Database Search Result Details
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First Name
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Mark
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Last Name
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O'Dell
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Decision Date
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1/8/2021
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Docket Number
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2020-0671-NicED
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ALJ
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BTC
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Respondent
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Nicholas 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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Experience Credit
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Primary Issues
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Whether Grievant proved facts necessary to provide a remedy.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-5a(a); W. Va. Code § 6C-2-2(d)
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Related Cases
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Lockett v. Fayette Cty. Bd. of Educ., 214 W. Va. 554, 591 S.E.2d 112 (2003); Zain v. Wetzel County Board of Education, Docket No. 52-86-251-2 (Aug. 12, 1986); McKisic v. Dep’t of Educ., Docket No. 2013-2262-CONS (Nov. 20, 2014)
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Keywords
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Job Responsibilities; Experience Credit; Discrimination
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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 career and technical education teacher. Upon his hire, Grievant was given years of experience credit on the state minimum salary schedule for industry work experience capped at eight years pursuant to Respondent’s policy. A newly-hired employee, who previously worked for another county board of education, received uncapped industry experience based on Respondent’s practice of accepting the years of experience reported from another county board of education without application of its own policy. This practice constitutes discrimination and favoritism, however, Grievant failed to prove facts necessary to provide a remedy. Accordingly, the grievance is denied.
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