Database Search Result Details

First Name DONNA
Last Name BRADFORD
Decision Date 3/2/1988
Docket Number 55-87-291-4
ALJ JW
Respondent WYOMING COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER
Topics RIF; PROBATIONARY EMPLOYEE
Primary Issues REHIRING; PROBATIONARY EMPLOYEES
Outcome DENIED
Statutes 18A-2-8a, 18A-4-8b(a)
Related Cases
Keywords PROCEDURAL RIGHTS, PROBATIONARY EMPLOYEE, STATEMENT OF REASONS NONTENURE EMPLOYEE
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County, 3/30/88, Civil Action #88-AA-84, Affirmed 10/8/91, Zakaib
Supreme Court
Synopsis Gr was employed as a teacher and was notified by the Superintendent that her name was included on a list of nontenured employees that could not be recommended for rehiring for the 87-88 school term. Subsequently, she was given notice that the board voted to terminate her employment. Grievant was rehired at a school other than the one where she previously taught and filed a grievance alleging that the rehiring process should have been based on seniority. DECISION: Code 18A-2-8a requires that a BOE to give a probationary employee who has not been rehired for the upcoming school year notice of such action and upon request a statement of the reasons for not having been rehired and/or a hearing before the board. The BOE met all the procedural requirements by allowing her the right to a hearing and statement of reasons prior to and after the decision to terminate her probationary contract and grievant chose only to exercise her right to a statement of reasons.

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