Database Search Result Details
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First Name
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DENNIE
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Last Name
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BROWN
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Decision Date
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5/12/1989
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Docket Number
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55-88-256
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ALJ
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JW
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Respondent
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WYOMING 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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PRINCIPAL
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Topics
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SELECTION
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Primary Issues
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Timeliness
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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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275 S.E.2D 911 (W.VA. 1980); 216 S.E.2D 554
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Keywords
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TIMELINESS
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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, employed as principal at Guyan Valley School, filed a grievance protesting his non-selection for the position of principal at Matheny Grade School. Grievant contends he is the more qualified applicant and thus the Board's decision was violative of W.Va. Code, 18A-4-8b(a). The Board alleges the position was filled in compliance with Code and the grievance was not timely filed. DECISION: The exercise of judgment as to which candidate for a position is the most qualified by individuals who are trained to make such decisions will be upheld unless shown to be arbitrary and capricious or clearly wrong. Grievant failed to prove that the Board's decision was not based on qualifications or that said decision was arbitrary or capricious.
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