Grievant,
v.
CABELL COUNTY BOARD OF EDUCATION,
Respondent.
By agreement of the parties, this case was heard in the first instance at level two. Following the January 7, 2000, level two hearing, Sandra Rupert, the Superintendent's designee, issued a decision on February 1, 2000, denying the grievance. Grievant by- passed level three , and appealed to level four on February 9, 2000, where the matter was submitted on the record. This matter became mature for decision on February 29, 2000, the deadline for the parties' proposed findings of fact and conclusions of law. Grievant was represented by Susan E. Hubbard, West Virginia Education Association, and the Board was represented by Howard E. Seufer, Jr., Esq., Bowles, Rice, McDavid, Graff & Love.
Ex. 1 (1)
Grievant testified in her own behalf. The Board presented the testimony of Mary
Campbell, Kathy Hosaflook, and Linda Curtis.
The material facts in this grievance are not in dispute, and are set forth in the
following findings.
1. Grievant is Health teacher at Cabell-Midland High School, with 18 years
seniority.
2. Bane McCracken is a Physical Education teacher at Cabell-Midland High
School, as well as Department Chair of the Physical Education Department. He has 28
years seniority.
3. In the summer of 1999, Mr. McCracken was invited to attend a listening
session to be conducted by the United States Department of Education. The one-day
session was to be held on September 24, 1999, in Washington, D.C. 4. After learning of the invitation, Mr. McCracken submitted on August 20, 1999,
a Request for Release Day to attend the listening session. The request referred only to
a U.S. Dept. of Ed. forum. It did not describe the session in any more detail. Jt. Ex. 1(2).
5. Mr. McCracken had told the people at the U.S. Department of Education that
Grievant might also be interested in attending the conference.
6. Grievant received an e-mail from Connie Deshpande from the U.S.
Department of Education on August 24, 1999, confirming that Mr. McCracken had
recommended her for the conference, and extending an invitation for Grievant to attend.
Jt. Ex. 1(6).
7. Grievant then submitted a Request for Release Day form on August 25,
1999, to attend the conference. The only information Grievant gave on the form regarding
the purpose of the release request was to attend National Forum. Jt. Ex. 1(4).
8. Both Mr. McCracken and Grievant requested professional release days for
the conference. A professional release day is one in which the teacher still gets paid, as
opposed to a personal release day, in which the teacher is not paid.
9. Release forms are processed by Mary Cambpell, Director of Curriculum.
Upon receiving the release requests from Mr. McCracken and Grievant, Ms. Campbell met
with Kathy Hosaflook, Administrative Assistant over Secondary Schools, to discuss the
requests, and to try to obtain additional information about the conference. They placed a
call to the U.S. Department of Education, and learned the purpose of the session was to
gather information from about 30 people across the country on topical subjects, that no
decisions would be made at this session, and that no follow-up sessions were planned. Concluding that the session would not directly benefit the school system, Ms. Campbell
denied the requests for professional leave.
10. Mr. McCracken and Grievant decided to go ahead and take personal days
in order to attend the conference, once they learned their requests for professional leave
had been denied.
11. On the eve of the conference, on September 23, 1999, Cabell-Midland
Principal Flowers asked Ms. Hosaflook to reconsider the denial of Mr. McCracken's
request. (Ms. Campbell was out of town or out of the office that day). He faxed her a letter
dated September 4, 1999, from Judith Johnson, Acting Assistant Secretary of the U.S.
Department of Education, to Mr. McCracken, personally inviting him to attend the
conference. The letter provided more explicit details of the purpose and nature of the
conference. Jt. Ex. 1(1). In addition, Principal Flowers reminded Ms. Hosaflook of Mr.
McCracken's superb record as a physical education teacher, including winning the
midwest, regional, and national physical education teacher of the year awards.
12. Based on this additional information, and the need for an immediate decision,
Ms. Hosaflook agreed to approve Mr. McCracken for a professional leave day to attend the
conference. She did not reconsider Grievant's request.
13. Release day requests of other teachers to attend conferences have been
denied in situations where another teacher was granted a release day to attend the same
conference.
___________________________________
MARY JO SWARTZ
Administrative Law Judge
Dated: March 20, 2000