Database Search Result Details

First Name WILLIAM
Last Name SLADE
Decision Date 1/31/1986
Docket Number 33-86-050
ALJ LC
Respondent MCDOWELL COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title ASSISTANT PRINCIPAL
Topics SELECTION; SENIORITY
Primary Issues Favoritism; Reprisal; Superintendent Decision Binding
Outcome REMANDED
Statutes 18A-4-8b(a); 18-29-6
Related Cases
Keywords GOOD FAITH, PROOF
Intermediate Court of Appeals
Circuit Court Respondent appealed to McDowell County, Civil Action #86-C-124; Dismissed for failure to prosecute 7/25/94, Judge Stephens
Supreme Court
Synopsis BOE argued that 8b(a) was not applicable to filling an administrative position such as an assistant principal, unless it is a reduction in force, and that in this case there was simply a lateral transfer. Relying on Sharp v. Kan BOE, the statute was held applicable to administrative promotions. The reprisal and favoritism claims were not proven. The case was remanded to consider the Grievant's qualifications under the correct legal standard. The case also says the state superintendent's opinions are binding unless clearly wrong.

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