Database Search Result Details
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First Name
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CINDI
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Last Name
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DRAKE
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Decision Date
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3/12/1987
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Docket Number
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47-86-326-2
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ALJ
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SK
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Respondent
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TUCKER 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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LEARNING DISABILITIES TEACHER
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Topics
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DUE PROCESS; HEARING OFFICER
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Primary Issues
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PRESENCE OF SUPERINTENDENT IN AN EXECUTIVE SESSION DURING THE DELIBERATION OF A GRIEVANCE BY BOE; DUE PROCESS; EVALUATION PROCESS
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Outcome
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GRANTED
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Statutes
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18-29-3(N); 18-29-6; 18-29-2(N)
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Related Cases
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163 W.VA. 1 S.E.2D 435 561, 327 S.E.2D 155; PETRY V KANAWHA COUNTY; BURDETTE V. SUMMERS COUNTY; SMOOT V. KANAWHA COUNTY; WILLIAMS V. ROANE
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Keywords
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EVALUATION; DUE PROCESS; DISCIPLINARY LETTER; PERSONAL FILE; IMPARTIAL; EXECUTIVE; OUTSIDE ACTIVITIES
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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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THE PRESENCE OF THE SUPT IN AN EXECUTIVE SESSION DURING THE DELIBERATION OF A GRIEVANCE BY THE BOE, WHEN THE SUPT REPRESENTED THE ADMINISTRATION AT THE LEVEL THREE HEARING, PROHIBITS THE GR FROM RECEIVING A FAIR AND IMPARTIAL HEARING. THE CHARACTERIZATION OF THE LETTER IN QUESTION AS PART OF THE EVALUATION PROCESS IS INCONSISTENT WITH THE TENOR OF THE LETTERS WHICH INDICATES THEM TO BE DISCIPLINARY IN NATURE; E.G., THE RECOMMENDATION FOR SUSPENSION AND DISMISSAL. THE UTILIZATION OF LETTERS REGARDING A TEACHER'S BEHAVIOR OUTSIDE THE CLASSROOM AS PART OF THAT TEACHER'S EVALUATION SUBJECTS THAT TEACHER TO EVALUATION ABOVE THAT RECEIVED BY TEACHERS AS A GROUP.
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