Database Search Result Details

First Name C. ANNE
Last Name GERSTNER
Decision Date 2/17/1988
Docket Number 11-87-303-3
ALJ NK
Respondent GILMER COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title ITINERANT SCHOOL LIBRARIAN
Topics ASSIGNMENT; TRANSFER
Primary Issues ALTERING SCHEDULE-TEACHER
Outcome DENIED
Statutes 18A-2-9, 18A-2-7
Related Cases
Keywords SELECTION; JUDGMENT; ALTERING; SCHEDULE
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County, Civil Action #88-AA-65, 3/17/88, Dismissed 12/28/1989, Kaufman
Supreme Court
Synopsis Gr is employed as a home economics teacher and alleges a violation of WV Code 18A-4-8b(a) and 18-5-4 when she was not selected for a position of consumer homemaking teacher. The superintendent rubber stamped school officials recommendation without personally examining the applicant's credentials and the Board's assertion that the successful applicant was the most senior and qualified applicant is unsubstantiated. The board acted arbitrarily in filling the vacancy absent a showing of informed subjective judgment or any rational criterion upon which school officials predicated their determinations other than a mistaken conclusion that the successful candidate was the most senior applicant.

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