Database Search Result Details

First Name DAVID
Last Name WALL
Decision Date 11/22/1989
Docket Number 89-40-561
ALJ DC
Respondent PUTNAM COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title ASSISTANT PRINCIPAL
Topics SENIORITY/QUALIFICATIONS
Primary Issues Due Process
Outcome GRANTED; REEVALUATE
Statutes 18a-4-8b(a)
Related Cases DILLON; SHAVER; 351 S.E. 2D 58 (WV 1986).
Keywords FLAWED SELECTION PROCESS; CONSIDERED GR.'S LETTER W/O NOTICE
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was unsuccessful applicant for Prin., Winfield Middle School, where he has been Asst. Prin. fourteen years. Supt. admitted, in written 'statement of reasons' for non-selection and again at Level IV hearing, that a letter Grievant wrote to him before application was a major factor. The Supt. considered this letter unprofessional and threatening and shared this concern with the interview team but never with Grievant. This letter, admitted into evidence, clearly can be reasonably interpreted in more than one way. DECISION: GRANTED, to extent re-evaluation ordered. Supt.'s concerns over letter, without notice to or opportunity to respond for Grievant, improper denial of due process per W.Va. Bd. of Educ. Policy 5300(6)(b) since those concerns a significant factor in this situation. Further, Grievant demonstrated without this flaw, he might reasonably have been selected.

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