Database Search Result Details
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First Name
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Kathy
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Last Name
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Nelson
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Decision Date
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1/31/2020
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Docket Number
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2019-0172-CONS
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ALJ
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CHL
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Respondent
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Wayne 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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Teachers
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Topics
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Planning Periods
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that Respondent violated W. Va. Code § 18A-4-14 by denying her planning periods and discriminated against her W. Va. Code § 6C-2-2(d).
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 156-1-6.6 (2018); W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18A-4-14; W. Va. Code § 6C-2-2(d)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008)
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Keywords
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Planning Period; Discrimination; SAT; Testing
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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 employed by Respondent as a classroom teacher. Grievant was required to assist in administering practice SAT testing and actual SAT testing on certain dates during the 2017-2018 school year. As a result of the testing requirement and protocols, Grievant missed her planning periods on each of the days, while some of the other teachers assisting with the testing did not. Thereafter, Respondent denied Grievant’s claim for compensation for the lost planning periods. Grievant asserts that Respondent violated West Virginia Code § 18A-4-14 and engaged in discrimination in violation of West Virginia Code § 6C-2-2(d). Respondent denies Grievant’s claims. Grievant proved her claims by a preponderance of the evidence. Accordingly, this grievance is GRANTED.
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