Database Search Result Details
|
First Name
|
Twanna
|
|
Last Name
|
Holton
|
|
Decision Date
|
1/14/2019
|
|
Docket Number
|
2018-1301-LinED
|
|
ALJ
|
BTC
|
|
Respondent
|
Lincoln County Board of Education
|
|
Employment Type
|
PROF
|
|
Job Title
|
Teacher
|
|
Topics
|
Dismissal; Termination
|
|
Primary Issues
|
Whether Respondent proved Grievant was insubordinate, that her behavior was not correctable, and that termination of her employment was justified.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code § 18A-2-8; W. Va. Code § 18A-2-12a(6)
|
|
Related Cases
|
Parham v. Raleigh Cnty. 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); Allen v. Monroe Cnty. 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); Sexton v. Marshall Univ., Docket No. BOR2-88-029-4 (May 25, 1988), aff'd, Sexton v. Marshall Univ., 182 W. Va. 294, 387 S.E.2d 529 (1989); Jones v. W. Va. Dept. of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Stamper v. W. Va. Dept. of Health & Human Res., Docket No. 95-HHR-144 (Mar. 20, 1996); Womack v. Dept. of Admin., Docket No. 93-ADMN-430 (Mar. 30, 1994); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732 (W. Va. 1980)
|
|
Keywords
|
Dismissal; Termination; Insubordinate; Code of Conduct; Classroom Control; Inappropriate Communication With Students; Restraining Students; Intimidating Students; Correctable Conduct; Mitigation
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Grievant appealed to Kanawha County Circuit Court 1/28/19, Civil Action #19-AA-6 (Bailey), Affirmed 8/11/2021.
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by Respondent as a second-grade teacher. Grievant’s employment was terminated for three incidents: forcing all of her students to write the same letter to their guardians shaming behavior that not all children had demonstrated and discussing medication, restraining and confining a student under her desk, and holding children by the wrist and yelling at her assistant principal. Grievant had previously been suspended for taping a child to the wall with duct tape. Respondent proved Grievant was insubordinate, that her behavior was not correctable, and that termination of her employment was justified. Grievant failed to prove mitigation is warranted. Accordingly, the grievance is denied.
|
Back to Results
Search Again