Database Search Result Details
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First Name
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Allen
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Last Name
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Rapp, Jr.
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Decision Date
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3/27/2019
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Docket Number
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2018-1417-TucED
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ALJ
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RLR
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Respondent
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Tucker 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 the selection for the Athletic/Activities Director position 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-4-16
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Related Cases
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State ex rel. Hawkins v. Tyler County Bd. of Educ., 166 W. Va. 363, 275 S.E.2d 908 (1980); Dillion v. Bd. of County of Wyoming, 177 W. Va. 145, 351 S.E.2d 58 (1986); DeGamo v. Wood Co. Bd. of Educ., Docket No. 06-54-025 (Mar. 8, 2006); Hyre v. Upshur County Bd. of Educ., 186 W. Va. 267, 412 S.E.2d 265 (1991)
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Keywords
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Selection; Extracurricular Position; 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 as a classroom teacher. Grievant applied for an extracurricular position that was posted by Respondent as a county athletic/activities director. Grievant was not the successful applicant for the position. Grievant did not prove by a preponderance of the evidence that the selection of the other qualified applicant for the position was unreasonable, arbitrary and capricious, or constituted an abuse of discretion. Accordingly, the grievance is denied.
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