Database Search Result Details

First Name THOMAS
Last Name WHEELER
Decision Date 4/28/1989
Docket Number 42-88-253
ALJ SK
Respondent RANDOLPH COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title PRINCIPAL
Topics SELECTION
Primary Issues Selection Process
Outcome DENIED
Statutes
Related Cases 351 S.E.2D 58 (WV 1986); 275 S.E.2D 908
Keywords
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County 6/6/89, Civil Action #89-AA-112, Dismissed 1/29/91, Canady
Supreme Court
Synopsis Grievant is employed as principal and filed grievance alleging violations of W.Va. Code 18-29-2 and 18A-4-8b when he was denied a principalship at another high school. Grievant argues that he was more qualified and had more seniority than the selected applicant and that the selection process was subjective in nature, thereby flawed. DECISION: The law clearly requires that the most qualified candidate be awarded a professional position; however, less quantifiable characteristics must be evaluated when choosing the best qualified applicant for a specific position. DENIED; the Board's criteria in determining the most qualified applicant was uniformly applied to all applicants and showed no evidence of arbitrariness.

Back to Results Search Again