Database Search Result Details

First Name JAMES
Last Name FOX
Decision Date 12/29/1989
Docket Number 89-45-435
ALJ JW
Respondent SUMMERS COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title HOMEBOUND INSTRUCTOR
Topics TRANSFER LIST
Primary Issues Harassment; whether vote on several is lawful; valid reasons to transfer; assignment to a teaching position w/o posting.
Outcome DENIED
Statutes 18A-2-7;18A-4-8B(A)
Related Cases PARKER V. SUMMERS CB
Keywords TRANSFER
Intermediate Court of Appeals
Circuit Court Respondent appealed to Kanawha County, Civil Action #90-AA-16; Affirmed 10/28/93, Canady
Supreme Court Affirmed Fox; Reversed Bandy
Synopsis GRIEVANT, EMPLOYED AS A HOMEBOUND STUDENT INSTRUCTOR PRIOR TO HIS REASSIGNMENT TO HINTON HIGH SCHOOL, FILED A GRIEVANCE PROTESTING HIS PLACEMENT ON A TRANSFER LIST. DECISION: PURSUANT TO THE PROVISIONS OF W.VA. CODE 18A-2-7, A SCHOOL EMPLOYEE BEING CONSIDERED FOR TRANSFER IS ENTITLED, UPON REQUEST, TO A LETTER WHICH STATES THE REASONS FOR THE ACTION. THE LETTER MUST SUFFICIENTLY APPRISE THE EMPLOYEE OF THE REASONS IN THE EVENT SUCH IS REQUESTED. GRIEVANCE DENIED; GRIEVANT HAS NOT SHOWN THAT HE WAS NOT GIVEN THE OPPORTUNITY TO QUESTION THE SUPERINTENDENT AS TO THE REASONS FOR HIS PROPOSAL OR DENIED THE OPPORTUNITY TO PROVIDE REBUTTAL TO THESE REASONS BEFORE THE BOARD MADE ITS DECISION.

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