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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KEATON
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Decision Date
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2/23/1989
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Docket Number
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45-88-201
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ALJ
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JW
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Respondent
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SUMMERS 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 (SUBSTITUTE)
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Topics
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SELECTION; VACANCY
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Primary Issues
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Preferred Status
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Outcome
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GRANTED
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Statutes
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18A-4-8B(A)
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Related Cases
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315 S.E.2D 58 (W.VA. 1986)
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Keywords
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SUBSTITUTE STATUS; VACANCY
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed , Affirmed (no further information available)
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Supreme Court
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Synopsis
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GRIEVANT, A SUBSTITUTE TEACHER SINCE THE BEGINNING OF THE 1980-81 SCHOOL TERM ALLEGES THAT THE BOARD OF EDUCATION'S FAILURE TO HIRE HER FOR PERMANENT POSITIONS FOR WHICH SHE APPLIED DURING THE SUMMER OF 1988 WAS THE RESULT OF DISCRIMINATION AND FAVORITISM BY THE SUPERINTENDENT. GRIEVANT CONCEDES THAT THERE HAVE BEEN NO OVERT DISPLAYS OF BIAS BUT THAT IT IS EVIDENCED BY HER NONSELECTION TO FILL POSITIONS WHERE SHE IS CLEARLY THE MOST QUALIFIED CANDIDATE. GRIEVANT LACKS THREE (3) HOURS TOWARD COMPLETION OF HER MASTERS DEGREE AND HAS SUBSTITUTED ON 464 DAYS, 137 OF THEM IN THE 87-88 SCHOOL TERM. THE MOST RECENT APPLICANT SELECTED TO FILL A FULL-TIME POSITION OVER GRIEVANT HAD JUST COMPLETED HER UNDERGRADUATE DEGREE AND HELD A PROBATIONARY CONTRACT FOR 44 DAYS. DECISION: THE FILLING OF VACANT TEACHING POSITIONS MUST BE BASED PRIMARILY ON APPLICANT'S QUALIFICATIONS AND SENIORITY HAS A BEARING ONLY WHEN APPLICANT'S QUALIFICATIONS ARE OTHERWISE EQUIVALENT. GRANTED; THE BOARD OF EDUCATION VIOLATED W.VA. CODE 18A-4-8B(A) WHEN IT FILLED A VACANT POSITION WITH AN APPLICANT LESS QUALIFIED THAN GRIEVANT.
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