711 S.E.2d 595
W. Va.2011Background
- Darby was employed as a school bus driver for Kanawha County Board of Education.
- During 2007-2008 his route served Herbert Hoover High School; A.J., a 17-year-old student, began riding his bus in Spring 2008.
- A.J. repeatedly contacted Darby by phone; Darby said he tried to help her with personal problems, and denied a sexual relationship.
- In June 2008 a parent complained; BOE terminated Darby in December 2008 for alleged sexual harassment with A.J.
- At Level III, the examiner found a friendship existed but could not definitively prove a sexual relationship; ordered reinstatement with back pay.
- BOE appealed; circuit court reversed, reinstating termination; this Court reversed the circuit court and reinstated the examiner’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden of proof applied by the ALJ | Darby contends the ALJ applied the wrong standard. | BOE contends the circuit court correctly corrected the burden. | ALJ used proper burden; circuit court erred. |
| Deference to credibility determinations | Circuit court improperly substituted its credibility findings for the ALJ’s. | Board relies on the record to support reversal. | Circuit court erred; ALJ credibility determinations were supported and should be respected. |
Key Cases Cited
- Cahill v. Mercer County Bd. of Educ., 208 W.Va. 177 (2000) (credibility deferential review; reasoned analysis required)
- Randolph County Bd. of Educ. v. Scalia, 182 W.Va. 289 (1989) (final order not reversed absent clear error in findings)
- Martin v. Randolph County Bd. of Educ., 195 W.Va. 297 (1995) (de novo review of law; defer to ALJ on factual findings)