Crow v. Wayne County Board of Education

599 S.E.2d 822, 215 W. Va. 399, 21 I.E.R. Cas. (BNA) 730, 2004 W. Va. LEXIS 46
CourtWest Virginia Supreme Court
DecidedJune 17, 2004
Docket31626
StatusPublished
Cited by1 cases

This text of 599 S.E.2d 822 (Crow v. Wayne County Board of Education) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crow v. Wayne County Board of Education, 599 S.E.2d 822, 215 W. Va. 399, 21 I.E.R. Cas. (BNA) 730, 2004 W. Va. LEXIS 46 (W. Va. 2004).

Opinions

PER CURIAM.

This is an appeal by Max Crow and Gary Wroblewski from a decision of the Circuit Court of Kanawha County in a school teacher grievance case. The appellants, who were ordered to perform duties which they claimed were non-professional and outside the scope of their job definitions, filed grievances with the Wayne County Board of Education. Those grievances were denied at the administrative level, and the Circuit Court of Kanawha County affirmed the denials. On appeal, the appellants claim that the Wayne County Board of Education illegally modified their employment responsibilities and that their grievances should be granted. They also claim that the Wayne County Board of Education has taken retaliatory action against them. They pray that this Court order that they be restored to their former teaching positions, and that the Wayne County Board of Education be directed to desist from further retaliatory action.

I.

FACTS

The appellant, Max Crow, is a certified math teacher, and the appellant, Gary Wrob-lewski, is a certified social studies and special education teacher. Both held teaching positions at the Wayne County Alternative Education Center during the 2000-2001 school year.

In March 2001, the Wayne County Board of Education, which had determined that school bus aides needed to accompany students on school buses going to and from the Wayne County Alternative Education Center, requested that the appellants either agree to ride school buses daily, in addition to performing them teaching duties, or that they be placed on the teacher transfer list.

The appellants refused to accept the additional duties, and they were placed on the teacher transfer list. Additionally, the Wayne County Board of Education modified the job descriptions for the appellants’ 2001-2002 positions to require the holders of the positions in the future to serve as school bus aides or chaperones.

The appellants, who did not apply for the modified positions, were transferred from the Wayne County Alternative Education Center to the Crum Middle School. Shortly thereafter, . however, they were transferred back to their former positions, as modified, at the Wayne County Alternative Education Cen[401]*401ter. The transfer included the requirement that they perform school bus aide duties.

Following their transfer back to the Wayne County Alternative Education Center, the appellants filed grievances in which they claimed that school bus aide duties were outside the professional teacher duties for teachers as prescribed by West Virginia law. They also, in essence, claimed that the school bus aide duties were service personnel duties. They took the position that it was improper for the Wayne County Board of Education to require them to perform service personnel duties, in addition to professional teaching duties, without their consent.

The appellants’ grievances were denied at the administrative levels. The administrative law judge who ultimately considered the ease recognized that a school bus aide was normally in the service personnel category, but went on to conclude that the joinder of aide duties with the appellants’ professional responsibilities was proper and that any error committed by the school board was harmless.

The appellants appealed the administrative law judge’s decision to the Circuit Court of Kanawha County.

While the appeal was pending in the circuit court, the appellants claimed that the Wayne County Board of Education took retaliatory action against them. They stated that they were reprimanded for filing grievances and that they were instructed to discuss only “appropriate topics” and not grievances and “disgruntled” issues. They also claimed that they were subjected to dress codes and other conditions not applicable to other teachers. Finally, they asserted that they had received unsatisfactory performance evaluations in sharp contrast to what they had received before they filed their grievances. On October 29, 2002, the appellants moved that the circuit court enjoin or issue a writ of mandamus prohibiting further retaliatory action.

On March 18, 2003, the circuit court, without ruling on the motion to enjoin or prohibit retaliatory action, affirmed the denial of the appellants’ grievances.

The appellants now appeal from the circuit court’s decision claiming that the joinder of school service personnel duties to their professional teaching duties without their consent was inappropriate and that the circuit court erred in holding that it was appropriate. They also claim that the circuit court erred in ruling in their case without ruling on their motions to enjoin or prohibit retaliatory action.

II.

STANDARD OF REVIEW

Recently, in Syllabus Point 1 of Cahill v. Mercer County Board of Education, 208 W.Va. 177, 539 S.E.2d 437 (2000), this Court stated:

Grievance rulings involve a combination of both deferential and plenary review. Since a reviewing court is obligated to give deference to factual findings rendered by an administrative law judge, a circuit court is not permitted to substitute its judgment for that of the hearing examiner with regard to factual determinations. Credibility determinations made by an administrative law judge are similarly entitled to deference. Plenary review is conducted as to the conclusions of law and application of law to the facts, which are reviewed de novo.

Additionally, in W. Va.Code 18-29-7, the Legislature has indicated that the decision of a hearing examiner should be final unless it is contrary to the law or that the hearing examiner acted in excess of his statutory authority, or that the decision was a result of fraud or deceit, or was clearly wrong in view of the probative and substantial evidence in the record as a whole, or, finally, was arbitrary, capricious or characterized by an abuse of discretion or by a clearly unwarranted exercise of discretion.

III.

DISCUSSION

As has previously been indicated, the appellants claim that the Circuit Court of Kanawha County wrongfully merged school service personnel duties into their school teaching positions.

[402]*402West Virginia Code 18A-l-l(a) specifically provides that: “School personnel shall be comprised of two categories: Professional personnel and service personnel.” The two types of personnel are defined in different ways. Professional personnel are described as persons who meet certification requirements of the state or licensing requirements of the state, or both, and include professional educators or other professional employees. It is also states that “professional educators” has the same meaning as teacher as defined by the Code. W. Va.Code 18A-l-l(b) and (e). “Service personnel,” on the other hand, are defined by W. Va.Code 18A-l-l(e), which states: “ ‘Service personnel’ means those who serve the school or schools as a whole, in a nonprofessional capacity, including such areas as secretarial, custodial, maintenance, transportation, school lunch and as aides.”

In Martin v. Randolph County Board of Education, 195 W.Va. 297, 465 S.E.2d 399 (1995), this Court analyzed West Virginia’s school personnel classification scheme.

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Related

Crow v. Wayne County Board of Education
599 S.E.2d 822 (West Virginia Supreme Court, 2004)

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Bluebook (online)
599 S.E.2d 822, 215 W. Va. 399, 21 I.E.R. Cas. (BNA) 730, 2004 W. Va. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crow-v-wayne-county-board-of-education-wva-2004.