Database Search Result Details
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First Name
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Eugene
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Last Name
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Racey
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Decision Date
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12/10/2021
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Docket Number
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2021-2523-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); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002)
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Keywords
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Suspension; Willful Neglect of Duty; Insubordination; 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 she needed someone to work there. Grievant contends the supervisor did not specifically address him or even give an order. Respondent’s witnesses gave conflicting testimony in this regard. Respondent did not prove that Grievant was ordered to go to Seaton Hall and thus failed to prove Grievant was insubordinate, willfully neglected his duty, or compromised student safety. Accordingly, this grievance is GRANTED.
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