Database Search Result Details
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First Name
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Tanner
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Last Name
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Hill
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Decision Date
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11/30/2021
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Docket Number
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2021-1876-HarED
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ALJ
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RLR
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Respondent
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Harrison County Board of Education
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Employment Type
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CB-Professional
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Job Title
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Teacher/Coach
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Topics
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Extracurricular Contract
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Primary Issues
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Whether Grievant proved that the Respondent’s decision to deny him the full-time extracurricular contract was arbitrary and capricious.
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Outcome
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Granted
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Statutes
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Related Cases
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State ex rel. Hawkins v. Tyler County Bd. of Educ., 166 W. Va. 363, 275 S.E.2d 908 (1980); Dillion v. Bd. of County of Wyoming, 177 W. Va. 145, 351 S.E.2d 58 (1986); Hood v. Brooke Co. Bd. of Educ., Docket No. 07-05-155 (Nov. 30, 2007); Burgess v. Div. of Highways, Docket No. 2019-0576-DOT (Nov. 22, 2019); Barber v. McDowell County Bd. of Educ., Docket No. 94-33-405 (April 21, 1995)
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Keywords
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Extracurricular Contract; Selection; 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 is currently employed as both the Baseball Coach at Robert C. Byrd High as well as the interim Athletic Director at Washington Irving Middle school. Grievant was denied a full-time extracurricular contract for an Athletic Director position at Washington Irving Middle school due to a perceived conflict and availability. Oddly enough, Grievant was awarded the Athletic Director’s position on an interim basis. Grievant was able to demonstrate by a preponderance of the evidence that the Respondent’s decision was arbitrary and capricious in that it was contrary to the facts of the case. This grievance is granted.
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