Database Search Result Details
|
First Name
|
Robin
|
|
Last Name
|
Gabbert
|
|
Decision Date
|
10/25/2017
|
|
Docket Number
|
2017-2029-BooED
|
|
ALJ
|
WBM
|
|
Respondent
|
Boone County Board of Education
|
|
Employment Type
|
SERV
|
|
Job Title
|
Secretary III/Accountant II
|
|
Topics
|
Suspension
|
|
Primary Issues
|
Whether Respondent was authorized to suspend Grievant without pay pending an investigation of matters related to a criminal allegation.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 143-1-12.3; W. Va. Code §18A-2-7; W. Va. Code 18-29-6; W. Va. Code § 18A-4-8(i)(5)
|
|
Related Cases
|
Hays v. Hampshire County Bd. of Educ., Docket No. 03-14-327 (Jan. 30, 2004); Adkins v. Cabell County Board of Educ. Docket No. 2012-0085-CabED (Apr. 26, 2012); Hoover v. Lewis County Bd. of Educ., Docket No. 93-21-427 (Feb. 24, 1994); Landy v. Raleigh County Bd. of Educ., Docket No. 89-41-232 (Dec. 14, 1989); Miller v. Kanawha County Bd. of Educ., Docket No. 2015-0214-KanED (May 29, 2015); Adkins v. Cabell County Bd. of Educ., Docket No. 89-06-656 (May 23, 1990); Lemery v. Monongalia County Bd. of Educ. , Docket No. 91-30-477 (Apr. 30, 1992); Kitzmiller v. Harrison County Bd. of Educ. , Docket No. 13-88-189 (Mar. 31, 1989)
|
|
Keywords
|
Suspension; Criminal Activity; Embezzlement; Misconduct; Investigation; Arbitrary and Capricious; Mitigation
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant has been suspended without pay pending a criminal investigation and the Board’s investigation into allegations of embezzlement in the Transportation Department which occurred over multiple years. Grievant admitted to altering an invoice for one of the participants in the alleged embezzlement activities. Respondent suspended Grievant while reviewing several years of invoices to determine the extent of Grievant’s involvement. Respondent proved that the suspension pending investigation was justified and not arbitrary or capricious.
|
Back to Results
Search Again