Database Search Result Details
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First Name
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R.
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Last Name
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Moffatt
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Decision Date
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1/31/2020
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Docket Number
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2019-0686-WebED
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ALJ
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WBM
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Respondent
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Webster 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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Maintenance
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Topics
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Dismissal; Termination
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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 § 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); Santer v. Kanawha County Bd. of Educ., Docket No. 03-20-092 (June 30, 2003); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 569 S.E.2d 456 (2002); Sexton v. Marshall Univ., Docket No. BOR2-88-029-4 (May 25, 1988), aff'd, Sexton v. Marshall University, 182 W. Va. 294, 387 S.E.2d 529 (1989); Lancaster v. Ritchie County Board of Education, No. 15-0554 (W. Va. Sup. Ct., May 23, 2016); State v. Green, 157 W.Va. 1031. 206 S.E.2d 293 (1974); Hudson v. Dep't of Health and Human Res./Welch Cmty. Hosp., Docket No. 07-HHR-311 (March 21, 2008)
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Keywords
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Termination; Suspension; Employee Code of Conduct; Insubordination; Mitigation
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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 was given a long-term suspension without pay for punching his supervisor in the jaw/neck area, an act Grievant admits doing. Grievant argues that his actions were justified by his supervisor’s abusive language and threats. Grievant also argues that he was acting in self-defense. Respondent proved that Grievant was guilty of insubordination because hitting his supervisor constituted a serious violation of the Board’s Employee Code of Conduct. The evidence does not support a finding of self-defense. Given the totality of the circumstances and the ultimate action of the Board, further mitigation of the punishment was not warranted.
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