Database Search Result Details
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First Name
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WILLIAM
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Last Name
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ROSENBURG
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Decision Date
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8/4/1986
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Docket Number
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34-86-125-1
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ALJ
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LC
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Respondent
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NICHOLAS 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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BUS OPERATOR
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Topics
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SUSPENSION
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Primary Issues
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Immorality; Charges in a Civil Action
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Outcome
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DENIED
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Statutes
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18a-2-8
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Related Cases
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Keywords
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IMMORALITY; NEXUS; SUSPENSION
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #86-MISC-488; Affirmed 7/22/87, Hey
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Supreme Court
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Synopsis
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Grievant was employed as a bus operator and suspended from the position for immorality. The alleged conduct involved an extra marital relationship by Grievant with a 16 year old female student who was transported to and from school by Grievant. The grounds of the suspension were uncovered by the filing of a civil action by the student and her father setting forth allegations of seduction and resulting birth of the child. Grievant was proven to be the biological father of the child. DECISION: The preponderance of the evidence is that Grievant did engage in immoral conduct and the suspension was warranted. Code, 18A-2-8 authorizes a BOE to suspend or dismiss any person in its employment at any time for immorality and such charges must be proven by a preponderance of the evidence. The actions of the Grievant toward the student is 'immoral' conduct warranting suspension or dismissal and is not in conformity with accepted principles of right and wrong and is contrary to the moral code of the community. There is a rational nexus between Grievant's conduct with the student both on and off the job and duties Grievant performed as a bus driver and the interest of the public; hence the school board had a duty to protect the students from exposure to such conduct.
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