Database Search Result Details
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First Name
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Connie
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Last Name
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Mize
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Decision Date
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8/5/2021
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Docket Number
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2019-1644-CabED
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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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Principal
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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’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 § 6C-2-3(h)
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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); Allen v. Monroe County Bd. of Educ., Docket No. 90-31-021 (July 11, 1990), aff'd, Kanawha Cnty. Cir. Ct. Civil Action No. 90-AA-134 (Oct. 13, 1992); 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); Bd. of Educ. of the County of Gilmer v. Chaddock, 183 W.Va. 638, 640, 398 S.E.2d 120, 122 (1990); Ellison v. Fayette County Bd of Educ., No. 14-0344 (W. Va. Sup. Ct. of App., August 31, 2015); Woo v. Putnam County Bd. of Education, 202 W. Va. 409, 504 S.E.2d 644 (1998); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Termination; Insubordination; Wilful Neglect of Duty; Safety Protocols; Reprisal; 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 by Respondent as the principal of Meadows Elementary School. Grievant’s employment was terminated for her failure of leadership during a security incident. Respondent proved that Grievant’s failure to follow security protocols and the direction of her supervisor constituted wilful neglect of duty and insubordination. Grievant failed to prove that her termination from employment was retaliatory or that mitigation of the punishment was warranted. Accordingly, the grievance is denied.
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