Database Search Result Details
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First Name
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Billie
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Last Name
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Allen
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Decision Date
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4/10/2019
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Docket Number
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2019-0347-CONS
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ALJ
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LRB
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Respondent
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Wood 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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Nurse
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent established proper grounds for the termination of Grievant’s employment contract.
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Outcome
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Denied
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Statutes
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W. Va. Code '' 18A-2-7 and 18A-2-8
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Related Cases
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Carper v. Clay County Health Dep=t, Docket No. 2012-0235-ClaCH (July 15, 2013); Cook v. Div. of Natural Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Vance v. Jefferson County Bd. of Educ., Docket No. 02-19-272 (Oct. 31, 2002); Allen v. Wood County Board of Education, Docket No. 2018-0919-WooED (Oct. 5, 2018); Conner v. Barbour County Board of Education, Docket No. 93-01-154 (Apr. 8, 1994)
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Keywords
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Termination; Certification; Licensure; Renewal; Accredited Class Credits; Arbitrary and Capricious
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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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To work as a school nurse in West Virginia, it is necessary for a registered nurse to take additional college courses. In order to maintain certification/licensure as a school nurse, an individual must take a certain number of approved courses. Grievant was employed as a school nurse at Jefferson Elementary Center prior to the instant disciplinary action(s). Grievant’s certification/licensure as a school nurse was due for renewal for the 2018-2019 school year. Grievant took a number of online courses, which she believed would serve to renew her certification/licensure. The online courses that Grievant had taken did not qualify for renewal of certification/licensure as a school nurse. Grievant requested a one-time one-year waiver that would grant her certification/licensure as a school nurse for the 2018-2019 school year. Respondent is not required to grant this extension. Grievant had three years to acquire the necessary accreditation. Respondent suspended Grievant without pay and subsequently recommended the termination of her contract of employment.
Grievant contends a number of manipulating factors influenced Respondent’s actions in the context of this matter. Grievant alleges Respondent’s actions can be viewed in several unacceptable manners, be it retaliatory or arbitrarily and capriciously. Grievant failed to persuasively establish Respondent’s actions were not proper exercise of discretion. Respondent establish by a preponderance of the evidence justification for disciplinary action against Grievant. Grievant failed to renew her school nurse certificate in a timely manner and she was not qualified to work for Respondent. This Grievance is DENIED.
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