Database Search Result Details

First Name Johnny
Last Name Schupbach
Decision Date 7/16/2026
Docket Number 2026-0473-BrooED
ALJ JSF
Respondent BROOKE COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title Physical Education (PE) teacher
Topics termination; compensation
Primary Issues Whether Respondent can prove that Grievant was insubordinate and jeopardized student safety, that his conduct was not correctable, and that his dismissal was justified? Whether Grievant can prove by a preponderance of evidence retaliation, a lack of due process, or that mitigation was warranted?
Outcome DENIED
Statutes W. VA. CODE ST. R. § 126-162-4.2, W. VA. CODE ST. R. § 156-1-3, W. VA. CODE § 6C-2-3(h), W. VA. CODE § 6C-2-2(o);
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. 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), Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002) (per curiam)Sexton v. Marshall Univ., Docket No. BOR2-88-029-4 (May 25, 1988), aff'd, Sexton v. Marshall University, 182 W. Va. 294, 387 S.E.2d 529 (1989). Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); See also Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981). HAROLD J. ASHER & WILLIAM C. JACKSON, REPRESENTING THE AGENCY BEFORE THE UNITED STATES MERIT SYSTEMS PROTECTION BOARD 152-153 (1984). Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997), Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989).” Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995), aff’d, Kanawha Cnty. Cir. Ct. Docket No 95-AA-66 (May 1, 1996), appeal refused, W.Va. Sup. Ct. App. (Nov. 19, 1996). Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)). Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996).” Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997). Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Olsen v. Kanawha County Bd. of Educ., Docket No. 02-20-380 (May 30, 2003), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 03-AA-94 (Jan. 30, 2004), appeal refused, W.Va. Sup. Ct. App. Docket No. 041105 (Sept. 30, 2004). .” Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cooper v. Raleigh County Bd. of Educ., Docket No. 2014-0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA-54 (Jan. 16, 2015). Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732, 739; 274 S.E.2d 435 (1980). Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002)." Waggoner v. Cabell County Bd. of Educ., Docket No. 2008-1570-CabED (Oct. 31, 2008). Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004). ., Syl. Pt. 6, 215 W. Va. at 275, 599 S.E.2d at 698 (citing Syl. Pt. 4, Frank's Shoe Store v. Human Rights Comm’n, 179 W. Va. 53, 365 S.E.2d 251 (1986); Syl. Pt. 1, Brammer v. Human Rights Comm’n, 183 W. Va. 108, 394 S.E.2d 340 (1990); Syl. Pt. 10, Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995)). Mace v. Pizza Hut, Inc., 180 W.Va. 469, 377 S.E.2d 461, 464 (1988); see also Shepherdstown Volunteer Fire Department v. State ex rel. West Virginia Human Rights Commission, 172 W.Va. 627, 309 S.E.2d 342 (1983). Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 156, 241 S.E.2d 164, 166 (1977). Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 283, 332 S.E.2d 579, 583 (1985) Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 [84 L. Ed. 2d 494, 105 S. Ct. 1487] (1985).” Syl. Pt. 3, Fraley v. Civil Serv. Comm'n, 177 W. Va. 729, 730, 356 S.E.2d 483, 484 (1987). See Nickerson v. City of Anacortes, 45 Wash. App. 432, 441, 725 P.2d 1027, 1032 (1986).” Fraley, 177 W. Va. at 733, 356 S.E.2d at 487.
Keywords Dodgeball, "agility ball," Physical Education ("PE"), student games, injury, gun, directive, hat, suspension, termination, Policy 3141, 20, WVDE Policy 5902, social media, insubordination, credibility
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Respondent dismissed Grievant for insubordination and jeopardizing student safety after he actively participated in a student game despite being directed to stop. Grievant claims he was never told not to actively participate and did not jeopardize student safety, implying his conduct is correctable and warrants mitigation, and contends his dismissal was retaliatory and that he was deprived of due process. Respondent proved Grievant was insubordinate and jeopardized student safety, that his conduct was not correctable, and that his dismissal was justified. Grievant failed to prove retaliation, a lack of due process, or that mitigation was warranted. Hence, this grievance is DENIED.

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