Database Search Result Details
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First Name
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ANSIS
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Last Name
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SWOPE
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Decision Date
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6/30/1989
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Docket Number
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89-20-167
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ALJ
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SA
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Respondent
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KANAWHA 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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Abuse of Discretion; Consideration of Experience; Selection on Qualifications
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Outcome
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DENIED
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Statutes
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18A-408b(a)
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Related Cases
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HANSHAW V. MCDOWELL; ANDREWS V. PUTNAM; 351 S.E.2D 58; 374 S.E.2D 184
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Keywords
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SENIORITY; EXPERIENCE
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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 alleges that he was entitled to a driver education teaching position, contending in particular that his seniority and experience as a driver education teacher was not properly considered. DECISION: DENIED. While the principal who selected the teachers did not consider grievant's seniority, contrary to Dillon v. Bd. of Ed. of the Co. of Wyoming, 351 S.E.2d 58 (W.Va. 1986), the error was harmless since it is clear that, even with such consideration, grievant would not have been found to be the most qualified applicant. The principal was not required by Dillon to consider how long the applicants had been certified in safety.
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