Database Search Result Details
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First Name
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Rebecca
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Last Name
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Compton
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Decision Date
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12/10/2021
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Docket Number
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2021-2522-BOE
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ALJ
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JSF
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Respondent
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Board of Education/Schools for the Deaf and the Blind
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Employment Type
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PROF
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Job Title
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Residential Care Specialist
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Topics
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Suspension
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Primary Issues
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Whether Respondent proved that Grievant’s suspension was justified.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 156-1-3; W. Va. Code § 18-17-8; W.Va. Code St. R. § 126-162-4.2.3 (2002)
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Related Cases
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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); 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)
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Keywords
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Suspension; Willful Neglect of Duty; Insubordinate; Failure to Maintain a Safe Environment
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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 is employed by the West Virginia Board of Education at West Virginia Schools for the Deaf and the Blind. Grievant was suspended for not going to Seaton Hall after a supervisor said, “I need someone” to work there. Respondent did not prove this constituted an order and thus failed to prove Grievant was insubordinate, willfully neglected her duty, or compromised student safety. As such, this grievance is GRANTED.
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