| First Name | Sammy |
| Last Name | Burdette |
| Decision Date | 1/3/2019 |
| Docket Number | 2018-1251-KanED |
| ALJ | CHL |
| Respondent | Kanawha County Board of Education |
| Employment Type | PROF |
| Job Title | Substitute Teacher |
| Topics | Contract Renewal |
| Primary Issues | Whether Grievant proved by a preponderance of the evidence that Respondent violated any rule, policy, procedure, or law in its decision not to renew his one-year contract. |
| Outcome | Denied |
| Statutes | W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.2 (2008); W. Va. Code § 18A-2-8a; W. Va. Code § 18A-2-12a; W. Va. Code § 18A-1-1(a); W. Va. Code § 18A-2-12a(b)(6) |
| Related Cases | Leichliter v. W. Va. Dep't of Health and 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); Dillon v. Wyoming County Board of Education, 177 W. Va. 145, 351 S.E.2d 58 (1986); Baker v. Bd. of Educ., 207 W. Va. 513, 534 S.E.2d 378 (2000); 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 Cnty 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); Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977) |
| Keywords | Substitute; Contract; Renewal; Rehire; Reasons; Expire; Due Process; Motion to Dismiss; Arbitrary and Capricious; Dismissed |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by Respondent as a Substitute Teacher pursuant to a one-year contract. Respondent informed Grievant by letter that it was not rehiring him, or renewing his contract, for the next school year. In that same letter, Respondent stated that Grievant may request a written statement of reasons for his not having been rehired and a hearing before the Board. Grievant requested the same and Respondent did not comply. Grievant argues that Respondent’s actions violate various statutes and improperly denied him due process. Respondent denied Grievant’s claims and asserted that its actions were proper pursuant to the contract. Grievant failed to prove his claims by a preponderance of the evidence. Accordingly, the grievance is DENIED. |