Database Search Result Details
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First Name
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NANETTE
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Last Name
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FANKHOUSER
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Decision Date
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2/11/1988
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Docket Number
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05-87-250-3
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ALJ
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NK
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Respondent
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BROOKE 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, HOME ECONOMICS
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Topics
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SELECTION; VACANCY
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Primary Issues
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BOE has obligation to make selections based on qualifications of candidates; in-field teaching experience considered
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Outcome
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GRANTED
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Statutes
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18-5-4, 18A-4-8B
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Related Cases
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351 S.E.2D 58 (W.VA. 1986); 286 S.E.2D 682; LAYFAYETTE V RANDOLPH CBOE
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Keywords
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IN-FIELD; QUALIFICATIONS; SENIORITY; CREDENTIALS; CRITERION;
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Brooke County, Civil Action #88-P-5; Affirmed 8/11/88, Judge Broadwater
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Supreme Court
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Synopsis
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THE SUPERINTENDENT RUBBER STAMPED SCHOOL OFFICIALS RECOMMENDATION WITHOUT PERSONALLY EXAMINING THE APPLICANT'S CREDENTIALS AND THE BOARD'S ASSERTION THAT THE SUCCESSFUL APPLICANT WAS THE MOST SENIOR AND QUALIFIED APPLICANT. THE BOARD ACTED ARBITRARILY IN FILLING THE VACANCY ABSENT A SHOWING OF INFORMED SUBJECTIVE JUDGMENT OR ANY RATIONAL CRITERION UPON WHICH SCHOOL OFFICIALS PREDICATED THEIR DETERMINATIONS OTHER THAN A MISTAKEN CONCLUSION THAT THE SUCCESSFUL CANDIDATE WAS THE MOST SENIOR APPLICANT. ABSENT A SHOWING OF INFORMED SUBJECTIVE JUDGMENT OR ANY RATIONAL CRITERION UPON WHICH THE SCHOOL OFFICIALS PREDICATED THEIR DETERMINATIONS AND NON-SELECTION OF GRIEVANT, AND BASED UPON THE BOARD'S ERRONEOUS CONCLUSION THAT GR WAS THE LEAST SENIOR APPLICANT BECAUSE SHE DID NOT HOLD A READILY OBTAINABLE VOCATIONAL CERTIFICATE AT THE TIME OF THE JOB POSTING, THE BOARD ACTED ARBITRARILY WHEN IT DID NOT EMPLOY GRIEVANT, THE APPLICANT WITH DEMONSTRATED SUPERIOR SENIORITY, EVALUATION DATA AND IN-FIELD TEACHING EXPERIENCE AND WHO MET ALL CERTIFICATION REQUIREMENTS AT THE TIME OF THE BOARD'S FINAL ACTION PRIOR TO THE ONSET OF THE EMPLOYMENT YEAR.
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