Database Search Result Details
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First Name
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DAVID
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Last Name
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WALL
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Decision Date
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11/22/1989
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Docket Number
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89-40-561
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ALJ
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DC
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Respondent
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PUTNAM 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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ASSISTANT PRINCIPAL
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Topics
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SENIORITY/QUALIFICATIONS
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Primary Issues
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Due Process
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Outcome
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GRANTED; REEVALUATE
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Statutes
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18a-4-8b(a)
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Related Cases
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DILLON; SHAVER; 351 S.E. 2D 58 (WV 1986).
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Keywords
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FLAWED SELECTION PROCESS; CONSIDERED GR.'S LETTER W/O NOTICE
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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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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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