Database Search Result Details
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First Name
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Rhonda
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Last Name
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Kersey
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Decision Date
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11/9/2023
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Docket Number
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2023-0840-LinED
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ALJ
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LRB
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Respondent
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Lincoln 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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21st Century Community Learning Center After-School County Coordinator
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Topics
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Termination, Contract
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Primary Issues
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Whether Respondent improperly terminated her 230-day contract and transferred her into a 200-day contract position.
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Outcome
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Denied
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Statutes
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W.Va. Code §§ 18A-4-7a, 18A-2-7
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Related Cases
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Watts v. Lincoln County Bd. Of Educ., Docket No. 98-22-348 (Nov. 30, 1998) Post v. Harrison County Bd. of Educ., Docket No. 89-17-355 (Feb. 20, 1990); Dillon v. Wyoming County Board of Education, 177 W. Va. 145, 351 S.E.2d 58 (1986); Baker v. Bd. of Educ., 207 W. Va. 513, 534 S.E.2d 378 (2000); State ex rel. Hawkins v. Tyler County Bd. of Educ., 166 W. Va. 363, 275 S.E. 2d 908 (1980); See Hyre v. Upshur County Bd. of Educ., 186 W. Va. 267, 412, S.E. 2d 265 (W. Va. 1991)
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Keywords
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Termination, Contract, Position Elimination
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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 argues that Respondent improperly terminated her 230-day contract and transferred her into a 200-day contract position, resulting in a significant loss of pay Respondent in response persuasively establishes that Grievant’s former position was eliminated. Grievant was provided an alternative employment contract. Respondent holds the requisite authority to reduce positions. It is not established that the elimination of Grievant’s 230-day contract position was unlawful or was done in violation of an applicable rule, regulation, or law. Grievant was without a lateral position to transfer into. A suitable 230-day contract of employment,. was not identified. Grievant did not prove Respondent’s personnel decision(s) was arbitrary and capricious or an abuse of discretion. This Grievance is DENIED.
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