Holland, v. Board of Education of Raleigh County
In Holland, v. Board of Education of Raleigh County, 174 W.Va. 393, 327 S.E.2d 155 (1985), the Court attempted to reconcile the statutory and policy requirements, as they relate to charges of insubordination, reasoning as follows:
"Clearly, a charge of "insubordination" is a charge of prior misconduct. Therefore, Policy No. 5300(6)(a), as construed by this Court in Syllabus Point 3 of Trimboli, should have been followed. As we noted in Syllabus Point 4 of Mason County Board of Education v. State Superintendent of Schools, supra, it is the conduct forming the basis for action and not the label placed on such action that is determinative. The superintendent admitted several times at the transfer hearings before the Board that Policy No. 5300(6)(a) was applicable, but he maintained that its observance was the responsibility of the Board."
(174 W. Va. at 395, 327 S.E.2d at 157.)