Database Search Result Details
|
First Name
|
Melvin
|
|
Last Name
|
Womble
|
|
Decision Date
|
6/3/2022
|
|
Docket Number
|
2021-2517-MrnED
|
|
ALJ
|
RLR
|
|
Respondent
|
Marion County Board of Education
|
|
Employment Type
|
PROF
|
|
Job Title
|
Assistant Principal
|
|
Topics
|
Evaluation
|
|
Primary Issues
|
Whether Grievant proved that the rating of “emerging” and the rationale presented by the evaluator in support of the rating is lacking in merit or proper foundation and can reasonably be viewed as arbitrary.
|
|
Outcome
|
Granted
|
|
Statutes
|
|
|
Related Cases
|
Baker v. Fayette County Bd. of Educ., Docket No. 94 10 427 (Jan. 24, 1995); Kinder v. Berkeley County Bd. of Educ., Docket No. 02 87 199 (June 16, 1988); Higgins v. Randolph Bd. of Educ., 168 W. Va. 448, 286 S.E.2d 682 (1981)
|
|
Keywords
|
Evaluation; Ratings; Negative Comments; Job Duties; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant has been an employee of Marion County Board of Education for eleven years. Grievant has been an assistant principal at Fairmont Senior High School for over four years. Grievant filed this action challenging his evaluation for the 2020-2021 school year in areas in which he received a rating of “emerging.” Under the totality of the circumstances of this case, Grievant was able to demonstrate that the rating of “emerging” and the rationale presented by the evaluator in support of the rating is lacking in merit or proper foundation and can reasonably be viewed as arbitrary. This grievance is granted, and Respondent is ordered to change the ratings of “emerging” to “accomplished” in the appropriate areas of the 2020-2021 evaluation.
|
Back to Results
Search Again