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  1. In Trimble, decided by the Supreme Court of Appeals of West Virginia, a college professor with 19 years of service and an otherwise unblemished record was fired because he failed to attend meetings regarding the implementation of a computer software program to evaluate students. The professor also refused to prepare his course syllabi using this program. Because the court determined the professor had a protected right to voice concerns about the impact of the program on student learning, the court opined that he was being fired for exercising his First Amendment right. Id. at 426. Citing the West Virginia Constitution, the court held as follows:
  2. The prior employment termination decisions of this Court and decisions in other jurisdictions, lead us to our conclusion and result and holding that constitutional due process is denied when a tenured public higher education teacher, who has a previously unblemished record, is immediately terminated for an incident of insubordination that is minor in its consequences. Under such circumstances, due process requires the educational institution to impose progressive disciplinary sanctions in an attempt to correct the teacher's insubordinate conduct before it may resort to termination. W. Va. Const. art. III, § 10.
  3. Trimble at 304 (emphasis added).
  4. The present case does not involve a single incident of “insubordination that is minor in its consequences.” Dr. Stokes engaged in four instances of seriously deficient behavior: one that impeded the implementation of a new teaching program to benefit freshman at KSU; another that violated students' rights under the Student Handbook; another that was abusive towards a KSU student counselor; and a fourth that discriminated against a disabled student. None of Dr. Stokes' actions involved the exercise of her First Amendment right to express criticism of KSU policy. All of her actions were uncooperative, rude, and unjustified. Together, these behaviors merited termination.

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