Database Search Result Details
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First Name
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Cathy
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Last Name
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Bright
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Decision Date
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8/24/2018
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Docket Number
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2018-0449-MrnED
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ALJ
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RLR
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Respondent
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Marion County Board of Education
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Employment Type
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SERV
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Job Title
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Substitute Aide
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Topics
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Selection
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Primary Issues
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Whether Grievant prove that Respondent acted in an arbitrary and capricious manner.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8(b)(1)-(7)
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Related Cases
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Bd. of Educ. v. Scott, 217 W.Va. 128, 617 S.E.2d 478 (2005); Barnett v. Fairfax County School Board, 927 F.2d 146, 152 (4th Cir. 1991); Vance v. Jefferson County Bd. of Educ., Docket No. 2010-0648-CONS (July 28, 2010); Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986)
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Keywords
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Selection; Qualifications; Sign Support Specialist Classification; Substitute Employee; 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, a substitute employee, alleged Respondent violated W. Va. Code §18A-4-8b in filling of Sign Language Specialist position with a new employee. Record established that when a position involves highly specialized skill and the relative skill level of the applicant so dramatically affects a special education student’s ability to succeed academically, focusing on seniority to the exclusion of qualifications, not only is contrary to West Virginia’s personnel laws, and also subjects Respondent to liability for violating federal special education laws. Grievant failed to prove by a preponderance of the evidence that Respondent acted in an arbitrary and capricious manner in hiring the successful applicant for the Sign Support Specialist position.
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