Database Search Result Details
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First Name
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Robert
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Last Name
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Hogsett, Jr.
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Decision Date
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7/1/2021
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Docket Number
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2020-0856-CONS
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ALJ
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BTC
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Respondent
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Cabell 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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Teacher
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Topics
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Suspension; Termination; Dismissal
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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; W. Va. Code St. R. § 126-162-4.2 (2002); W. Va. Code § 6C-2-2(d); W. Va. Code § 18A-2-12a(b)(6)
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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); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Golden v. Bd. of Educ., 169 W. Va. 63, 67, 285 S.E.2d 665, 668 (1981); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Mason Cty. Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732, 733, 274 S.E.2d 435, 436 (1980); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Suspension; Termination; Misconduct; Insubordination; Willful Neglect of Duty; Immorality; Policy; Code of Conduct; Retaliation; 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 employed as a teacher by Respondent at Huntington Middle School. Grievant was suspended without pay and then terminated from his employment after confessing under oath in a grievance proceeding that he had entered the principal’s office to search for employee information, had searched through the principal’s desk draws and filing cabinet, had taken pictures of documents, and had shared those documents with law enforcement. Respondent proved Grievant violated Respondent’s policy and that his misconduct constituted insubordination, willful neglect of duty, and immorality. Grievant failed to prove that the termination was invalid due to process failures, that the termination was discriminatory or retaliatory, that he was entitled to an improvement period, or that the discipline should be mitigated. Accordingly, the grievance is denied.
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