Database Search Result Details
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First Name
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Gail
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Last Name
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Boone
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Decision Date
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6/3/2022
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Docket Number
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2022-0159-CONS
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ALJ
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LRB
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Respondent
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Cabell 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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Adult Education Teacher; Systems Operations Specialist
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that the selection process was arbitrary or discriminatory.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2
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Related Cases
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Black v. Cabell County Bd. of Educ., Docket No. 89-06-707 (Mar. 23, 1990); Lilly v. Summers County Bd. of Educ., Docket No. 90-45-040 (Oct. 17, 1990), aff'd Cir. Ct. of Kanawha County, No. 90- AA-181 (Mar. 25, 1993)
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Keywords
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Selection; Qualifications; Skill Level; Prerequisites; Discrimination; 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, an Adult Education Teacher and part-time Systems Operations Specialist, protests her non-selection for one of five full-time Technology Support and Training Specialist positions posted for identified schools of Cabell County. Respondent maintains Grievant is not qualified in that Grievant is lacking an identified requisite for the posted position(s). Grievant does not possess an IC3 Digital Literacy Global 5 Certification. Grievant did not establish that Respondent’s actions were “arbitrary and capricious” or “clearly wrong." Accordingly, this grievance is DENIED.
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