Database Search Result Details
First Name
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Reva
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Last Name
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Wallace
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Decision Date
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4/24/2020
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Docket Number
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2018-1331-WayED
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ALJ
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LRB
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Respondent
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Wayne 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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Principal
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Topics
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Contract Condition
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Primary Issues
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Whether Respondent’s failure to have identical working days for all high school principals of the county was arbitrary and capricious conduct and/or discrimination in violation of identified uniformity principle(s).
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-5b; W. Va. Code § 18A-4-2
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Related Cases
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Bd. of Educ. v. Airhart, 212 W. Va. 175, 569 S.E.2d 422 (2002); Covert v. Putnam County Bd. of Educ., Docket No. 99-40-463 (Feb. 29, 2000)
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Keywords
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Contract; Pay Uniformity; Discrimination; 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 5/26/2020; Judge Webster; Civil Action No. 20-AA-55; Affirmed, 03/15/2022
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Supreme Court
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Synopsis
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Grievant, a retired principal, who was previously employed as a regular full-time principal, filed a grievance against her employer, Wayne County Board of Education, Respondent, contesting that she was improperly denied a 240-day contract during her employment. Grievant’s contention that the Principalship at Tolsia High School is the only high school principal position in the county with a 220-day contract and such disposition is unlawful. Grievant bid upon and accepted the position as a 220-day contract. Grievant has not been discriminated against or been the victim of favoritism with regard to contract terms, nor did she demonstrate that the identified statutory uniformity provision has been violated. It is not established by a preponderance of the evidence that Respondent has exceeded its authority in choosing to implement a 220-day contract for the high school principal position in discussion. This grievance is DENIED.
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