ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Citation: Totten v. Board of Education of the County of Mingo, 171 W. Va. 755; 301
S.E.2d 846, (1983 W. Va.).
Key Facts: Following 15 years of service as a teacher, W. C. Totten was hired as the
Kermit High School principal in 1976. Nearing the conclusion of the 1978-1979 school year,
Totten set about creating a “closing bulletin,” which was a letter that was to aid the teachers in
properly wrapping up all end-of-year procedures. During a June 6 faculty meeting, Totten and
his faculty decided that report cards would be distributed on Friday, June 8. Totten sent a copy of
the school closing bulletin to the superintendent with all applicable dates and procedures and
asked for redirection if necessary.
The following day, Totten was contacted the by the board superintendent who was
concerned by rumors from other schools that the high school year ended on Friday. The
superintendent directed Totten that Monday, June 11, and Tuesday, June 12, were both regular
school days. There was no discussion of the report card issue date. On Friday, June 8, Totten
made two announcements that June 11 and 12 were regular school days and attendance was
expected. Report cards were also issued at the end of the day on Friday, June 8. Not surprisingly,
only a small percentage of high school students attended school on the two aforementioned
dates.
On June 15, Totten received notification from the board that his contract was terminated
effective June 30, 1979, per the superintendent’s recommendation. The same letter detailed that a
meeting would be held on June 22 upon the employee’s request. At the meeting, Totten’s
counsel argued that proper procedures had not been followed. The board acknowledged this and
rescinded the termination vote.
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