Database Search Result Details

First Name MARTHA
Last Name GREEN
Decision Date 3/20/1987
Docket Number 20-86-363-1
ALJ LC
Respondent KANAWHA COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title BUS OPERATOR
Topics SUSPENSION
Primary Issues Willful neglect of duty
Outcome GRANTED
Statutes 18A-2-8
Related Cases COOK V. LOGAN CB, 23-86-112
Keywords WILLFUL NEGLECT OF DUTY
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis 18A-2-8 authorizes suspension for stated causes but the grounds must be proven by a preponderance of the evidence. Evidence was insufficient as a matter of law to support the charges. G failed to prove discipline was in retaliation or harassment for filing prior grievances. G expelled three students from her bus and they then alleged she had committed a number of traffic violations and other matters. G testified and three other students who rode on her bus testified. The evidence was conflicting and the evidence relied upon was contradictory and unreliable. Willful neglect of duty was not proven.

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