Database Search Result Details
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First Name
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DONNA
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Last Name
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BRADFORD
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Decision Date
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3/2/1988
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Docket Number
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55-87-291-4
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ALJ
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JW
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Respondent
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WYOMING 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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TEACHER
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Topics
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RIF; PROBATIONARY EMPLOYEE
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Primary Issues
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REHIRING; PROBATIONARY EMPLOYEES
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Outcome
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DENIED
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Statutes
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18A-2-8a, 18A-4-8b(a)
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Related Cases
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Keywords
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PROCEDURAL RIGHTS, PROBATIONARY EMPLOYEE, STATEMENT OF REASONS NONTENURE EMPLOYEE
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, 3/30/88, Civil Action #88-AA-84, Affirmed 10/8/91, Zakaib
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Supreme Court
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Synopsis
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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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