Database Search Result Details
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First Name
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Matthew
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Last Name
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Gonzales
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Decision Date
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9/27/2019
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Docket Number
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2018-1255-CabED
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ALJ
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LRB
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Respondent
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Cabell 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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Assistant Principal
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Topics
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Suspension; Demotion
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Primary Issues
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Whether Respondent established that Grievant's actions were deliberate and intentional to the degree that the conduct constituted insubordination and willful neglect of duty.
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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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Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Bradley v. Cabell County Bd. of Educ. Docket No. 99-06-150 (Sept. 9, 1996); Willis v. Jefferson County Bd. of Educ., Docket No.96-19-230 (Oct. 28, 1998); Williams v. Cabell County Bd. of Educ., Docket No. 95-06-25 (Oct. 31, 1996), aff’d, Kanawha County Circuit Court Civil Action No. 96-AA-161 (Sept. 8, 1999), appeal refused, W. Va. Sup. Ct. of Appeals 5-0, Case No. 001117 (June 21, 2000); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990); Maxey v. McDowell County Bd. of Educ., 212 w. Va. 668, 575 S.E.2d 278 (2002); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732 (W. Va. 1980); Jarrell v. Jackson County Bd. of Educ., Docket No. 04-18-204 (Oct. 27, 2004)
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Keywords
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Suspension; Demotion; Suspicious Behavior with Students; Investigation; Misconduct; Wrongdoing; Failure to Monitor Students; Willful Neglect of Duty; Credibility; Insubordination; Mitigation
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 11/5/2019; Civil Action No. 19-AA-152; Judge Kaufman; Final Order 2/14/2020; Affirmed
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Supreme Court
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Synopsis
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Grievant worked as the Assistant Principal of Huntington Middle School until Respondent suspended and demoted him to a 200-day teaching position within Cabell County. Grievant filed this grievance alleging Respondent’s actions were reprisal and unsubstantiated claim of malfeasance in violation of West Virginia Code and West Virginia common law. Grievant avers that Respondent fails to meet its burden of proof on the demotion.
Grievant was repeatedly made aware of Respondent’s expectations regarding his administrative position. Grievant was either unwilling or unable to perform the duties as reasonably required. A board of education’s decision to terminate an employee’s administrative contract and place him or her in a teaching position is a disciplinary demotion, pursuant to W. Va. Code § 18A-2-8. This grievance matter was not a straight forward, cut-and-dry, disciplinary scenario; nevertheless, Grievant was aware and responsible for his own actions. Respondent established by a preponderance of the evidence that Grievant's actions were deliberate and intentional to the degree that the conduct constituted insubordination and/or willful neglect of duty.
Respondent’s demotion of Grievant to a 200-day teacher position was not excessive in that termination was a distinct disciplinary option available and contemplated. Mitigation of the demotion is not found to be suitable in the circumstance of this matter. This grievance is denied.
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