Database Search Result Details
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First Name
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Elizabeth
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Last Name
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Sanchez
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Decision Date
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12/7/2018
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Docket Number
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2018-0595-MonED
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ALJ
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JSF
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Respondent
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Monongalia 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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Written reprimand
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Primary Issues
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Whether the letter of reprimand was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 126-162-4; W. Va. Code § 18A-2-12a(b)(6)
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Related Cases
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Simms v. Division of Nat'l Res., Docket No. 2015-1156-DOCS (Nov. 12, 2015); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 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); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Buskirk v. Civil Serv. Comm’n, 175 W.Va. 279, 332 S.E.2d 579 (1985); Nadler v. W. Va. Univ., Docket No. 05-HE-455 (June 22, 2006); Byrd v. Dept. of Health and Human Res./William R. Sharpe, Jr. Hospital, Docket No. 2017-0769-DHHR (Aug. 8, 2017), rev’d, Kanawha Cnty. Cir. Ct. Civil Action No. 17-AA-74 (March 2, 2018)
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Keywords
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Written Reprimand; Intimidating Behavior; Body Language; Employee Code of Conduct; Hearsay; Due Process; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as a teacher at Westwood Middle School and grieves a letter of reprimand. The letter of reprimand concludes that Grievant engaged in intimidating behavior by standing close to a student and waving her finger in the student’s face, while the student stood with his back against the wall. It also concludes that Grievant violated confidentiality by questioning the student as to “why” his guardian did not attend a parent-teacher conference. Respondent did not prove by a preponderance of the evidence that Grievant asked the student “why” his guardian did not attend a parent-teacher conference. Respondent proved by a preponderance of the evidence that Grievant stood close to a student and waved her finger in the student’s face, while the student had his back against the wall. Respondent’s interpretation of this conduct as a violation of the West Virginia State Board of Education’s Employee Code of Conduct was reasonable. The letter of reprimand was not applied in an arbitrary and capricious manner and did not violate Grievants due process rights. Accordingly, this grievance is DENIED.
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