Database Search Result Details
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First Name
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Crystal
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Last Name
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Canterbury
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Decision Date
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5/25/2023
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Docket Number
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2023-0044-MinED
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ALJ
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LRB
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Respondent
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Mingo County Board of Education
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Employment Type
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CB-Service
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Job Title
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Secretary II
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Topics
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Extracurricular Job
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Primary Issues
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Whether Grievant proved by the preponderance of the evidence that Respondents selection decision was arbitrary and capricious or an abuse of discretion.
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Outcome
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Denied
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Statutes
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West Virginia Code §18A-4-16
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Related Cases
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Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996). State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996). Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)). Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003).
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Keywords
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Extracurricular position, arbitrary, capricious, abuse of discretion
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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 Secretary II. Grievant grieved her non-selection for an extracurricular job. Grievant alleges as the most senior applicant, she was improperly denied the extracurricular position of Substitute Placement Manager. Respondent maintains the successful applicant had less seniority but was available during the hours and at a location needed by the position duties. Grievant did not prove by a preponderance of the evidence that Respondent’s selection decision was arbitrary and capricious or an abuse of discretion. Grievant failed to establish that Respondent violated any applicable law or policy. Grievant did not establish that she was entitled to the extracurricular position in discussion. Accordingly, this Grievance is DENIED.
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