Database Search Result Details
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First Name
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RUTH ANN
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Last Name
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RILEY
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Decision Date
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7/21/1988
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Docket Number
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30-88-015-2
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ALJ
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SK
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Respondent
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MONONGALIA 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
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Primary Issues
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Selection based on qualifications; temporary position not considered a transfer
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Outcome
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DENIED
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Statutes
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18A-4-8b(a), 18A-2-7
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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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TRANSFER; SELECTION; QUALIFICATIONS, 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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G, TEACHER, WAS RELEASED FROM TEACHING TO PARTICIPATE IN AN INTERNSHIP IN JANUARY 1987 AND ON MAY 12, 1987, WAS APPOINTED ACTING PRINCIPAL UNTIL JUNE 26. DURING THE SUMMER, G APPLIED FOR POSTED ASSISTANT PRINCIPAL POSITIONS BUT, NOT BEING SELECTED, WAS RETURNED TO HER PREVIOUS TEACHING ASSIGNMENT. G COMPLAINS OF IMPROPER TRANSFER AND THAT SHE WAS THE MOST QUALIFIED AND MOST SENIOR APPLICANT FOR ONE OF THE ASSISTANT PRINCIPALSHIPS. DECISION: THERE WAS NO TRANSFER, AS CONTEMPLATED BY W.VA. CODE 18A-2-7, BUT ONLY A TEMPORARY ASSIGNMENT. ADDITIONALLY, WHILE G WAS MORE SENIOR THAN THE SUCCESSFUL APPLICANT FOR THE ASSISTANT PRINCIPALSHIP, THE BOARD PROPERLY DETERMINED THAT G WAS LESS QUALIFIED THAN THE OTHER APPLICANT AND THEREFORE NOT ENTITLED TO THE POSITION. DENIED.
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