Database Search Result Details
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First Name
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Shawn
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Last Name
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Miller
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Decision Date
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5/14/2020
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Docket Number
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2020-0494-KanED
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ALJ
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BTC
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Respondent
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Kanawha 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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Termination
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Primary Issues
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Whether Respondent’s decision to terminate Grievant’s employment for theft was reasonable.
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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); Golden v. Bd. of Educ., 169 W. Va. 63, 67, 285 S.E.2d 665, 668 (1981); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
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Keywords
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Termination; Immortality; Theft; Misconduct
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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 teacher at Ben Franklin Career Center teaching classes to adults for the operation of heavy equipment. Grievant’s employment was terminated for immorality for the theft of a large slab of aluminum. Grievant denied the charges. Although there was some question of the ownership of the aluminum, Respondent proved it was more likely than not Grievant stole the aluminum and that it was reasonable to terminate Grievant’s employment for the same. Accordingly, the grievance is denied.
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