Database Search Result Details

First Name JAMES
Last Name GINN
Decision Date 12/9/1988
Docket Number 16-88-185
ALJ DC
Respondent HARDY COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER (SUBSTITUTE)
Topics SELECTION; VACANCY
Primary Issues REQUIREMENT CHANGE
Outcome GRANTED, IN PART; DENIED, IN PART
Statutes 18A-4-15
Related Cases DAVIS V. MARSHALL CB; 351 S.E.2D 58 (W.VA. 1986); 369 S.E. 2D 224
Keywords CHANGE; POSTING
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis IT WAS HELD THAT THE GRIEVANT'S QUALIFICATIONS WERE NOT PROPERLY EVALUATED AND A REEVALUATION OF ALL APPLICANTS WAS ORDERED. GRIEVANT WAS A SUBSTITUTE TEACHER FOR SEVERAL YEARS BUT HAD NEVER TAUGHT MORE THAN 133 DAYS IN A YEAR AND WAS THUS NOT ENTITLED TO SENIORITY UNDER THE DAVIS V. MARSHALL COUNTY BOARD CASE. THE SUCCESSFUL APPLICANT HAD NO SENIORITY EITHER AS HE HAD NOT WORKED IN THAT COUNTY SCHOOL SYSTEM BEFORE. THUS HE AND GRIEVANT WERE SAID TO BE EQUAL IN REGARD TO SENIORITY. IT ALSO APPEARED THE COUNTY BOARD HAD ADDED QUALIFICATIONS TO THE POSITION AFTER ALL THE APPLICATIONS HAD BEEN RECEIVED CONTRARY TO DILLON.

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