| First Name | G. |
| Last Name | Neal |
| Decision Date | 12/29/2017 |
| Docket Number | 2017-2157-CabED |
| ALJ | BTC |
| Respondent | Cabell County Board of Education |
| Employment Type | PROF |
| Job Title | Teacher/Coach |
| Topics | Dismissal, Termination of Extracurricular Contract |
| Primary Issues | Whether Respondent proved it was justified in terminating Grievant’s contract for his insubordination and violation of the code of conduct and whether Grievant proved that the penalty of termination should be mitigated. |
| Outcome | Denied |
| Statutes | W. Va. Code § 6C-2-4(a)(4), 18A-2-8, 18A-2-8(a), 18A-2-12a, CSR § 126-162-4.2 (2002), 156-1-3 (2008) |
| Related Cases | Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Domingues v. Fayette County Bd. of Educ., Docket No. 04-10-341 (Jan. 28, 2005); Johnson v. Kanawha County Bd. of Educ., Docket No. 2011-0178-CONS (May 27, 2011); Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002); Dalton v. Monongalia County Bd. of Educ., Docket No. 2010-1607-MonED (Nov. 23, 2010), Affirmed, Kanawha County Cir. Ct., Civil Action No. 11-AA-2 (May 12, 2011); Overbee v. Dep't of Health & Human Res./Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); and Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732 (W. Va. 1980) |
| Keywords | Termination of Extracurricular Contract, Dismissal, Profane Language, Profanity, Code Of Conduct, Students, Athletes, Suspension, Insubordination |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant is employed by Respondent as a teacher and was previously employed as a head basketball coach. Grievant’s extracurricular coaching contract was terminated for his repeated use of profanity. Respondent proved that, after being suspended for use of profanity and being counseled regarding the same, Grievant was insubordinate when he again used profanity. Grievant’s conduct did not relate to professional incompetency and was not correctable, so Grievant was not entitled to a plan of improvement. Respondent proved it was justified in terminating Grievant’s contract for his insubordination and violation of the code of conduct. Grievant failed to prove that the penalty of termination should be mitigated. Accordingly, the grievance is denied. |