Database Search Result Details

First Name R.
Last Name S.
Decision Date 9/30/2020
Docket Number 2020-0070-KanED
ALJ CHL
Respondent Kanawha County Board of Education
Employment Type SERV
Job Title Maintenance
Topics Dismissed; Termination; Suspension
Primary Issues Whether Respondent met its burden of proving by a preponderance of the evidence that Grievant engaged in acts of insubordination and that its decision to suspend and, subsequently, terminate Grievant’s employment contract was justified.
Outcome Granted
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18A-2-8
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); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Sexton v. Marshall Univ., Docket No. BOR2-88-029-4 (May 25, 1988), aff'd, Sexton v. Marshall University, 182 W. Va. 294, 387 S.E.2d 529 (1989); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); 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); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); 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); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732, 274 S.E.2d 435 (1980)
Keywords Termination; Suspension; Insubordination; Discrimination; Harassment; Retaliation; Reprisal; Credibility; Arbitrary and Capricious; Mitigation; Dismissed; Evaluations; Performance; Satisfactory; Unsatisfactory; Improvement; Correctable
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a carpenter and had been employed, although in different capacities, since in or about 2007. Respondent first suspended Grievant and subsequently terminated Grievant’s employment contract for insubordination after two interactions with his intermediate supervisor. Grievant filed his grievance challenging the charge of insubordination and his suspension and dismissal asserting a number of claims including discrimination, harassment, and retaliation/reprisal. Respondent denies these claims and asserts that it was justified in terminating Grievant’s employment contract. Respondent failed to meet its burden of proving insubordination and failed to prove that the discipline imposed was justified. Accordingly, this grievance is GRANTED.

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