Database Search Result Details
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First Name
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Gary
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Last Name
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Wroblewski
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Decision Date
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9/13/2018
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Docket Number
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2018-0464-WayED
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ALJ
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WBM
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Respondent
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Wayne 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
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that Respondent’s decision to start the ALC classes at 3:30 p.m. was unreasonable, arbitrary and capricious, or an abuse of its discretion.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-7a; W. Va. Code § 18A-4-16
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Related Cases
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Cowen v. Harrison County Bd. of Educ., 195 W. Va. 377, 378, 465 S.E.2d 648, 649, (1995); Dillon v. Wyoming County Bd. of Educ.,177 W. Va. 145, 351 S.E.2d 58 (1986); Hall v. Mingo County Bd. of Educ., Docket No. 95-29-529 (March 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)
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Keywords
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Selection; Extra-Curricular Position; Posting; Availability; 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 applied for two extra-curricular teaching positions in the Wayne County Alternative Learning Center. The classes start at 3:30 a.m. and run through 7:00 p.m. and are located at Wayne Middle School. Grievant demonstrated that he was qualified for the two position. Grievant’s regular full-time teaching position is at Spring Valley High School. Due to the end time of his regular teaching schedule and the distance from Spring Valley High School to Wayne Middle School, it is not possible for Grievant to be at the Alternative Learning Center until 3:45 p.m. at best. Respondent did not consider Grievant for the posted position because he was not available to be present at the start of classes. Grievant argued unsuccessfully that it was arbitrary and capricious for Respondent to start the alternative program at a time when he and other potential applicants were not available to be considered for the positions.
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