Database Search Result Details

First Name William
Last Name Courts
Decision Date 7/21/2017
Docket Number 2017-1369-KanED
ALJ CHL
Respondent Kanawha County Board of Education
Employment Type SERV
Job Title Autism Mentor/Aide
Topics Suspension; Termination; Dismissal
Primary Issues Whether Respondent proved that Grievant engaged in conduct constituting insubordination and/or willful neglect of duty justifying suspension and dismissal.
Outcome Granted
Statutes W.Va. Code St. R. § 156-1-3 (2008); W. Va. Code §18A-2-8
Related Cases Ramey v. W. Va. Dep't of Health, Docket No. H-88-005 (Dec. 6, 1988); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Totten v. Board of Educ. of County of Mingo, 171 W. Va. 755, 301 S.E.2d 846 (1983); Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); Martin v. W. Va. [State] Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990); Adkins v. Cabell County Bd. of Educ., Docket No. 89-06-656 (May 23, 1990); Tolliver v. Monroe County Bd. of Educ., Docket No. 01-31-493 (Dec. 26, 2001); Williams v. Cabell County Bd. of Educ., Docket No. 95-06-325 (Oct. 31, 1996); Jones v. Mingo County Bd. of Educ., Docket No. 95-29-151 (Aug. 24, 1995); Hoover v. Lewis County Bd. of Educ., Docket No. 93-21-427 (Feb. 24, 1994); Bd. of Educ. v. Chaddock, 183 W. Va. 638, 398 S.E.2d 120, 122 (1990); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Geho v. Marshall County Bd. of Educ., Docket No. 2008-1395-MarED (Oct. 30, 2008); Allen v. Monroe County Bd. of Educ., Docket No. 90-31-021 (July 11, 1990); Duruttya v. Mingo County Bd. of Educ., Docket No. 29-88-104 (Feb. 28, 1990); Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002); Waggoner v. Cabell County Bd. of Educ., Docket No. 2008-1570-CabED (Oct. 31, 2008); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Pine v. W. Va. Dep’t of Health & Human Res., Docket No. 95-HHR-066 (May 12, 1995); Lanehart v. Logan County Bd. of Educ., Docket No. 95-23-235 (Dec. 29, 1995); Perdue v. Dep’t of Health & Human Res., Docket No. 93-HHR-050 (Feb. 4, 1994); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
Keywords Suspension; Termination; Insubordination; Willful Neglect of Duty; Misconduct; Austism Mentor; Aide; Interns; Credibility; Restraint; Profanity; Inconsistencies; Intentional; Disciplinary Hearing; Transporting; Written Statement; Bias
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as an Autism Mentor/Aide. Grievant was suspended then terminated for insubordination and willful neglect of duty in the treatment of the students in his charge as alleged by two high school student interns, or observers. Grievant disputes these charges, and argues that the alleged misconduct did not occur. There is an additional claim that Grievant used an improper restraint technique, but Respondent met with Grievant soon after the incident, and discussed the same. Grievant was not disciplined for his actions, and it appears to have been treated like correctable conduct. Respondent failed to prove its claims by a preponderance of the evidence, and failed to justify Grievant’s suspension and dismissal. Accordingly, the grievance is GRANTED.

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