Database Search Result Details
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First Name
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EARNEST
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Last Name
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BAILEY
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Decision Date
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7/5/1989
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Docket Number
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33-88-236
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ALJ
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JW
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Respondent
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MCDOWELL 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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Seniority when qualification equal.
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Outcome
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DENIED
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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); 275 S.E.2D 908,
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Keywords
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EQUAL;
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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 employed as teacher at Iaeger High School alleges the Board had improperly denied him the position of principal at Panther Elementary School. DECISION: DENIED. W.Va. Code 18A-4-8b(a) requires that decisions of a county board of education affecting the fill of vacant professional positions be based primarily upon the applicants' qualifications for the job, with seniority having a bearing on the selection process when the applicants have otherwise equivalent qualifications or where the differences in qualification criteria are insufficient to form the basis for an informed and rational decision.
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