Darby v. Kanawha County Board of Education
Annotate this CaseJonathan Darby, who was employed by Kanawha County Board of Education (BOE) as a school bus driver, was terminated when the BOE concluded that Darby had violated the BOE's sexual harassment policy. Darby appealed his termination. After considering the evidence, the West Virginia Public Employees Grievance Board hearing examiner ordered the BOE to reinstate Darby to his previous position. The BOE appealed. The circuit court reversed, determining that the hearing examiner held the BOE to the wrong burden of proof. Darby appealed. The Supreme Court reversed, holding (1) the hearing examiner used the proper burden of proof in weighing the evidence; and (2) the circuit court improperly exceeded its scope of review, failed to give proper deference to the hearing examiner's factual findings, and wrongly substituted its own judgment on the credibility of the witnesses for that of the hearing officer.
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