Database Search Result Details
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First Name
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Julia
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Last Name
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Fleming
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Decision Date
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3/20/2018
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Docket Number
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2017-1633-LogED
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ALJ
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LRB
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Respondent
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Logan County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Suspension
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Primary Issues
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Whether Grievant’s ten-day suspension was too sever of a sanction in the circumstances of this case.
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Outcome
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Denied
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Statutes
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W. Va. Code 18A-2-8
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Related Cases
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Simons v. Logan County Bd. of Educ., Docket No. 95-23-399 (June 27, 1996); Reynolds v. Kanawha- Charleston Health Dept., Docket No. 90-H-128 (Aug. 8, 1990); Meads v. Veteran Admin., 36 M.S.P.R. 574 (1988); Nicholson v. Logan County Bd. of Educ., Docket No. 95-23-129 (Oct. 18, 1995); Tickett v. Cabell County Bd. of Educ., Docket No. 97-06-233 (Mar. 12, 1998)
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Keywords
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Suspension; Insubordination; Repeated Inappropriate Conduct; Smoking on School Property; Mitigation
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 4/16/18, CA #18-AA-202 (Bailey);
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Supreme Court
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Synopsis
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It was established and uncontested that Grievant has repeatedly engaged in use of tobacco products on school property. Grievant challenges the severity of a ten-day suspension. An allegation that a particular disciplinary measure is disproportionate to the offense proven, or otherwise arbitrary and capricious, is an affirmative defense and Grievant bears the burden of demonstrating that the penalty was clearly excessive, or reflects an abuse of the employer's discretion, or an inherent disproportion between the offense and the personnel action. Mitigation was considered.
Respondent has substantial discretion to determine a penalty in these types of situations. Grievant had knowledge of the prohibition based upon both State and County School Board policies, she in fact, had been previously reprimanded and placed on probation for using tobacco products on school property or in the presence of students thus, it is difficult to find that Respondent in imposing of a ten-day suspension for this violation is so clearly disproportionate to the employee's offense that it indicates an abuse of discretion. This Grievance is DENIED.
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