Database Search Result Details
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First Name
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RUTH
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Last Name
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CROW
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Decision Date
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1/19/1988
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Docket Number
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25-87-273-3
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ALJ
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NK
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Respondent
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MARSHALL 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 (JUNIOR HIGH)
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Topics
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SELECTION; VACANCY
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Primary Issues
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SELECTION; IMPROVEMENT
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Outcome
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GRANTED
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Statutes
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18-29-5(B), 18A-4-8B
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Related Cases
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275 S.E.2D 908 (W.VA. 1980); 216 S.E.2D 554; SCOTT V. JACKSON COUNTY; YEAREGO V. JACKSON; MILLER V. MCDOWELL COUNTY; KILMER V. WAYNE
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Keywords
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CERTIFICATION; QUALIFICATIONS; DILIGENCE; ESTOPPED
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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When gr agreed to pursue the certification, she was told she would not harm her chances for advancement and, in fact, would enhance her opportunities and goals to secure a position at John Marshall High School. Grievant applied for and was not selected for two 'temporary' math positions, although she was the most senior and qualified applicant. The Board did not and was not able to furnish gr with either a written statement of reasons why she was not selected or supply suggestions for improving her qualifications. A school board acting in a dilatory fashion filling known vacancies is estopped from defending its exclusion of the most qualified applicant for consideration on the basis of unfortunate timing, efficiency and economical considerations then presented because of its lack of diligence.
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