Database Search Result Details
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First Name
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Kimberly
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Last Name
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Williams
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Decision Date
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4/24/2020
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Docket Number
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2019-0640-KanED
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ALJ
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LRB
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Respondent
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Kanawha 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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Assistant Principal
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Topics
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Selection
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Primary Issues
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Whether Grievant established flaw in the selection process.
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Outcome
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Granted/Denied
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Statutes
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W. Va. Code § 18A-4-7a; W. Va. Code § 6C-2-2; Kanawha County Board of Education Policy G62
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Related Cases
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Stover v. Kanawha County Bd. of Educ., Docket No. 89-20-75 (June 26, 1989); Hopkins v. Monroe County Bd. of Educ., Docket No. 95-31-477 (Feb. 21, 1996); Shute v. Brooke County Bd of Educ., Docket No. 07-05-402 (Sept. 26,2008); Hoffman v. Mingo County Bd of Educ., Docket No. 97-29¬266 (June 15, 1998); Hyre v. Upshur County Bd. of Educ., 186 W. Va. 267, 412 S.E.2d 265 (1991); Anderson v. Wyoming County Bd. of Educ., Docket No. 93-55-183 (Sept. 30, 1993); Elkins v. Boone County Bd. of Educ., Docket No. 95-03-415 (Dec. 28, 1995); Barrett v. Hancock County Bd. of Educ., Docket No. 96-15-512 (Dec. 31, 1997); Komorowski v. Marshall County Bd. of Educ., Docket No. 08-25-007 (Mar. 23, 2009); Santer v. Kanawha County Bd of Educ., Docket No. 01-20-557 (Aug. 14,2003); Switzer v. Kanawha County Bd. of Educ., Docket No. 03-20-013 (April 11, 2003)
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Keywords
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Selection; Qualifications; Policy; Discrimination; Favoritism; 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 5/29/2020; Judge Bloom; Civil Action No. 20-AA-57; 11/20/2020 Final Order: Reversed In Part: Grievant Awarded Position in Lieu of Reposting
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Supreme Court
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Synopsis
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This grievance involves the selection of the Principal for South Charleston High School. West Virginia Code § 18A-4-7a sets out specific criteria a county school board is to use in determining which candidate is the most qualified for a professional position. While each of the factors listed in West Virginia Code § 18A-4-7a must be considered, this CODE Section permits county boards of education to determine the weight to be applied to each factor when filling an administrative position, so long as this does not result in an abuse of discretion.
County boards of education have substantial discretion in matters relating to the hiring, assignment, transfer, and promotion of school personnel. However, this discretion must be exercised reasonably and in a manner, which is not arbitrary and capricious. It seems readily evident that Respondent relied upon the ambiguity of discretion, to the point of invalidating the established and recognized selection procedure designed to assist in the identification of the best candidate.
Grievant is unequivocally qualified for the position in discussion. Respondent does not dispute that Grievant scored the highest in the interview and was the number one among the candidate matrix. What Respondent disputes is that Grievant’s ranking makes her the most qualified candidate for the position. In the fact pattern of this matter there were notable dealings, some more significant than others but overall the cumulative effect of events tend to represent substantial flaw(s) in the discretion used and/or verification of the most qualified candidate for the position. Grievant established that Respondent used an ambiguous selection process to identify and confirm the successful applicant for the position in discussion. This grievance is granted in part and denied in part.
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