ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

conducted for the school system and a discrepancy was noted in the expense charges and the
expense requests that Rovello had filed. The amount of his request was significantly lower than
the charge the board paid, which included a room for two, wine, and a membership of some sort.
The only item that had been previously requested was a room for one. The business manager
investigated and found that Rovello had paid the district back for the wine and the membership.
Rovello further explained that he understood that the board would pay for one person to
accompany an employee on a trip, which Rovello’s girlfriend did on this trip. The business
manager reported this with all of his findings in the audit in January 1986.
On January 20, 1986, Rovello was suspended with pay for 30 days pending a hearing to
determine the status of his contract. Rovello was charged with a “deliberate misuse of funds,”
and had a private hearing with the superintendent where he was allowed to respond to the
charges. On February, 19, 1986, and following the superintendent’s presentation, the board voted
unanimously to terminate Rovello’s contract.
Rovello filed a grievance with the West Virginia Education Employee’s Grievance
Board, which was heard in April 1986. Two principals were called as witnesses by the board.
Their testimony refuted Rovello’s understanding of the board’s policy about guest expenses
being paid for by the board. The hearing examiner, following all testimony, ruled that the board’s
decision was valid and that Rovello was guilty of “immorality by misusing school funds.”
Rovello appealed to the Circuit Court of Lewis County where the hearing examiner’s ruling was
affirmed. This appeal followed.
Issues: (1) Was the termination of Rovello barred by doctrines of res judicata and
collateral estoppel? (2) Was Rovello entitled to an “improvement period” prior to termination?
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