Database Search Result Details
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First Name
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William
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Last Name
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Courts
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Decision Date
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5/13/2021
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Docket Number
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2019-1892-CONS
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ALJ
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BTC
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Respondent
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Kanawha 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/Autism Mentor
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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’s employment.
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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); Golden v. Bd. of Educ., 169 W. Va. 63, 67, 285 S.E.2d 665, 668 (1981); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 569 S.E.2d 456 (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); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002)
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Keywords
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Termination; Immorality; Insubordination; Misconduct; Mitigation; Vandalism
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action 21-AA-35 (Judge Tabit); Affirmed 1/6/22
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Supreme Court
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Synopsis
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Grievant was employed by Respondent, Kanawha County Board of Education, as an Aide/Autism Mentor. Grievant’s employment was terminated for immorality and insubordination when Grievant vandalized a restroom by inappropriately urinating on the floor. Respondent proved Grievant vandalized the restroom. Respondent was justified in terminating Grievant’s employment for this misconduct. Grievant failed to prove that mitigation is warranted. Accordingly, the grievance is denied.
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