Database Search Result Details

First Name Daniel
Last Name Miles
Decision Date 7/31/2023
Docket Number 2023-0116-CabEd
ALJ LRB
Respondent Cabell County Board of Education
Employment Type PROF
Job Title Classroom Teacher
Topics Suspension
Primary Issues Whether suspension was proper while criminal charges were pending against Grievant and his teaching license was suspended .
Outcome Denied
Statutes West Virginia Code sections: 18A-2-8,18A-2-8(c),18A-2-8(d)18A-3-6, 18A-3-6(b), 61-B-9(a), 61-8D-5
Related Cases Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Hays v. Hampshire County Bd. of Educ, Docket No. 03-14-327 (Jan. 30, 2004); Clark v. Kanawha County Bd. of Educ., Docket No. 2011-0987-KanED (Aug. 17, 2011); Blaney v. Wood County Board of Educ., Docket No. 03-54-169 (Jan. 16, 2004); Hicks v. Monongalia County Bd. Of Educ., Docket No. 04-30-183 (Aug. 13, 2004); Dobbins v. Nicholas County Bd. of Educ., Docket No. 04-34-396 (Mar. 9, 2005); Adkins v. Cabell County Board of Education, Docket No. 2012-0085-CabED (Apr. 26, 2012); Meadows v Nicholas County Bd. of Educ., (Dec 19, 2012); Adkins v. Cabell County Bd. of Educ., Docket No. 2012-0085-CabED (Apr. 26, 2012) Also see Dobbins v. Nicholas County Bd. of Educ., Docket No. 04-34-396 (Mar. 9, 2005); Hicks v. Monongalia County Bd. of Educ., Docket No. 04-30-183 (Aug. 13, 2004); Blaney v. Wood County Bd. of Educ., Docket No. 03-54-169 (Jan. 16, 2004); Balis v. Braxton County Bd. of Educ., Docket No. 98-04-094 (Jan. 22, 1999); Hurley v. Logan County Bd. of Educ., Docket No. 97-23-024 (Apr. 14, 1997); Hicks v. Monongalia County Bd. of Educ., Docket No. 04-30-183 (Aug. 13, 2004); (Clark v. Kanawha County Bd. of Educ., Docket No. 2011- 0987-KanED (Aug. 27, 2011); Blaney v. Wood County Bd. of Educ., Docket No. 03-54-169 (Jan. 16, 2004); Hurley v. Logan County Bd. of Educ., Docket No. 97-23-024 (Apr. 14, 1967); Durst v. Mason County Bd. of Educ., Docket No. 06-26-028R (May 30, 2008); Posey v. Lewis County Bd. of Educ., Docket No. 2008-0328-LewED (July 25, 2008); Jones v. Fayette County Bd. of Educ., Docket No. 2009-1075-FayED (Aug. 5, 2009); Mellow v. Jefferson County Bd. of Educ., Docket No. 2010-1397-JefED (Oct. 8, 2010); Miller v. Kanawha County Board of Education, Docket No. 2015-0214-KanED (May 29, 2015); Lemery v. Monongalia County Bd. of Educ., Docket No. 91-30-477/494 (Apr. 30, 1992); Kitzmiller v. Harrison County Bd. of Educ., Docket No. 13-88-189 (Mar. 31, 1989) (citing Brown v. Dept. of Justice, 715 F.2d 662 (D.C. Cir. 1983)
Keywords Suspension, Criminal Charges, Liberty Interest, Property Interest, Teaching License
Intermediate Court of Appeals Grievant appealed 9/8/23 No. 23-ICA-393; dismissed for failure to perfect appeal 12/6/23
Circuit Court
Supreme Court
Synopsis Grievant alleges that his suspension without pay was unjust, unsupported by facts, and the result of Respondent's failure to follow Federal Title IX Statute and Cabell County Board of Education (CCBE) Policy. Respondent, CCBE, argued that its actions were proper and in accordance precedent which recognizes and provides for suspension without pay predicated on pending criminal charges. Grievant maintains Respondent violated Grievant's liberty and property interest by failing to follow identifiable policy and failing to follow procedure, which allegedly would have prevented the course of events that led to criminal charges and Grievant's suspension. Grievant proposes that the student(s) accusations - if taken as true - do not meet the definition of sexual in nature. Respondent did not treat Grievant differently than similarly situated employees. If there are allegations of any inappropriate sexual touching, police are notified as required by the West Virginia State Code. e.g., see W. Va. Code §49-2-803; also see W. Va. Code §18A-2-8. Respondent is authorized to suspend, place the affected employee on administrative leave, or reassign the employee to duties that do not require direct interaction with students. W. Va. Code §18A-2-8(c). It is the sole and exclusive discretion of the school district coupled with reasonableness whether such employee is suspended, placed on leave (paid of unpaid), or reassigned. Respondent is not required to reassign Grievant during the pendency of the criminal charges. Respondent established by a preponderance of the evidence proper grounds for its agents' actions, which include suspension with and without pay. Similarly, Respondent established that the decision to move Grievant from paid administrative leave to unpaid suspension was within its discretion. It is proper to suspend Grievant without pay pending the resolution of the criminal charges with which Grievant has been charged. In addition to Respondent's actions, Grievant's license was suspended by the West Virginia Department of Education; thus, Grievant is currently ineligible to teach. W. Va. Code §18A-3-6(b) Grievant has not established by a preponderance of the evidence that Respondent's actions were unlawful. Accordingly, this grievance is DENIED.

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