| First Name | Lisa |
| Last Name | Hill, et al. |
| Decision Date | 3/15/2019 |
| Docket Number | 2017-2509-CONS |
| ALJ | CHL |
| Respondent | Mason County Board of Education |
| Employment Type | SERV |
| Job Title | Aide III |
| Topics | Selection |
| Primary Issues | Whether Grievants demonstrated that they were entitled to placement into certain kindergarten Aide positions. |
| Outcome | Denied |
| Statutes | W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18A-4-8b; 126 C.S.R. 136 § 12.1.c.7; 126 C.S.R. 136 § 12.1.d.8; W. Va. Code § 18A-4-8b(d); W. Va. Code § 18A-4-8 |
| Related Cases | Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Keatley v. Mercer County Bd. of Educ., 200 W. Va. 487, 490 S.E.2d 306 (1997); Harvey v. Mineral County Bd. of Educ., Docket No. 00-28-117 (Aug. 7, 2000); Cosner v. Gilmer County Bd. of Educ. and Skinner, Docket No. 2015-1520-GilED (July 27, 2016); Workman v. Raleigh County Bd. of Educ., Docket No. 2016-0830-RalED (Nov. 22, 2016); Paugh v. Barbour County Bd. of Educ., Docket No. 2015-1574-BarED (Aug. 26, 2016); Mayle v. Barbour County Bd. of Educ., Docket No. 2016-0113-BarED (Aug. 26, 2016); Adkins v. Fayette County Bd. of Educ., Docket No. 2015-1620-FayED (Oct. 19, 2016); Riffle v. Webster County Board of Education, Docket No. 04-51-122 (July 30, 2004); Taylor v. Pocahontas County Bd. of Educ., Docket No. 05-38-213 (Oct. 14, 2005); West Virginia Human Rights Comm’n v. Garrettson, 196 W. Va. 118, 128, 468 S.E.2d 733, 743 (1996) |
| Keywords | Selection; ECCAT; Classification; Kindergarten; Certification; Credentials; Seniority; Vacancy; Qualifications; Class Title; Posting |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievants are employed by Respondent as Aides. Grievants applied for two positions that required Early Childhood Classroom Assistant Teacher (ECCAT) certification. While Grievants were the more senior applicants in the aide classification than those awarded the positions, Grievants did not at that time hold ECCAT certifications from the West Virginia Department of Education, nor had they ever held an ECCAT position. The successful applicants held ECCAT certifications. Grievants assert that they were entitled to placement in the positions over those selected. Respondent argues that its selection of the other applicants for the ECCAT positions was proper. Grievants failed to prove their claims by a preponderance of the evidence. Therefore, the grievance is DENIED. |