Database Search Result Details
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First Name
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Jonathan
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Last Name
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Escue
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Decision Date
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8/30/2019
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Docket Number
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2018-1328-LinED
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ALJ
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BTC
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Respondent
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Lincoln 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’s hiring 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 §18-5-39 (e); W. Va. Code § 18A-4-7a
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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); Kimble v. Kanawha County Bd. of Educ., Docket No. 90-20-459 (Nov. 29, 1990); Boone v. Cabell County Bd. of Educ., Docket No. 07-06-386 (Dec. 18, 2007)
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Keywords
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Selection; Summer School Position; Seniority; Certification
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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 was not selected to fill a summer program position when Respondent determined both Grievant and the successful applicant held the appropriate certification and that the successful applicant had a greater length of service in the summer program. Grievant failed to prove Respondent’s hiring decision was arbitrary and capricious. Accordingly, the grievance is denied.
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