Fox v. Board of Education of Doddridge County

In Fox v. Board of Education of Doddridge County, 160 W. Va. 668, 236 S.E.2d 243 (1977), a case not involving constitutional due process, we were required to determine whether a teacher's unexcused absence from a parent-teacher conference constituted wilful neglect of duty warranting his dismissal. The teacher had been employed with the Doddridge County Board of Education for 23 years. The Court found that the dismissal was not supportable and so reversed. In doing so, we made the following observations: We believe dismissal was not warranted for the simple reason that the punishment does not fit the misdeed. Unexcused absence from those occasions at which attendance is expected may be valid grounds for disciplinary action such as a temporary suspension from teaching responsibilities. But it does not follow that the same recalcitrant conduct calls for permanent banishment of the errant teacher from the school system. Suspension, responsibly exercised, may be a reasonable means of maintaining order and authority over school board employees. Dismissal undoubtedly has therapeutic disciplinary qualities, but we believe that dismissal predicated upon an isolated incident of unexcused absence from a parent-teacher conference is so unduly severe as to be arbitrary and unreasonable. (Fox, 160 W. Va. at 671-72, 236 S.E.2d at 246.) The Court addressed the issue of whether a teacher's unexcused absence from a parent-teacher conference constituted wilful neglect of duty substantiating his dismissal. The Court found that the dismissal was not supportable and reversed the termination decision, reasoning as follows: "We believe dismissal was not warranted for the simple reason that the punishment does not fit the misdeed. Unexcused absence from those occasions at which attendance is expected may be valid grounds for disciplinary action such as a temporary suspension from teaching responsibilities. But it does not follow that the same recalcitrant conduct calls for permanent banishment of the errant teacher from the school system. Suspension, responsibly exercised, may be a reasonable means of maintaining order and authority over school board employees. Dismissal undoubtedly has therapeutic disciplinary qualities. But we believe that dismissal predicated upon an isolated incident of unexcused absence from a parent-teacher conference is so unduly severe as to be arbitrary and unreasonable." (160 W. Va. at 671-72, 236 S.E.2d at 246.)