Database Search Result Details
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First Name
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JANICE
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Last Name
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STOWERS
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Decision Date
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11/8/1989
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Docket Number
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89-40-510
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ALJ
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SA
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Respondent
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PUTNAM COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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SELECTION
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Primary Issues
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Arbitrary and Capricious
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Outcome
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GRANTED
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Statutes
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18A-4-8b(a)
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Related Cases
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351 S.E.2D 58 (W.VA. 1986)
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant alleges a violation of W.Va. Code 18A-4-8b(a) in being denied the principalship at an elementary school and alleges that the selection process was flawed. DECISION: GRANTED; re-evaluation of the applicants ordered. The record indicates that proper consideration of the criteria for selection mandated by Respondent's Policy GC was not followed. Moreover, a nurturing element, at least as applied by the Superintendent, was an arbitrary criterion, as was his assumption that an individual from outside the community would have a better acceptance than a local one. That assumption was also contrary to the requirement that appointments be based on qualifications, as was the superintendent's unwillingness to appoint a principal from a school, such as Grievant's, which had a high turnover of principals. Finally, the evidence does not establish that a matter of law the most qualified applicant was selected.
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