CHARLESTON — The West Virginia Supreme Court ruled that the state's Public Employees Grievance Board rightfully denied a grievance from a school teacher.
Bonita Redd worked as a teacher at Welch Elementary School and on June 3, 2019, the elementary school principal prepared her 2019 year-end summative performance evaluation and discussed the evaluation with her, according to the May 12 Supreme Court decision.
The principal gave Redd an average rating of “emerging,” for the 18 categories regarding petitioner’s teaching performance, which were: “accomplished” in one category, “emerging” in 15 categories, and “below standard” in two categories.
The two “below standard” ratings were for “policy and procedure” and “respect” and were due to an incident that occurred at a May 30, 2019, awards assembly.
At the awards assembly, Redd participated with her third- and fourth-grade students and while presenting the students with awards, Redd addressed four of her highest achieving students regarding their difficult and talkative behavior throughout the school year.
"Petitioner told the students that they always had to get the last word but that she would get the last word that day," the decision states. "Petitioner also asked the mother of one of the students if the student was equally difficult at home. Petitioner’s remarks embarrassed the students and offended at least one of their parents, who complained about petitioner’s conduct."
Neither the principal nor the board of education disciplined Redd because of her comments at the awards assembly and the two "below standard" markings did not affect the summative “emerging” rating the principal provided for the petitioner’s 2019 year-end summative performance evaluation, according to the decision.
However, on June 24, 2019, Redd filed a grievance with the Grievance Board, challenging the “below standard” ratings and after a Level I hearing on July 11, 2019, the grievance was denied. The parties participated in mediation during the Level II grievance proceeding that was not successful and after that, the parties appeared at a Level III hearing before the Grievance Board on Nov. 5, 2020.
The Grievance Board denied the grievance and Redd then appealed to the Kanawha Circuit Court, which affirmed the denial of the grievance. Redd then appealed to the Supreme Court.
"We find that petitioner’s arguments have never been well-organized or clearly stated at any level of this case," the Supreme Court decision states. "In its January 19, 2021, order, the Grievance Board found that petitioner had abandoned several issues by 'not providing any evidence [to support those issues] or even mentioning them during the [Level III] hearing or in her [proposed findings of fact and conclusions of law].'
The Supreme Court affirmed the circuit court's order to affirm the grievance board's order.
West Virginia Supreme Court of Appeals case number: 21-0635