Database Search Result Details
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First Name
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Heather
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Last Name
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Colley
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Decision Date
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1/8/2021
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Docket Number
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2020-1074-LogED
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ALJ
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LRB
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Respondent
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Logan 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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Registered Nurse
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Topics
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Dismissal; 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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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); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Domingues v. Fayette County Bd. of Educ., Docket No. 04-10-341 (Jan. 28, 2005); Geho v. Marshall County Bd. of Educ., Docket No. 2008-1395-MarED (Oct. 30, 2008); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002); Blankenship v. McDowell County Board of Educ., Docket No. 2016-0772-McDED (August 15, 2016)
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Keywords
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Termination; Job Duties; Insubordination; Employee Code of Conduct; Willful Neglect of Duty; Mitigation
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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 suspended and terminated from her employment as a school nurse for her failure to adequately perform her duties. Grievant, in her filing, denied all the allegations but through her testimony admitted she repeatedly did not supervise, monitor, document or follow the care plan and physician orders for a highlighted student. Grievant argued that her penalty was too severe and that she should have been provided an opportunity to improve. Respondent maintains that Grievant’s conduct amounted to willful neglect of duty and insubordination but nevertheless was an inexcusable failure to perform work-related responsibilities. Respondent maintains it is within its discretion to terminate Grievant’s employment without an additional improvement plan or opportunity to improve. By a preponderance of the evidence, Respondent established justification for the disciplinary actions taken. This grievance is denied.
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