Database Search Result Details
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First Name
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Joseph
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Last Name
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Lindamood
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Decision Date
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1/13/2021
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Docket Number
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2020-1531-WooED
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ALJ
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LRB
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Respondent
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Wood 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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Physical Education/Health
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Topics
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Suspension
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Primary Issues
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Whether the levied discipline is proper.
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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; W. Va. Code St. R. §126-162-1
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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); Potoczny v. Marion County Board of Education, Docket No. 99-24-344 (June 12, 2000); Stephens v. Wayne County Board of Education, Docket No. 2012-0339-WayED (August 10, 2012); Jeney v. United Technical Center, Docket No. 2019-0301-UTC (January 11, 2019)
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Keywords
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Suspension; Misconduct; Physical Interaction with Students; Insubordination
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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 is a duly licensed teacher of Wood County Board of Education with identified restrictions regarding his physical interactions with students. Grievant argues the instant disciplinary action was gratuitous and excessive action. Respondent maintains it is within its authority to sanction Grievant for his imprudent physical contact with a female student after being told on previous occasions not to have physical contact with students. Grievant was not sanctioned or found to be guilty of kissing a student. Respondent maintains Grievant’s conduct was insubordinate after being given ample opportunity to correct his physical contact with (touching of) students.
Respondent establishes Grievant’s action was ill-advised and constitutes a violation of a known and acknowledged directive. Respondent established lawful justification for sanctioning Grievant. As a matter of law, Grievant was insubordinate. The levied sanction (100-day suspension) is harsh but within the purview of the agency. This instant Administrative Law Judge recognizes and grasps Grievant’s plight and communicated incense however doesn’t feel empowered within the totality of this matter to second guess Respondent’s analysis (disciplinary action) and mitigate the sanction reached by the collective insight of the Wood County Board of Education. This grievance is DENIED.
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