Database Search Result Details
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First Name
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Robyn
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Last Name
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Wolford
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Decision Date
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12/31/2019
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Docket Number
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2018-0549-HamED(R)
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ALJ
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JSF
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Respondent
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Hampshire 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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Bus Operator
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Topics
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Remand; Bus Run
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Primary Issues
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Whether Grievant proved that the replacement run was the same as her prior run or that she was otherwise entitled to the replacement run.
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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(1); W. Va. Code § 18A-4-8b
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Related Cases
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Security National Bank & Trust Company v. First W. Va. Bancorp, Inc., 166 W. Va. 775, 277 S.E.2d 613 (1981); Wood County Bd. of Educ. v. Smith, 202 W. Va. 117, 120, 502 S.E.2d 214, 217 (1998); Berry v. Kanawha County Bd. of Educ., 191 W. Va. 422, 446 S.E.2d 510 (1994)
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Keywords
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Remand; Extracurricular Bus Run; Replacement Bus Run; 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 was the least senior of three drivers operating three extracurricular bus runs from Hampshire High School during the 2016-2017 school year. For the 2017-2018 school year, Respondent replaced the three runs with one run. Respondent deemed the replacement run a new run and therefore awarded it to the most senior of the three. Grievant contends that the replacement run is the same run she drove the previous year and that she is therefore entitled to it under State code and Respondent’s own policy. Respondent contends it acted reasonably in determining the runs were different because the replacement run eliminated tutoring students and transformed the three runs into a single truncated run for student athletes. Grievant failed to prove that Respondent acted unreasonably in determining the runs were different or that she was otherwise entitled to the replacement run. Accordingly, the grievance is Denied.
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