details - Public Grievance Board

First Name	Priscilla
Last Name	Thomas
Decision Date	10/17/2017
Docket Number	2017-1082-CONS
ALJ	LRB
Respondent	Logan County Board of Education
Employment Type	PROF
Job Title	Substitute Teacher
Topics	Selection
Primary Issues	Whether Respondent’s non-selection and/or other interaction(s) with Grievant were acts of discrimination/favoritism or in violation of a duty.
Outcome	Denied
Statutes	W. Va. Code 18A-4-8b; W. Va. Code § 6C-2-2; W. Va. Code § 6C-2-4
Related Cases	Baker v. Bd. of Directors/W Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Mooney v. Kanawha County Bd. of Educ. Docket No. 04-20-394 (Mar. 28, 2005); Harrison v. W Va. Bd. of Directors/Bluefield State Coll., Docket No. 93-BOD-400 (Apr. 11, 1995)
Keywords	Selection; Vacancy; Minimum Qualifications; Recertification; Policy; Favoritism; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed by Respondent as a substitute teacher. She applied for a posted Purchasing Director/Assistant Business Manager position at Respondent’s central office. The posting stated that the successful applicant must hold a minimum of a Bachelor’s of Arts degree in accounting. Grievant does not hold a Bachelor’s of Arts degree in accounting and was not selected for the vacant position. The successful applicant held a Bachelor’s of Arts degree in accounting in addition to being a Certified Public Accountant. Respondent’s selection of the successful applicant for the position in question was not arbitrary and capricious, or an act of favoritism. Further, Grievant did not establish that Respondent improperly prohibited or unlawfully acted and denied Grievant the renewal of her teaching certification. It is Grievant’s responsibility to be aware of certification requirements and to timely submit the appropriate educational credits/documentation for recertification. This grievance is DENIED.

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