Database Search Result Details

First Name Eric
Last Name Shamblen
Decision Date 11/29/2018
Docket Number 2018-0458-MnrED
ALJ CHL
Respondent Monroe County Board of Education
Employment Type SERV
Job Title Custodian
Topics Suspension; Termination; Insubordination; Immorality
Primary Issues Whether Respondent proved by a preponderance of the evidence that Grievant engaged in conduct constituting insubordination and immorality thereby justifying his suspension and dismissal.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18A-2-8; W. Va. Code §18A-2-8(a)
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 91-AA-110 (June 4, 1992); Allen v. Monroe County Bd. of Educ., Docket No. 90-31-021 (July 11, 1990), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 90-AA-134 (Oct. 13, 1992); Duruttya v. Mingo County Bd. of Educ., Docket No. 29-88-104 (Feb. 28, 1990), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 90-AA-72, aff’d, Duruttya v. Bd. of Educ., 181 W. Va. 203, 382 S.E.2d 203 (1989); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); In re Queen, 196 W.Va. 442, 473 S.E.2d 483 (1996); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003); 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); Lancaster v. Ritchie County Bd. of Educ., No. 15-0554 (W. Va. Sup. Ct., May 23, 2016); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002) (per curiam); Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990); Golden v. Bd. of Educ., 169 W. Va. 63, 67, 285 S.E.2d 665, 668 (1981); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995), aff’d, Kanawha Cnty. Cir. Ct. Docket No 95-AA-66 (May 1, 1996), appeal refused, W.Va. Sup. Ct. App. (Nov. 19, 1996); Martin v. W. Va. [State] Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989). Maxey v. West Virginia Department of Health and Human Res., Docket No. 93-HHR-007 (Feb. 28, 1995), aff’d, Wyoming Cnty. Cir. Ct. Docket No 95-C-110 (Mar. 4, 1997), appeal refused, W.Va. Sup. Ct. App. Docket No. 971494 (Dec. 3, 1997)
Keywords Suspension; Termination; Code of Conduct; Insubordination; Immorality; Professionalism; Arbitrary and Capricious; Facebook; Social Media; Posts; Photos; Selfie; Comments; Flirtatious; Advance; Suggestive; Proposition; Training; Excessive; Abuse of Discretion; Disproportion
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County Circuit Court 1/2/19 CA # 19-AA-2 (Tabit); Affirmed by Final Order 9/12/19
Supreme Court
Synopsis Grievant was employed by Respondent as a custodian. Respondent terminated Grievant’s employment after it was discovered that he posted inappropriate comments on a student’s posts on Facebook in violation of the Employee Code of Conduct. Respondent asserts that the violations of the Employee Code of Conduct constitute insubordination and immorality. Grievant did not deny making the comments on the Facebook posts, but denied knowing that the posts were that of a student at one of the schools to which he is assigned. Therefore, Grievant denied violating the Employee Code of Conduct, and denied engaging in acts of insubordination and immorality. Respondent proved by a preponderance of the evidence that Grievant violated the Employee Code of Conduct and engaged in acts of insubordination and immorality thereby justifying his termination. Grievant failed to prove by a preponderance of the evidence that his termination from employment was excessive or an abuse of Respondent’s discretion, or that there is an inherent disproportion between the offense and the personnel action. Accordingly, the grievance is DENIED.

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