Database Search Result Details
|
First Name
|
RuBen
|
|
Last Name
|
Wright
|
|
Decision Date
|
3/31/2017
|
|
Docket Number
|
2016-0876-McDED
|
|
ALJ
|
LRB
|
|
Respondent
|
McDowell County Board of Education
|
|
Employment Type
|
PROF
|
|
Job Title
|
Substitute Teacher
|
|
Topics
|
Selection
|
|
Primary Issues
|
Whether Grievant’s qualifications for the extracurricular coaching assignments were greater than those of the persons appointed by Respondent to fill the assignments.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code § 18A-4-16; W. Va. Code § 18A-4-7a; W. Va. Code § 6C-2-2(o)
|
|
Related Cases
|
DeGarmo v. Wood County Bd. of Educ., Docket No. 04-54-062 (Mar. 19, 2004); Hall v. Mingo County Bd. of Educ., Docket No. 95-29-529 (Mar. 28, 1996); Foley v. Mineral County Bd. of Educ. Docket No. 93-28-255 (Oct. 29, 1993); Smith v. Logan County Bd. of Educ., Docket No. 91-23-040 (July 31, 1991); Chaffin v. Wayne County Bd. of Educ., Docket No. 92-50-398 (July 27, 1993)
|
|
Keywords
|
Selection Process; Extracurricular Coaching Assignment Position; Qualifications; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant complained that he unsuccessfully applied for two extracurricular coaching assignments. Grievant contends bias and other rationale was the motivation for Respondent not hiring him for one or more of the vacancies. Grievant woefully failed to meet the recognized burden of proof for a non-selection grievance. Grievant did not demonstrate a significant flaw in the selection process, or that he was the best qualified candidate. Grievant failed to establish, by a preponderance of the evidence, that his non-selection for one of two extracurricular coaching assignments was arbitrary and capricious, an abuse of Respondent’s discretion, or otherwise contrary to any applicable law, rule or regulation. Accordingly, this grievance is DENIED.
|
Back to Results
Search Again