Database Search Result Details
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First Name
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Terri
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Last Name
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McDonald
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Decision Date
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3/20/2019
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Docket Number
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2019-0317-FayED
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ALJ
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WBM
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Respondent
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Fayette 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 St. R. § 126-99-4.4; W. Va. Code § 18A-2-8
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Related Cases
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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); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Tolliver v. Monroe County Bd. of Educ., Docket No. 01-31-493 (Dec. 26, 2001); Stover v. Mason County Bd. of Educ., Docket No. 95-26-078 (Sept. 25, 1995); Bd. of Educ. of the County of Gilmer v. Chaddock, 183 W. Va. 638, 398 S.E.2d 120 (1990); Williams v. Cabell County Bd. of Educ., Docket No. 95-06-325 (Oct. 31, 1996); Lancaster v. Ritchie County Board of Education, No. 15-0554 (W. Va. Sup. Ct., May 23, 2016)
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Keywords
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Termination; Insubordination; Willful Neglect of Duty; Training; Restraint Techniques; Policy
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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’s employment as a teacher for special needs students was terminated after it was discovered that she had kept a student from leaving the classroom by grabbing the hood on her jacket to pull her back, and she dragged the same student across the floor by her arm after the student succeeded in leaving the room.
Grievant argued that termination of her employment violated her rights under the Code to improve her performance. She also argued that the incident was not nearly an onerous as it appeared on the video, and she had several years of successful employment with the Board. This made dismissal too severe as well as arbitrary.
Respondent proved that Grievant’s actions were in violation of specific methods required to address such situations which is taught to all employees. Further, the training indicates that the actions taken be Grievant are known to cause injuries to students. Respondent met its burden of proof.
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