| First Name | Nicole |
| Last Name | Emch |
| Decision Date | 8/3/2023 |
| Docket Number | 2023-0172-WetED |
| ALJ | JSF |
| Respondent | Wetzel County Board of Education |
| Employment Type | PROF |
| Job Title | Special Education Teacher |
| Topics | Selection |
| Primary Issues | Whether Respondent employed a selection process that arbitrarily and capriciously weighted selection criteria such that the most qualified candidate was not the person hired for the position. |
| Outcome | Granted |
| Statutes | W. VA. CODE ST. R. § 156-1-3 (2018); West Virginia Code § 18A-4-7a; West Virginia Code § 18A-2-1(a)(4) |
| Related Cases | Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Trimboli v. Dep't of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Elkins v. Boone County Bd. of Educ., Docket No. 95-03-415 (Dec. 28, 1995); Hughes v. Lincoln County Bd. of Educ., Docket No. 94-22-543 (Jan. 27, 1995); Blair v. Lincoln County Bd. of Educ., Docket No. 92-22-009 (Apr. 10, 1992); Komorowski v. Marshall County Bd. of Educ., Docket No. 08-25-007 (Mar. 23, 2009); Berry v. Boone County Board of Education, Docket No. 2014-0450-BooED; Harrison v. Ginsberg, 169 W. Va. 162, 286 S.E.2d 276 (1982); Harper v. Mingo County Bd. of Educ., Docket No. 93-29-064 (Sept. 27, 1993); Stover v. Kanawha County Bd. of Educ., Docket No. 89-20-75 (June 26, 1989).” Barnett, et al. v. Cabell County Bd. of Educ. and McMillian, Docket No. 2015-1762-CONS (May 31, 2016); Smith v. Cabell County Board of Education, Docket No. 2019-0244-CabED (May 14, 2019); Oldham v. Cabell County Bd. of Educ., Docket No. 03-06-269 (Feb. 27, 2004); Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994) |
| Keywords | selection factors, selection formula, qualified candidate, criteria, arbitrary and capricious, abuse of discretion |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant is employed by Respondent, Wetzel County Board of Education. Grievant applied for the Technology Integration Specialist posting but was not selected. The interview committee assigned 81.4 percent of the maximum possible points to one of nine statutory selection factors and 2.3 percent to each of the other eight factors. Respondent could not explain why so much weight was placed on one factor. Three of the four interview committee members found Grievant to be the most qualified candidate. Grievant proved Respondent’s selection process was arbitrary and capricious and that she was the most qualified candidate. Accordingly, the grievance is GRANTED. |