Database Search Result Details
First Name
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Jacqueline
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Last Name
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Daniels
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Decision Date
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6/17/2019
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Docket Number
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2019-0107-CabED
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ALJ
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WBM
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Respondent
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Cabell 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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Associate Principal
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that she was the most qualified candidate or that the selection decision 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
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Elkins v. Boone County Bd. of Educ., Docket No. 95-03-415 (Dec. 28, 1995); Hughes v. Lincoln County Bd. of Educ., Docket No. 94-22-543 (Jan. 27, 1995); Berry v. Boone County Bd. of Educ., Docket No. 2014-0450-BooED (Sept. 29, 2014)
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Keywords
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Selection; Certification; Qualifications; Interview; Executive Summary; 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 the posted position of Principal at Huntington High School. Grievant has extensive experience, training and education and opines that she was the most qualified applicant for the job. She was not selected. In addition to arguing that she was the most qualified candidate, she alleges that the hiring process was rendered arbitrary and capricious by her supervisor, who was on the selection committee, advised her to highlight her experience in Cabell County rather that her the experience and training she accumulated in Florida. Respondent asserts that the decision to hire a different candidate was based upon the appropriated statutory criteria and was not arbitrary or capricious. Grievant did not prove by a preponderance of the evidence that she was the most qualified candidate or that the process was tainted by the pre-interview advice given to her by her supervisor.
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