| First Name | Jason |
| Last Name | Vannoy |
| Decision Date | 9/18/2024 |
| Docket Number | 2024-0479-KanED |
| ALJ | LKB |
| Respondent | Kanawha County Board of Education |
| Employment Type | PROF |
| Job Title | Special Education Teacher |
| Topics | Disciplinary; Non-Disciplinary Employment Actions |
| Primary Issues | Whether Grievant willfully neglected his duties and engaged in cruelty toward a student when he unnecessarily and forcefully restrained the student in violation of the CPI model and county policy. |
| Outcome | Denied |
| Statutes | W. VA. CODE ST. R. § 156-1-3 (2018); W. VA. CODE § 18A-2-8(a) (2024); W. VA. CODE § 18A-2-8(d) (2024); |
| Related Cases | 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); Syl. Pt. 4, Maxey v. McDowell County Bd. Of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Syl. Pt. 2, Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Syl. Pt. 3, Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Lancaster v. Ritchie Cnty. Bd. of Educ., 2016 WL 2979245 (W. Va., No. 15-0554, May 23, 2016) (memorandum decision); Williams v. Cabell County Bd. of Educ., Docket No. 95-06-325 (Oct. 31, 1996); Jones v. Mingo County Bd. of Educ., Docket No. 95-29-151 (Aug. 24, 1995); Hoover v. Lewis County Bd. of Educ., Docket No. 93-21-427 (Feb. 24, 1994); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997); Bailey v. Kanawha County Bd. of Educ., Docket No. 2011-0070-KanED (Aug. 2, 2011); Powell v. Hardy County. Bd. of Educ. Docket No. 04-16-412 (April 4, 2005); Sinsel v. Harrison County. Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Slack v Morgan County Bd of Educ., Docket No. 91-03-268 (July 13, 1991); Adkins v. Cabell County Bd. of Educ., Docket No. 89-06-656 (May 23, 1990) |
| Keywords | Termination; Improvement plan; Training |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by Respondent as a special education teacher in a self-contained autism classroom. Grievant filed this grievance directly to Level Three, as permitted by West Virginia Code § 6C-2-4(a)(4), following his termination for willfully neglecting his duties and cruelty toward a student. Grievant requested that Respondent reinstate his employment and provide him additional training to allow him an opportunity to improve. Respondent met its burden of proof by a preponderance of the evidence that Grievant was willfully neglectful of his duties and engaged in cruelty toward a student when he unnecessarily and forcefully restrained the student in violation of the CPI model and county policy. Accordingly, the grievance is DENIED. |