Database Search Result Details
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First Name
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Keith
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Last Name
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Smith
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Decision Date
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3/18/2019
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Docket Number
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2018-1278-CONS
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ALJ
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LRB
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Respondent
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Roane County Board of Education
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Employment Type
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SERV
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Job Title
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Bus Operator
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent established just cause to terminate Grievant in accordance with West Virginia Code.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-2-8; W. Va. Code § 18A-2-7(c); W. Va. Code § 18-5-15c(d)
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Related Cases
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Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Miller v. Kanawha County Board of Education, Docket No. 2015-0214-KanED (May 29, 2015); Samples v. Raleigh County Bd. of Educ., Docket No. 98-41-391 (Jan. 13, 1999); Carr v. Monroe County Bd. of Educ., Docket No. 98-31-342 (Dec. 15, 1998) Syl. Pt. 2, Golden v. Bd. of Educ., 169 W. Va. 63, 285 S.E.2d 665 (1981)
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Keywords
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Termination; Criminal Background; Investigation; Discovery Rule; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County Circuit Court 4/18/19, CA #19-AA-39 (Bailey);
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Supreme Court
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Synopsis
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Grievant was employed as a bus operator with Roane County Board of Education. After four and one-half years of service Grievant was terminated from said position. Respondent terminated Grievant’s employment upon becoming aware of his criminal background. It is undisputed that Grievant was not charged with any new or additional crimes during his tenure of employment with Respondent.
Grievant contends that he was wrongfully suspended and then terminated. Grievant argues that his employment with Respondent should be reinstated. Respondent argues Grievant’s failure to completely and accurately disclose his criminal history on his three applications for employment with Roane County Schools coupled with the contents of the criminal history, it is permissible and readily prudent to discharge Grievant from employment. Grievant has never been convicted of, plead guilty to or plead nolo contender to a felony charge. Grievant underwent an extensive criminal background investigation under the direction of the West Virginia Department of Education prior to being hired by Respondent. He passed the investigation and was issued a bus operator certification. Respondent has not established a discovery rule exception in the confines of this case.
Respondent has failed to prove by a preponderance of the evidence that Grievant has committed any of the offenses set out in West Virginia Code § 18A-2-8(a) to justify termination.
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