Database Search Result Details
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First Name
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DON
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Last Name
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WILLIAMS
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Decision Date
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3/12/1987
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Docket Number
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44-86-160-1R
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ALJ
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LC
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Respondent
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ROANE 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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TEACHER, FOOTBALL COACH
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Topics
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DISMISSAL, COMPENSATION
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Primary Issues
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Open and Honest Evaluation and Right to Participate in Improvement Plan
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Outcome
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GRANTED
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Statutes
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18A-2-8, 18A-2-7, 18A-4-16
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Related Cases
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PETRY V. KANAWHA COUNTY; BURDETTE V. SUMMERS
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Keywords
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INSUBORDINATION, WILLFUL NEGLECT, INCOMPETENCY, PRETERMINATION HEARING; OPEN EVALUATION; CORRECTABLE;
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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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This grievance results from a previous decision issued by this Board on 8/8/86 which addressed the procedural defect that the school board did not afford grievant a hearing on the termination of the coaching contract as required by W.Va. Code 18A-2-7. The Circuit Court remanded the decision to Level IV for a decision on the merits. The cases retained the same docket nos. Gr was dismissed from his coaching duties on the grounds of insubordination, willful neglect of duty and incompetency. Grievant had no input into the negative evaluation(s) and plan of improvement and was not given the opportunity to improve as required by Policy 5300 and 5310 and was not given the benefit of those areas of alleged deficiencies which he had corrected or resolved. Most, if not all, of these deficiencies had been corrected either before the plan of improvement or shortly thereafter but were nonetheless used as the basis for the dismissal as current offenses. Grievance granted: grievant was not afforded an 'open and honest' evaluation and was not afforded an adequate opportunity to improve or given the benefit of the improvements he had made. The evaluation and improvement plan process utilized was arbitrary and violative of Policy 5300 and 5310.
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