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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12/18/2019
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Docket Number
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2019-0671-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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Teacher
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent established proper cause to terminate Grievant employment as a full-time teacher.
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Outcome
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Granted
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Statutes
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W. Va. Code §§ 18A-2-12, 18A-2-12A; 18A-2-8 W. Va. Code St. R. § 126-142-1 et seq.
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Related Cases
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Gonzalez v. Cabell County Bd. of Educ., Docket No. 2018-0867-CabED; Gonzales v. Cabell County Bd. of Educ., Docket No. 2018-1255-CabED (Sept 27, 2019); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Riddle v. Bd. of Directors/So. W. Va. Community College, Docket No. 93 BOD 309 (May 31, 1994); Russell v. Kanawha County Bd. of Educ., Docket No. 2016-0447-KanED (Mar. 21, 2016); Beckley v. Lincoln County Bd. of Educ., Docket No. 99-22-168 (Aug. 31. 1999); Hoover v. Lewis County Bd. of Educ., Docket No. 92-21-427 (Feb. 24, 1994); Baker v. Fayette County Bd. of Educ., Docket No. 94-10-427 (Jan. 24, 1995); Burns v. Lincoln County Bd. Of Educ., Docket No. 2013-1552-LinED (Oct. 15, 2014)
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Keywords
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Termination; Insubordination; Credibility; Willful Neglect of Duty; Correctable Conduct; Opportunity to Improve
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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 2/12/2020; Judge Kaufman; Civil Action No. 20-AA-22; Final Order 7/22/2020; Reversed
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Supreme Court
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Grievant appealed to WV State Supreme Court; No. 20-0658, Affirmed, 1/12/2022
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Synopsis
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Grievant filed this grievance protesting Respondent’s suspension and termination of his employment from a 200-day teaching position within Cabell County. The instant grievance, while a separate and distinct grievance, it is uniquely coupled with Gonzales v. Cabell County Bd. of Educ., Docket No. 2018-1255-CabED (Sept 27, 2019). Respondent contends that Grievant has caused them to unduly use resources and was overly difficult to manage to the point that termination of his employment is justified.
The authority of a county board of education to discipline an employee must be based upon one or more of the causes listed in W. Va. Code § 18A-2-8, and must be exercised reasonably, not arbitrarily or capriciously. Additionally, in accordance with W. Va. Code § 18A-2-12a, Respondent is required to inform an employee of his or her deficiencies and afford said employee a reasonable period to improve. A key question is whether or not the conduct is correctable. Grievant’s highlighted conduct is notable but debatable activity. Grievant’s teaching contract was terminated within an extremely short time period after his demotion. Respondent failed to persuasively establish Grievant’s conduct post demotion demonstrated lawful cause for termination of his employment as a full-time teacher.
This grievance matter was not a cut-and-dry disciplinary scenario; nevertheless, in the context of this matter, Respondent did not meet its burden demonstrating just cause which is recognized legally sufficient to warrant the dismissal of Grievant. This grievance is GRANTED.
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