Database Search Result Details
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First Name
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JACK
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Last Name
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ELKINS
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Decision Date
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7/7/1989
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Docket Number
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89-03-138
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ALJ
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SA
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Respondent
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BOONE 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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PROFESSIONAL
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Topics
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SELECTION
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Primary Issues
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Seniority having bearing on selection when the applicants have otherwise equivalent qualifications.
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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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SENIORITY; QUALIFICATIONS; PROFESSIONAL; EQUAL; CRITERIA
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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 CONTENDS HE WAS THE MOST QUALIFIED APPLICANT FOR A PRINCIPALSHIP OF AN ELEMENTARY AND JUNIOR HIGH SCHOOL AND THAT THE SELECTION PROCESS WAS FLAWED SINCE THE SUCCESSFUL APPLICANT'S FATHER WORKED WITH THE SUPERINTENDENT. DECISION: DENIED. SINCE EVIDENCE WAS NOT SUBMITTED ON THE QUALIFICATIONS OF THE OTHER CANDIDATES, INCLUDING THE SUCCESSFUL CANDIDATE, GRIEVANT DID NOT ESTABLISH HE WAS THE MOST QUALIFIED APPLICANT. W.VA. CODE 18A-4-8B(A). ALSO, PROVING THE RELATIONSHIP DESCRIBED ABOVE DOES NOT IN AND OF ITSELF ESTABLISH ANY FLAW IN THE PROCESS.
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