Trimble v. West Virginia Board of Directors

Trimble (plaintiff) began working as an instructor of English at the Southern West Virginia Community and Technical College in 1978. Trimble was granted tenure in 1984. In 1996, the college faculty unanimously issued a vote of no confidence for the college’s president, Kirkland, as a result of changes Kirkland attempted to implement. Later that year, Trimble organized the faculty labor union, WVEA, which was critical of Kirkland’s policy changes. One of those changes was to require the use of a software program called Instructional Performance Systems Incorporated (IPSI) for the writing of course syllabi. The faculty opposed this requirement. Mandatory informational meetings on the use of IPSI were held for faculty. Trimble missed several of these meetings and was notified in writing that continued nonattendance would result in a written reprimand. Kirkland ordered all faculty in the Humanities Division, which included Trimble, to prepare a course syllabus using IPSI by a specific deadline. Trimble refused and was advised in writing that his actions constituted insubordination. Trimble was ordered to appear in a vacant office at a specific time in order to complete the IPSI syllabus, and he again refused. Kirkland terminated Trimble effective May 30, 1997. Prior to the previous year, there had been no disciplinary action taken against Trimble, and he had consistently had favorable teaching evaluations. Trimble filed a grievance challenging his termination. An institutional hearing committee conducted a hearing and ruled in favor of Trimble, finding that he was not insubordinate. However, Kirkland rejected this finding and upheld his own termination. Trimble appealed to the college’s Board of Trustees (defendant), which upheld Trimble’s termination. Trimble then filed an appeal with the trial court, arguing that his termination was in violation of his First Amendment rights and that because he had a property interest in his employment, the Board should have implemented progressive disciplinary measures prior to terminating him. The trial court ruled in favor of the Board, and Trimble appealed.