Database Search Result Details
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First Name
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DAVID
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Last Name
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MILLER
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Decision Date
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9/15/1987
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Docket Number
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33-87-133-1
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ALJ
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LC
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Respondent
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MCDOWELL 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, ELEMENTARY
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Topics
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SELECTION; TRANSFER
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Primary Issues
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Qualifications
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Outcome
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GRANTED
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Statutes
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18A-4-8B(A); POLICY 8-043
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Related Cases
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SCOTT V JACKSON CB; YEAREGO V. JACKSON CB; 351 S.E.2D 58 (W.VA. 1986); 275 S.E.2D 908
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Keywords
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TRANSFER
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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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R SELECTED AN APPLICANT FOR A ELEMENTARY TEACHING POSITION OVER G BECAUSE THAT PERSON HAD A SPECIAL EDUCATION ENDORSEMENT. THIS WAS FOUND TO BE ARBITRARY AND AN ABUSE OF DISCRETION. NO INVESTIGATION OR EVALUATION OF THEIR RESPECTIVE QUALIFICATIONS WAS UNDERTAKEN. THE STATUTE ESTABLISHES A PRESUMPTION. WHERE APPLICANTS HAVE EQUAL OR SIMILAR QUALIFICATIONS, THE PERSON WITH THE MOST SENIORITY IS MORE QUALIFIED. THE FAILURE TO INTERVIEW, ADDING REQUIREMENTS NOT SPECIFIED IN THE POSTING, AND THE GENERAL UNFAMILIARITY OF CREDENTIALS ARE INDICIA OF ARBITRARINESS. THE REASONS GIVEN FOR GS NONSELECTION WERE CHANGED.
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