Database Search Result Details
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First Name
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Paula
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Last Name
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Athey
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Decision Date
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12/3/2018
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Docket Number
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2018-0872-MnlED
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ALJ
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RLR
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Respondent
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Mineral 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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Principal
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Topics
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Selection
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Primary Issues
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Whether Grievant’s non-selection for the position at issue was arbitrary and capricious.
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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(a),(b)
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Related Cases
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Hyre v. Upshur County Bd. of Educ., 186 W. Va. 267, 412 S.E.2d 265 (1991); Dillon v. Bd. of Educ. of County of Wyoming, 177 W. Va. 145, 351 S.E.2d 58 (1986); Switzer v. Kanawha County Bd. of Educ., Docket No. 03-20-013 (April 11, 2003); Barnett, et al. v. Cabell County Bd. of Educ., Docket No. 2015-1762-CONS (May 31, 2016); Napier v. Logan County Bd. of Educ., Docket No. 95-23-102 (July 31, 1995)
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Keywords
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Selection; Abuse of Discretion; 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 alleged that she should have been selected over the successful applicant for the position of the Director of Curriculum and Instruction. The record demonstrated that the Superintendent’s recommendation to Board members was based on personal opinions about the job applicants, and not their qualifications based upon criteria set out in West Virginia Code § 18A-4-7a. In addition, mistakes were made in the matrix provided to Board members relating to the successful applicant’s qualifications. Notwithstanding this input, the record was not developed as to what the Respondent knew or did not know regarding the overall qualifications of the applicants. In any event, Grievant failed to establish, by a preponderance of the evidence, that her non-selection for the position was arbitrary and capricious, an abuse of Respondent’s discretion, or otherwise contrary to any applicable law, rule or regulation.
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