Database Search Result Details
First Name
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WILLIAM
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Last Name
|
SLADE
|
Decision Date
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1/31/1986
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Docket Number
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33-86-050
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ALJ
|
LC
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Respondent
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MCDOWELL COUNTY BOARD OF EDUCATION
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Employment Type
|
PROF
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Job Title
|
ASSISTANT PRINCIPAL
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Topics
|
SELECTION; SENIORITY
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Primary Issues
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Favoritism; Reprisal; Superintendent Decision Binding
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Outcome
|
REMANDED
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Statutes
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18A-4-8b(a); 18-29-6
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Related Cases
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Keywords
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GOOD FAITH, PROOF
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Intermediate Court of Appeals
|
|
Circuit Court
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Respondent appealed to McDowell County, Civil Action #86-C-124; Dismissed for failure to prosecute 7/25/94, Judge Stephens
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Supreme Court
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Synopsis
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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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