Database Search Result Details
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First Name
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Carrie
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Last Name
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Starkey
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Decision Date
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2/3/2021
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Docket Number
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2019-1893-CONS
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ALJ
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BTC
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Respondent
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Wayne 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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Probationary Substitute Cook
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Topics
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Contract
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Primary Issues
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Whether Grievant proved that Respondent’s non-renewal of her probationary contract was arbitrary and capricious.
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Outcome
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Granted/Denied
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Statutes
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W. Va. Code § 18A-2-8a; W. Va. Code § 6C-2-3(h); W. Va. Code § 6C-2-2(o)
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Related Cases
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Jenkins v. Jefferson County Bd. of Educ., Docket No. 2008-1760-CONS (March 4, 2009); McClain v. Jackson County Bd. of Educ., Docket No. 04-18-182 (Feb. 28, 2005); Loundman-Clay v. Higher Educ. Policy Comm'n, Docket No. 02-HEPC-013 (Aug. 29, 2002); Mellow v. Jefferson County Bd. of Educ., Docket No. 2010-1397-JefED (Oct. 8, 2010); Beheler v. Logan County Bd. of Educ., Docket No. 98-23-276 (Dec. 11, 1998); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004); Baker v. Bd. of Educ., 207 W. Va. 513, 518, 534 S.E.2d 378, 383 (2000); Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013); Carson v. Kanawha County Bd. of Educ., Docket No. 2012-0633-KanED (July 31, 2012); White v. Monongalia County Bd. of Educ., Docket No. 93-30-371 (Mar. 31, 1994)
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Keywords
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Probationary Contract; Harassment; Hostile Work Environment; Reprisal; Arbitrary and Capricious
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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 employed by Respondent as a probationary substitute cook. Respondent declined to renew Grievant’s probationary contract of employment. Respondent failed to comply with the statutorily-required timeframe for the nonrenewal of a probationary contract. Respondent failed to provide Grievant with a proper evaluation and opportunity to improve. Grievant is entitled to reinstatement of her probationary substitute contract but failed to prove she was entitled to back pay or instatement into a permanent position. Grievant proved she was subjected to harassment but failed to prove hostile work environment. Accordingly, the grievance is granted, in part, and denied, in part.
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