Database Search Result Details

First Name DEBRA
Last Name KELPS
Decision Date 3/16/1989
Docket Number 18-88-217
ALJ SA
Respondent JACKSON COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER
Topics SENIORITY; VACANCY
Primary Issues Qualifications
Outcome DENIED
Statutes 18A-4-8b(a)
Related Cases 351 S.E.2D 58 (W.VA. 1986); 275 S.E.2D 908,
Keywords
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant, elementary teacher, alleges she was not selected to fill a vacant position although the most senior and qualified candidate and therefore the provisions of W.Va. Code 18A-4-8b(a) were violated. As there is no certification in computer education, all candidates were required to prepare a sample lesson and present it to the Board as part of the interview. Grievant did not comply with this request. DECISION: Under W.Va. Code 18A-4-8b(a) where one candidate is more qualified, the seniority of another candidate will not be sufficient to deny the position to a more qualified applicant. Grievant failed to prove she was the more qualified applicant.

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