CHARLESTON, W.Va. — The West Virginia Supreme Court backed the state school board’s decision to fire Jorea Marple as superintendent. Justices concluded Marple was an at-will employee, subject to the board’s discretion to terminate her.
The board fired Marple in 2012 after two years on the job. Then-president Wade Linger claimed Marple was reluctant to make changes in public education initiated by the board.
“Many members found no sense of urgency in the department to address some of the issues that have been outlined,” Linger said at the time.
Marple sued, arguing the board fired her without offering her due-process protections. However, the high court concluded she was not entitled to them, though it refused to weigh in on the merits of the decision to release her.
“We do not pass judgment, correctness, or fairness of Dr. Marple’s termination,” wrote Justice Menis Ketchum. “The West Virginia Constitution, statutory law, and her employment contract all gave the Board and Mr. Linger discretion to terminate her at their will and pleasure. As a matter of law, Dr. Marple had no constitutionally protected interest in continued employment as superintendent.”
The court’s decision reverses a circuit court order that denied the board’s motion to dismiss Marple’s suit. Linger, who is still on the Board, but is no longer president, said he was pleased the case has been resolved.
“I look forward to focusing on our continued efforts on enhancing our standards, our assessments and our accountability system, all for the benefit of the school children in our state,” Linger said.