Powell v. Paine

Petitioner below, Brian M. Powell (hereinafter referred to as “Appellant”), appeals the May 26, 2006, order of the Circuit Court of Kanawha County affirming the decision of the State Superintendent of Schools, Steven L. Paine (hereinafter referred to as “Appel-lee”), to suspend Appellant’s license to teach for four years. After thoroughly examining the arguments of the parties in light of the record before us and the relevant law, the order of the circuit court is reversed and the case is remanded for reinstatement of the teaching certificates.

I. Factual and Procedural Background

Appellant was…