Database Search Result Details
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First Name
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James
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Last Name
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Masser
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Decision Date
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2/19/2019
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Docket Number
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2018-1138-JefED
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ALJ
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RLR
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Respondent
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Jefferson 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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Termination; Dismissal
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Primary Issues
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Whether Respondent had good cause to terminate Grievant.
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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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Beverlin v. Board of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Maxey v. McDowell County Board of Education, 212 W. Va. 668, 575 S.E.2d 278 (2002); Neal v. Cabell County Bd. of Educ., Docket No. 2017-2157-CabED (Dec. 29, 2017); Risk v. Hancock County Bd. of Educ., Docket No. 07-15-048 (Oct. 3, 2007); Santer v. Kanawha County Bd. of Educ., Docket No. 03-20-092 (June 30, 2003)
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Keywords
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Termination; Unprofessional Language; Inappropriate Conduct; Employee Code of Conduct; Insubordination
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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 was employed as a physical education teacher for Respondent at the time of his termination. The record established that Grievant’s unprofessional language and inappropriate conduct violated the Employee Code of Conduct and his refusal to refrain from its use constitutes unsatisfactory performance and/or insubordination. The record is undisputed that Grievant was provided warnings, training, and a Focused Support Plan and Corrective Action Plan. Nevertheless, Grievant continued to use profanity and exhibit the same pattern of inappropriate behavior. Accordingly, the grievance is denied.
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