Database Search Result Details
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First Name
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Debra
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Last Name
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Dempsey
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Decision Date
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6/17/2019
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Docket Number
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2018-1184-KanED
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ALJ
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CHL
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Respondent
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Kanawha County Board of Education
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Employment Type
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SERV
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Job Title
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Inventory Supervisor
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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 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-4-8(i)(34)
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Related Cases
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Dillon v. Wyoming County Board of Education, 177 W. Va. 145, 351 S.E.2d 58 (1986); Baker v. Bd. of Educ., 207 W. Va. 513, 534 S.E.2d 378 (2000); Bd. of Educ. v. Scott, 217 W. Va. 128, 132, 617 S.E.2d 478, 482 (2005); Hancock Cty. Bd. of Educ. v. Hawken, 209 W. Va. 259, 263, 546 S.E.2d 258, 262 (1999); Hyre v. Upshur Cty. Bd. of Educ., 186 W. Va. 267, 412 S.E.2d 265 (1991); Ohio Cty. Bd. of Educ. v. Hopkins, 193 W. Va. 600, 457 S.E.2d 537 (1995)
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Keywords
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Selection; Qualifications; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 8/28/19, Civil Action # 19-AA-94; Judge King
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as an Inventory Supervisor and grieves her non-selection for a Warehouse Supervisor position. Grievant argued the selection decision was arbitrary and capricious as Respondent exceeded its discretion in including additional qualifications for the position and argued that, regardless, she met the additional qualifications. Grievant failed to prove the selection decision was arbitrary and capricious. Respondent’s addition of the specific qualifications was within its discretion. Grievant did not meet the additional qualifications and the successful candidate exceeded those qualifications. Accordingly, the grievance is denied.
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