Butts v. Higher Education Interim Governing Board Shepherd College
In Butts v. Higher Education Interim Governing Board Shepherd College, 569 S.E.2d 456, 2002 WL 1334483 (W.Va. 2002), the Court recognized that "case law which defines 'insubordination' in the college or public school context is rather meager."
The Court examined the issue of insubordination in the context of teachers in higher education and explained:
"For there to be "insubordination," the following must be present: (a) an employee must refuse to obey an order (or rule or regulation); (b) the refusal must be wilful; and (c) the order (or rule or regulation) must be reasonable and valid. This proposition is supported by the many cases cited in the annotation." Id.