Database Search Result Details
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First Name
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John
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Last Name
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Williams
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Decision Date
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9/14/2022
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Docket Number
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2022-0403-KanED
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ALJ
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BTC
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Respondent
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Kanawha County Board of Education
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Employment Type
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SERV
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Job Title
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Aide
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved Grievant’s conduct was willful, not correctable, and that it was justified in terminating 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 § 18A-2-12a
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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); Bd. of Educ. of the County of Gilmer v. Chaddock, 183 W.Va. 638, 640, 398 S.E.2d 120, 122 (1990); Fox v. Bd. of Educ. of Doddridge County, 160 W.Va. 668, 672, 236 S.E.2d 243, 246 (1977); Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732 (W. Va. 1980)
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Keywords
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Termination; Willful Neglect of Duty; Unsatisfactory Performance; Unexcused Absences; Improvement Plan; Correctable Conduct; Arbitrary and Capricious; 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 an Aide/Autism Mentor. Grievant’s employment was terminated for willful neglect of duty and unsatisfactory performance for failure to follow Respondent’s attendance policy. Respondent proved Grievant’s conduct was willful, not correctable, and that it was justified in terminating Grievant’s employment. Grievant failed to prove mitigation of the termination of his employment was warranted. Accordingly, the grievance is denied.
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