Database Search Result Details
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First Name
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THOMAS
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Last Name
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WHEELER
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Decision Date
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4/28/1989
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Docket Number
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42-88-253
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ALJ
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SK
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Respondent
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RANDOLPH 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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PRINCIPAL
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Topics
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SELECTION
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Primary Issues
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Selection Process
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Outcome
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DENIED
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Statutes
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Related Cases
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351 S.E.2D 58 (WV 1986); 275 S.E.2D 908
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 6/6/89, Civil Action #89-AA-112, Dismissed 1/29/91, Canady
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Supreme Court
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Synopsis
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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.
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