Kerra Layne v. Kanawha County Board of Education
16-0407
| W. Va. | Feb 17, 2017Background
- Kerra Layne, a probationary sign-language interpreter employed by Kanawha County Board of Education beginning January 2014, was observed behaving erratically at Stonewall Jackson Middle School on March 28, 2014.
- Principal Jessica Austin and several employees reported accelerated/restless movements, glassy eyes, rambling/dry speech, stumbling, knocking over items, and an odd smell; Austin completed a Reasonable Suspicion Observation Checklist.
- Austin requested a for-cause drug test; Layne refused, saying she had been advised previously not to take another test; Layne declined to provide medical documentation (scoliosis, anxiety, carpal tunnel) when asked earlier.
- Superintendent suspended Layne without pay and recommended nonrenewal of her probationary contract; Layne filed grievances contesting the drug-test request, suspension without a predetermination hearing, denial of use of the phone to contact counsel, and nonrenewal.
- The Grievance Board upheld the test request and nonrenewal but awarded back pay for eight suspension days that exceeded the 30-day statutory maximum without Board approval; the circuit court affirmed and the Supreme Court of Appeals of West Virginia issued a memorandum decision affirming.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reasonable suspicion justified a for-cause drug test | Layne: her conduct reflected baseline medical/psych conditions (scoliosis, anxiety, carpal tunnel), not impairment; no drastic change from prior behavior | Board: multiple observers and Principal’s firsthand observations showed accelerated, heightened, and extreme symptoms supporting reasonable suspicion | Court: Held Board had reasonable suspicion; Principal’s observations and coworker reports supported test request |
| Whether Layne proved a non-impaired explanation sufficient to defeat reasonable suspicion | Layne: offered medical explanations and cited a prior Grievance Board decision (Lewis) where nervousness explained conduct | Board: Layne failed to produce requested medical documentation; observed motor-impairment-type behavior not explained by claimed conditions | Court: Distinguished Lewis, found Layne failed to prove medical reasons explained observed impairment-like conduct |
| Whether Layne was entitled to a pre-suspension (predetermination) hearing or other due-process protections | Layne: as an employee under contract for the school year, she was entitled to a hearing before suspension without pay | Board: Layne was a probationary employee and statute and precedent treat probationary employees differently; no pre-suspension hearing required | Court: Held no error — probationary status permits suspension without pre-suspension hearing; Layne had opportunities to be heard later and to contest nonrenewal |
| Whether Layne was entitled to use a phone to contact counsel and whether Board’s nonrenewal ratified the unpaid suspension (and related backpay) | Layne: she sought to call her lawyer before test and was denied; Board’s nonrenewal does not equal approval of suspension and different burdens apply | Board: Layne did not specifically request to call counsel or identify a representative as required by statute; nonrenewal hearing considered the suspension and implicitly approved it | Court: Held Board did not violate right to a representative/phone because no affirmative request was made; also held Board’s nonrenewal effectively endorsed suspension and rejected broader backpay claim (other than statutory 8 days) |
Key Cases Cited
- Martin v. Barbour County Board of Education, 228 W. Va. 238, 719 S.E.2d 406 (W. Va. 2011) (standard of appellate review for grievances)
- Cahill v. Mercer County Board of Education, 208 W. Va. 177, 539 S.E.2d 437 (W. Va. 2000) (deference to factual findings and credibility in grievance rulings)
- Shanklin v. Board of Education of County of Kanawha, 228 W. Va. 374, 719 S.E.2d 844 (W. Va. 2011) (review standards for grievance board decisions)
- Randolph County Board of Education v. Scalia, 182 W. Va. 289, 387 S.E.2d 524 (W. Va. 1989) (hearing examiner findings not reversed unless clearly wrong)
- Baker v. Board of Education, County of Hancock, 207 W. Va. 513, 534 S.E.2d 378 (W. Va. 2000) (probationary employees may be treated differently than tenured employees)
- Board of Education of County of Mercer v. Wirt, 192 W. Va. 568, 453 S.E.2d 402 (W. Va. 1994) (due process requirements for tenured employees versus exceptions for dangerous employees)
- Beverlin v. Board of Education of Lewis County, 158 W. Va. 1067, 216 S.E.2d 554 (W. Va. 1975) (standards for review of employment actions as arbitrary or capricious)