details - Public Grievance Board

First Name	Travis
Last Name	Wells
Decision Date	3/14/2023
Docket Number	2023-0143-MonED
ALJ	RLR
Respondent	Monongalia Board of Education
Employment Type	PROF
Job Title	Teacher
Topics	Dismissal; Termination
Primary Issues	Whether Grievant’s conduct was correctable, and whether Respondent was entitled to take disciplinary action against Grievant.
Outcome	Denied
Statutes	West Virginia Code St. R. § 126-162-4; W. VA. CODE § 18A-2-8; W. Va. Code § 18A-2-8a(d)
Related Cases	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); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 688, 575 S.E.2d 278 (2002); Dalton v. Monongalia County Bd. of Educ., Docket No. 2010-1607-MonED (Nov. 23, 2010); Wells v. Upshur County Bd. of Educ., Docket No. 2009-1714-UpsED (May 6, 2011)
Keywords	Termination; Unprofessional Conduct; Employee Code of Conduct; Correctable Conduct; Improvement Plan Conduct; Correctable Conduct; Improvement Plan Conduct; Correctable Conduct; Improvement Plan
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed by Respondent as a science teacher at University High School until his termination on August 9, 2022. Grievant was terminated because his conduct was unprofessional and in violation of the Employee Code of Conduct. Respondent also alleged that Grievant’s conduct jeopardized the health, safety, and welfare of students. Respondent has met its burden of proof that the termination of Grievant’s contract was justified by the undisputed facts of this case resulting in a clear violation of the Employee Code of Conduct. The record demonstrated that Grievant’s conduct was not correctable and that he was not entitled to a second improvement plan. Accordingly, this grievance is denied.

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