Database Search Result Details
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First Name
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TERESA
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Last Name
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MITCHEM
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Decision Date
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3/23/1989
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Docket Number
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50-88-244
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ALJ
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SA
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Respondent
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WAYNE 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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ITINERANT TEACHER
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Topics
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SELECTION
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Primary Issues
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Qualifications
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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Related Cases
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Keywords
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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, itinerant elementary and middle school music teacher, filed a grievance alleging a violation of W.Va. Code 18A-4-8b(a) over her non-promotion to a posted position. Respondent maintained Grievant's excessive absenteeism identified her as not he most qualified applicant. DECISION: DENIED IN PART insofar as it seeks instatement, GRANTED IN PART insofar as it seeks fresh review of applicants. Grievant did not establish her qualifications to be better than or equal to the other candidates. She did prove the selection process flawed, however. The record did not indicate Grievant abused sick leave; rather it demonstrated that Grievant's proper use of sick leave was a determining factor in her nonselection. It is against public policy for a board of education or superintendent to consider an employee's proper use of his/her entitled leave when evaluating qualifications for a position.
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