Database Search Result Details
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First Name
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C. ANNE
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Last Name
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GERSTNER
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Decision Date
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2/17/1988
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Docket Number
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11-87-303-3
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ALJ
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NK
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Respondent
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GILMER 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 SCHOOL LIBRARIAN
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Topics
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ASSIGNMENT; TRANSFER
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Primary Issues
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ALTERING SCHEDULE-TEACHER
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Outcome
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DENIED
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Statutes
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18A-2-9, 18A-2-7
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Related Cases
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Keywords
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SELECTION; JUDGMENT; ALTERING; SCHEDULE
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #88-AA-65, 3/17/88, Dismissed 12/28/1989, Kaufman
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Supreme Court
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Synopsis
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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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