Database Search Result Details

First Name Thomas
Last Name Tucker
Decision Date 7/17/2020
Docket Number 2020-0338-KanED
ALJ CHL
Respondent Kanawha County Board of Education
Employment Type PROF
Job Title Teacher
Topics Suspension; Termination
Primary Issues Whether Respondent proved that Grievant violated Kanawha County Schools Policy J28A by failing to report an allegation of sexual abuse, and whether Respondent’s actions in suspending and subsequently terminating Grievant’s employment were justified.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code §18A-2-8; W. Va. Code § 49-2-803; W. Va. Code § 49-1-101
Related Cases 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); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Beverlin v. Bd. of Educ., 158 W. Ca. 1067, 216 S.E.2d 554 (1975); Graham v. Putnam County Bd. of Educ., Docket No. 99-40-206 (Sep. 30, 1999); Allen v. Monroe County Bd. of Educ., Docket No. 90-31-021 (July 11, 1990); Duruttya v. Mingo County Bd. of Educ., Docket No. 29-88-104 (Feb. 28, 1990); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Adkins v. Cabell County Bd. of Educ., Docket No. 89-06-656 (May 23, 1990); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Tolliver v. Monroe County Bd. of Educ., Docket No. 01-31-493 (Dec. 26, 2001); 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); Hoover v. Lewis County Bd. of Educ., Docket No. 93-21-427 (Feb. 24, 1994); Bd. of Educ. v. Chaddock, 183 W. Va. 638, 398 S.E.2d 120, 122 (1990); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Geho v. Marshall County Bd. of Educ., Docket No. 2008-1395-MarED (Oct. 30, 2008); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Seddon v. W. Va. Dep't of Health/Kanawha-Charleston Health Dep't, Docket No. 90-H-115 (June 8, 1990)
Keywords Termination; Suspension; Willful Neglect of Duty; Failure to Report; Sexual Abuse; Sexual Contact; Sexual Misconduct; Mandatory Reporter; Duty; Visitor; Hearsay; Arbitrary and Capricious; Firefighting; Credibility; Investigation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a teacher. Respondent suspended Grievant, then terminated his contract of employment for failure to report an allegation of sexual abuse in violation of policy and law as he was a mandatory reporter. Grievant denies all of Respondent’s allegations asserting that nothing was reported to him; therefore, he had no duty to report anything. Grievant seeks reinstatement to his position. Respondent met its burden of proving that Grievant violated his duty to report and that such justifies its decision to suspend, then terminate Grievant’s employment. Accordingly, the grievance is DENIED.

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