Database Search Result Details
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First Name
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JANE
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Last Name
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WEIMER-GODWIN
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Decision Date
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4/14/1986
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Docket Number
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49-86-058
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ALJ
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SK
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Respondent
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UPSHUR 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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ITINERANT ELEMENTARY MUSIC TEACHER
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Topics
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SALARY SUPPLEMENT
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Primary Issues
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Extracurricular Activities; Supplemental Pay
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Outcome
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DENIED
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Statutes
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18A-4-2; 18A-4-5a
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Related Cases
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Keywords
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DUE PROCESS; COMPENSATION; NON-INSTRUCTIONAL DUTIES; SUPPLEMENT; UNIFORMITY; ASSIGNMENTS
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Upshur County, Civil Action # not available
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Supreme Court
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S.Ct. reversed ALJ at Weimer-Godwin v. Board of Educ., 179 W. Va. 423; 369 S.E.2d 726 (1988) and remanded to CCt to award attorney fees
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Synopsis
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The Grievant alleges that she is required to perform duties in addition to regular classroom instruction which are similar to those performed by instrumental music teachers, who receive an additional salary supplement. Also alleged is a violation of her substantive due process in that an impartial grievance evaluator had not been appointed to hear this matter. W. Va. Code, 18-29-6 specifically states the administration or his or her designee shall conduct a hearing at level two in an impartial manner, ensuring that procedural and substantive due process is accorded both parties. The appointment of the Assistant Supt as grievance evaluator was proper as this procedure does not require that an evaluator be unaffiliated with the school system. Due process claim denied. While all counties are required to pay teachers the minimum salaries set forth in 18A-4-5a they are permitted to establish salaries in excess of the minimum so long as applied uniformly. While Grievant engages in activities required of instrumental teachers, their teaching assignment differ regarding subject matter. The Grievant does not allege any salary discrepancy and failed to show a lack of uniformity in compensation.
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