Database Search Result Details
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First Name
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Deborah
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Last Name
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McKinney
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Decision Date
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11/16/2021
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Docket Number
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2021-2451-TayED
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ALJ
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RLR
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Respondent
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Taylor County Board of Education
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Employment Type
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CB-Professional
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Job Title
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Bus Operator
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved by a preponderance of evidence that Grievant’s conduct was willful neglect of duty justifying dismissal.
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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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Nicholson v. Logan County Bd. of Educ., Docket No. 95-23-129 (Oct. 18, 1995); Landy v. Raleigh County Bd. of Educ., Docket No. 89-41-232 (Dec. 14, 1989); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Bd. of Edu. of the County of Mercer v. Wirt, 192 W. Va. 568, 453 S.E.2d 402 (1994); Martin v. W. Va. State Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989)
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Keywords
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Termination; Willful Neglect of Duty; Due Process; Mitigation; Due Process; Endangering Students’ Safety
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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 dismissed for willful neglect of duty while operating her bus in a manner that endangered students’ safety. Respondent proved that Grievant knowingly endangered students and engaged in willful neglect of duty. Grievant contends that she was denied due process and that her dismissal was too severe a punishment. The record of this case did not support a finding that Grievant was denied her due process rights. In addition, the record did not support mitigation of the discipline imposed by the Board of Education. This grievance is denied.
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