CHARLESTON — The Intermediate Court of Appeals of West Virginia ruled that Putnam County Board of Education had the right to fire a bus driver they discovered was using her cellphone while operating a bus.
Debra Shantie filed an appeal against the decision of the Kanawha Circuit Court, which reversed the West Virginia Public Employees Grievance Board's decision to terminate her employment with the Putnam County Board of Education, according to a decision by the court on Dec. 15.
In the decision, Chief Judge Daniel W. Greear and Judges Thomas E. Scarr and Charles O. Lorensen all concurred.
The central issue is whether the circuit court erred in reinstating the termination.
Shantie had been employed as a full-time bus operator by the Board of Education since April 12, 2000, until her termination on May 11, 2020. The termination resulted from an investigation into her alleged use of a cellphone while operating the school bus, along with other policy violations, including speeding, failing to follow traffic laws and not observing safety protocols.
The Board of Education argued that Shantie's conduct, especially her cellphone use, jeopardized the safety of students and the public, constituting insubordination and willful neglect of duty, according to the decision.
The Grievance Board initially sided with Shantie, stating that the policies regarding cellphone use were somewhat vague, and the Board of Education failed to prove insubordination. They acknowledged her cellphone use but concluded it did not violate the policies.
However, the Kanawha Circuit Court disagreed with the Grievance Board, finding that Shantie's conduct was uncorrectable and posed a severe threat to the health, safety and welfare of the passengers and the public.
The court maintained that the plain language of the policy clearly prohibited any cellphone use by Shantie while operating the school bus.
The court also rejected the argument that Shantie's conduct was correctable, emphasizing that distracted driving inherently posed a severe threat to others. The court pointed out that the Board of Education did not need to wait for an accident or injury before taking action to protect students.
The circuit court then reversed the Grievance Board's decision, denying Shantie's grievance and affirming her termination.
On appeal, Shantie argued that the circuit court erred in finding no ambiguity in the term "use" in the policy, according to the decision.
However, the court upheld its decision, asserting that the plain language of the policy prohibited any cellphone use by bus operators. Shantie also contested the court's determination that her conduct was uncorrectable, claiming she was entitled to an improvement plan. The court, however, stood by its analysis, emphasizing the severity of the threat posed by Shantie's distracted driving.
The appellate court affirmed the circuit court's decision, stating that Shantie's conduct was uncorrectable and that the termination was justified based on the threat it posed to the health, safety and welfare of students and the public.
The court found no errors in the circuit court's ruling and upheld the Final Order of October 31, 2022.
Attorneys for the parties declined to comment on the matter.
Intermediate Court of Appeals of West Virginia case number: 22-ICA-287