Database Search Result Details
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First Name
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PATRICIA
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Last Name
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POCKL
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Decision Date
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4/28/1989
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Docket Number
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88-35-220
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ALJ
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NK
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Respondent
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OHIO 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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ADMINISTRATOR
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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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18A-4-8b(a)
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Related Cases
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275 S.E.2D 911 (WV 1980); 216 S.E.2D 554
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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 Ohio County, Civil Action #89-C-365-W; Affirmed
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Supreme Court
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S.Ct. affirmed Cir.Ct. and ALJ at 406 S.E.2D 687 (1991)
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Synopsis
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GRIEVANT IS EMPLOYED AS ADMINISTRATOR ASSIGNED TO THE CENTRAL OFFICE STAFF. SHE ALLEGES HER NON-SELECTION FOR A POSITION AS ASSISTANT PRINCIPAL EFFECTIVE THE 1988-89 SCHOOL YEAR. GRIEVANT CONTENDS SHE IS SUPERIOR TO THE SUCCESSFUL APPLICANT IN QUALIFICATIONS AND SENIORITY. DECISION: DENIED. INTERVIEWS, WHEN CONDUCTED FAIRLY, ARE RELEVANT TO MAKING A DECISION AS TO APPLICANT'S QUALIFICATIONS FOR PROFESSIONAL POSITIONS AND INFORMED SUBJECTIVE JUDGMENT IS A RELEVANT CRITERION IN THE ABSENCE OF ARBITRARY OR CAPRICIOUS CONDUCT. CONSIDERING THE APPLICANT'S ABILITY TO EFFECTIVELY WORK WITH THE VARIED PERSONS AS REQUIRED BY THE POSITION IS NOT ARBITRARY OR CAPRICIOUS. SUPREME COURT: BOTH THE HEARING EXAMINER AND THE CIRCUIT COURT FOUND THAT THE BOE DID EXERCISE ITS DISCRETION REASONABLY, IN THE BEST INTEREST OF THE SCHOOL AND IN A MANNER WHICH WAS NOT ARBITRARY AND CAPRICIOUS. AT THE LEVEL IV HEARING, THERE WAS EXTENSIVE TESTIMONY REGARDING THE DUTIES OF THE ASSISTANT PRINCIPAL AND HIS SUITABILITY FOR THE POSITION. THE ALJ FOUND THAT THE BOE 'MADE A REASONED, RATIONAL DECISION. THAT THE SUCCESSFUL APPLICANT WAS MORE QUALIFIED FOR THE POSITION IN QUESTION THAN WAS THE GRIEVANT.'
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