details - Public Grievance Board

First Name	Tracey
Last Name	Ruddle
Decision Date	1/31/2020
Docket Number	2019-0534-RanED
ALJ	RLR
Respondent	Randolph County Board of Education
Employment Type	PROF
Job Title	Substitute Teacher
Topics	Dismissed; Termination
Primary Issues	Whether Respondent had good cause to terminate Grievant.
Outcome	Granted
Statutes	W. Va. Code § 18A-2-8; W. Va. Code § 18A-2-12a
Related Cases	Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); 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); Williams v. Cabell County Bd. of Educ., Docket No. 95-06-325 (Oct. 31, 1996); Jones v. Mingo County Bd. of Educ., Docket No. 95-29-151 (Aug. 24, 1995); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002)
Keywords	Termination; Willful Neglect of Duty; Insubordination; Misconduct; Correctable Conduct
Intermediate Court of Appeals
Circuit Court	Respondent appealed to Kanawha County Circuit Court 3/12/2020; Judge King; Civil Action No. 20-AA-32
Supreme Court
Synopsis	Respondent contends that Grievant was terminated from employment for willful neglect of duty and insubordination. Respondent failed to meet its burden of proof and establish these charges by a preponderance of the evidence at the evidentiary hearing. In addition, the record established that Respondent’s action of termination was precipitous due to the nature of Grievant’s conduct. Given the unique facts of this case, it appears that Grievant’s alleged misconduct could be correctable. Accordingly, the undersigned finds that Respondent failed to establish the charges against Grievant, and, under the unique circumstances of this case, Grievant is entitled to an improvement plan. This grievance is granted.

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