details - Public Grievance Board

First Name	Laura
Last Name	Barrett
Decision Date	1/16/2018
Docket Number	2017-2060-BerED
ALJ	RLR
Respondent	Berkeley County Board of Education
Employment Type	SERV
Job Title	Bus Operator
Topics	Termination; Dismissal
Primary Issues	Whether Respondent proved that Grievant engaged in conduct constituting insubordination and willful neglect of duty.
Outcome	Denied
Statutes	W. Va. Code § 18A-2-8
Related Cases	Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Santer v. Kanawha County Bd. of Educ., Docket No. 03-20-092 (June 30, 2003); 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); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996)
Keywords	Termination; Insubordination; Unprofessional Behavior; Employee Code of Conduct; Willful Neglect of Duty
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant’s bus operator contract was terminated by Respondent on April 10, 2017. The termination followed a hearing held before the Berkeley County Board of Education on multiple charges of misconduct against Grievant brought by the County Superintendent. The record established that Grievant had been involved in incidents of unprofessional conduct. Grievant used threatening and profane language directed at another adult in the presence of school aged children. Grievant engaged in a physical altercation with her sister-in-law on the bus stairwell and then once the fight was interrupted by her husband, she resumed fighting and again attacked her sister-in-law. As a result, the Respondent proved by a preponderance of the evidence that it properly exercised its authority pursuant to W. Va. Code § 18A-2-8 in terminating Grievant’s bus operator’s contract.

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