Database Search Result Details
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First Name
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Henry
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Last Name
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Nearman
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Decision Date
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6/12/2024
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Docket Number
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2023-0569-KanED
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ALJ
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WHW
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Respondent
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Kanawha County Board of Education
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Employment Type
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PROF
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Job Title
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Principal
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Topics
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Non-Disciplinary Employment Actions
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Primary Issues
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Whether Respondent was justified in placing Grievant on a corrective action plan for failing to follow established procedures.
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2018)
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Related Cases
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Ferrell and Marcum v. Reg’l Jail and Corr. Facility Auth./W. Reg’l Jail, Docket No. 2013-1005-CONS (June 4, 2013); Baker v. Fayette County Bd. of Educ., Docket No. 94-10- 427 (Jan. 24, 1995); Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Leichliter v. W. Va. 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); Beckley v. Lincoln County Bd. of Educ., Docket No. 99-22-168 (Aug. 31, 1999); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Burgess v. Div. of Highways, Docket No. 2019-0576-DOT (Nov. 22, 2019)
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Keywords
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Improvement period
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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 Respondent as a Principal at Ruffner Elementary School. Grievant grieved being placed on a Corrective Action Plan (“CAP”) for mishandling funds and giving inappropriate direction for addressing a student with special needs. Grievant failed to meet his burden to show Respondent arbitrarily and capriciously placed him on a CAP when an investigation revealed 17 findings of noncompliance with Respondent’s manual of financial records for Kanawha County Schools. Grievant also simplified a behavioral plan for a special needs child known to have behavior issues. Accordingly, the grievance is denied.
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