Database Search Result Details
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First Name
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Kristen
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Last Name
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Ainsworth
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Decision Date
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9/24/2020
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Docket Number
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2020-1006-JefED
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ALJ
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RLR
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Respondent
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Jefferson 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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Aide
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Topics
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Dismissed; 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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Granted
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Statutes
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W. Va. Code § 18A-2-8; W. Va. Code § 6C-2-4(a)(3)
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Related Cases
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Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Wells v. Upshur County Bd. of Educ., Docket No. 2009-1714-UpsED (May 6, 2011); Golden v. Bd. of Educ. of the County of Harrison, 169 W. Va. 63, 285 S.E,2d 665, 668 (1981); Kennedy v. Dep’t of Health & Human Res., Docket No. 2009-1443-DHHR (Mar. 11, 2010); Warner v. Dep’t of Health and Human Resources, Docket No. 07-HHR-409 (Nov. 18, 2008); Lundsford and Kelly v. Reg’l Jail & Corr. Facility Auth., Docket No. 2016-1368-CONS (Sept. 28, 2016)
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Keywords
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Termination; Immorality; Insubordination; Hearsay; Misconduct; Correctable Conduct
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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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Respondent contends that Grievant was dismissed from employment for immorality and insubordination. The only evidence to support these accusations was the testimony of the Human Resource Director, and her report summarizing interviews conducted by her and a third-party investigator. This is hearsay and, in some instances, hearsay upon hearsay. Under the circumstances of this grievance, this hearsay is entitled to no weight. Respondent failed to meet its burden of proof and establish these charges by a preponderance of the evidence. In addition, the record established that Respondent’s action of termination was precipitous due to the nature of Grievant’s conduct. Given the 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 Grievant is entitled to an improvement plan. This grievance is granted.
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