Database Search Result Details
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First Name
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Jonathan
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Last Name
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Stewart
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Decision Date
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6/4/2021
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Docket Number
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2020-1561-CONS
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ALJ
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RLR
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Respondent
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Mineral County Board of Education
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Employment Type
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PROF/SERV
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Job Title
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Teacher
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Topics
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Suspension; Termination
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Primary Issues
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Whether Respondent established by a preponderance of the evidence the allegations of immorality and insubordination that led to the suspension and dismissal of 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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Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); 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); Santer v. Kanawha County Bd. of Educ., Docket No. 03-20-092 (June 30, 2003); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 569 S.E.2d 456 (2002); Wells v. Upshur County Bd. of Educ., Docket No. 2009-1714-UpsED (May 6, 2011); Board of Education v. Wirt, 192 W. Va. 568, 453 S.E.2d 402 (1994)
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Keywords
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Suspension; Termination; Insubordination; Immorality; Grooming; Inappropriate Relationship; Employee Code of Conduct
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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 as a teacher by the Mineral County Board of Education. Grievant was dismissed from his contract of employment for immorality and insubordination following an inappropriate relationship with a sixteen-year-old female student and the failure to follow his supervisor’s directive to have no further contact with the student. Respondent proved these charges by a preponderance of the evidence. In addition, Respondent was acting within its discretion to dismiss an employee pursuant to the applicable law.
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