ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

On July 20, 1979, Totten received another board letter. In lieu of firing, the
superintendent, citing W.Va. Code, 18A-2-8, recommended reassignment to a teaching position
for insubordination and responsibility negligence. After a review of all evidence, the board
determined on August 13, 1979, that reassignment was not warranted but suspended Totten for
15 days. Totten appealed to the Circuit Court of Mingo.
Issues: (1) Did the evidence reviewed and ruled upon by the board on August 13 establish
guilt for Totten?
Holding: The court held that the plaintiff committed an “error in judgment,” and the error
was not significant enough to warrant termination.
Reasoning: In accordance with the court’s past ruling in Beverlin v. Board of Education
(1975), an error in judgment that does not cause egregious injury to any party is not grounds for
termination. Furthermore, the facts of the case are not in dispute. The superintendent directed
Totten to have students at school to which Totten conformed by announcing twice on Friday,
June 8. At no time did the superintendent direct or redirect Totten on this point despite Totten
submitting the bulletin to the superintendent.
Disposition: The case was reversed and remanded to the circuit court.
Citation: LeGalley v. Bronson Community Schools, 127 Mich. App. 482; 339 N.W.2d
223, (1983 Mich. App.).
Key Facts: LeGalley had served as an elementary school principal for 2 years and
possessed tenure in his current position. LeGalley reported that for 2 years he had been denied
raises that his administrative counterparts had received. It is worth noting that the school system
did not employ a collective bargaining agreement. The raises were negotiated on the part of the
administrators and the board. LeGalley further reported that the board was displeased with his
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