Database Search Result Details
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First Name
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Robert
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Last Name
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Tate, Jr.
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Decision Date
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1/30/2018
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Docket Number
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2017-1184-MAPS
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ALJ
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BTC
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Respondent
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Division of Corrections/Parkersburg Correctional Center
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Employment Type
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STATE
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Job Title
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Counselor 1
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that the selection decision was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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Thibault v. Div. of Rehab. Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); W. Va. Dep't of Health & Human Res. v. Blankenship, 189 W. Va. 342, 431 S.E.2d 681, 687 (1993)
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Keywords
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Selection; Minimum Qualifications; Arbitrary and Capricious
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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 is employed by Respondent at Parkersburg Correctional Center as a Correctional Counselor. Grievant was not selected for a Case Manager position and asserts that the successful candidate falsified her application and that she did not meet the minimum qualifications of the position. The successful candidate did meet the minimum qualifications, and, although she made false statements on a revised application, there was no evidence that the selection committee viewed the revised application or relied on the false statements in making the selection decision. Grievant failed to prove that the selection decision was arbitrary and capricious. Accordingly, the grievance is denied.
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