Database Search Result Details
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First Name
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Donna
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Last Name
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Joy
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Decision Date
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8/1/2019
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Docket Number
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2019-0374-JefED
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ALJ
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JSF
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Respondent
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Jefferson 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 Respondent should have hired her for the position(s) at issue.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-4-7a(o); W. Va. Code § 18A-2-7b
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Related Cases
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Morgan v. Pizzino, 256 S.E.2d 592 (W.Va. 1979); Dooley v. Board of Education, 80 W.Va. 648, 93 S.E. 766 (1917); Honaker v. Board of Education, 42 W.Va. 170, 24 S.E. 544 (1896); Shinn v. Board of Education, 39 W.Va. 765, 65 S.E. 102 (1909); Mingo Co. Bd. of Educ. v. Jones, 204 W. Va. 340, 343, 512 S.E.2d 597 (W. Va. 1998), aff’d, Jones v. Mingo Co. Bd. of Educ., Docket No 96-29-042 (May 30, 1996)
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Keywords
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Selection; Reposting; Job Posting; Regularly Employed Applicant; Substitute; Qualifications
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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 regularly employed by Respondent, Jefferson County Board of Education, as a half-time high school math teacher. Respondent posted three full-time math teacher positions for the 2018-19 school year, one for Washington High School and two for Jefferson High School. Grievant was the only certified applicant for the Washington High School position and was one of two certified applicants for each of the Jefferson High School positions. The schools reposted the positions because fewer than three qualified persons applied for each position. When the number of qualified candidates did not change after the repostings, Respondent selected long-term substitutes to fill the positions.
Grievant contends that there were the requisite three applicants for each of the initial postings, triggering the requirement that each be filled with an existing qualified applicant. Grievant also contends that the schools erred in not filling the positions within 30 days of the initial postings and in doing so with substitutes when there were qualified regularly employed applicants. Respondent counters that, as it had not filled the positions at least 20 days prior to the staff starting date, Grievant would have been precluded from transferring to any of the posted positions for the 2018-19 school year had she been selected. Respondent argues that its protocol allows schools to repost when there are fewer than three qualified applicants. Grievant did not prove she was the more qualified of the two regularly employed applicants for the two Jefferson High School positions. Grievant proved that Respondent should have hired her over a substitute and that she was the only qualified applicant for the Washington High School position after its reposting. Grievant proved that, as she was the only qualified regularly employed applicant for the Washington High School position, she should have received the position within 30 days of reposting, making it probable that she would have received the position 20 days prior to the start of school. Accordingly, this grievance is GRANTED.
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