Database Search Result Details

First Name Anne Marie
Last Name Woart
Decision Date 9/22/2021
Docket Number 2021-2181-MerED
ALJ CHL
Respondent Mercer County Board of Education
Employment Type PROF
Job Title Teacher
Topics Suspension; Termination
Primary Issues Whether Respondent’s decision to terminate Grievant’s employment contract was justified.
Outcome Denied
Statutes W.Va. Code St. R. § 156-1-3 (2018); W. Va. Code §18A-2-8
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Beverlin v. Bd. of Educ., 158 W. Ca. 1067, 216 S.E.2d 554 (1975); Graham v. Putnam County Bd. of Educ., Docket No. 99-40-206 (Sep. 30, 1999); Allen v. Monroe County Bd. of Educ., Docket No. 90-31-021 (July 11, 1990); Duruttya v. Mingo County Bd. of Educ., Docket No. 29-88-104 (Feb. 28, 1990); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (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); Golden v. Bd. of Educ., 169 W. Va. 63, 67, 285 S.E.2d 665, 668 (1981); Kennard v. Tucker County Bd. of Educ., Docket No. 01-47-591/628 (Mar. 12, 2002); Snodgrass v. Wetzel County Bd. of Educ., Docket No. 97-52-384 (Dec. 15, 1997); Harry v. Marion County Bd. of Educ., 203 W. Va. 64, 506 S.E.2d 319 (1998); Hayes v. Kanawha County Bd. of Educ., Docket No. 94-20-1143 (June 28, 1995); Youngman v. Doerhoff, 890 S.W.2d 330 (Mo. 1994); Kennard v. Tucker County Bd. of Educ., Docket No. 01-47-591/628 (Mar. 12, 2002); Wahl v. Mineral County Bd. of Educ., Docket No. 98-28-175 (Sep. 14, 1998); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009)
Keywords Suspension; Termination; Immortality; Immoral Conduct; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Spanish teacher. Respondent suspended Grievant, then subsequently terminated her contract of employment, citing charges of insubordination and immorality, as well as a violation of the Mercer County Schools Policy G-24. Grievant denies all of Respondent’s allegations and asserts that mitigation of her dismissal is warranted. Respondent met its burden of proving that Grievant’s actions constitute insubordination and that such justifies its decision to suspend, and subsequently terminate, Grievant’s employment contract. Grievant failed to present sufficient evidence to demonstrate that mitigation is warranted. Respondent failed to prove its claims of immorality and that Grievant violated Policy G-24. Accordingly, the grievance is DENIED.

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