Database Search Result Details
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First Name
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Jacqueline
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Last Name
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McPeake
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Decision Date
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6/29/2018
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Docket Number
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2018-0820-RalED
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ALJ
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LRB
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Respondent
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Raleigh 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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Principal
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Topics
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Selection
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Primary Issues
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Whether Respondent acted in an arbitrary and capricious manner or otherwise overstepped its discretion in making the selection for a particular professional position.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-7a
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Related Cases
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Black v. Cabell County Bd. of Educ., Docket No. 89-06-707 (Mar. 23, 1990); Lilly v. Summers County Bd. of Educ., Docket No. 90-45-040 (Oct. 17, 1990), aff'd Cir. Ct. of Kanawha County, No. 90-AA-181 (Mar. 25, 1993); Elkins v. Boone County Bd. of Educ., Docket No. 95-03-415 (Dec. 28, 1995); Hughes v. Lincoln County Bd. of Educ., Docket No. 94-22-543 (Jan. 27, 1995); Anderson v. Wyoming County Bd. of Educ., Docket No. 93-55-183 (Sept. 30, 1993); English v. Logan County Bd. of Educ., Docket No. 03-23-307 (Feb. 27, 2004); Hyre v. Upshur County Bd. of Educ., 186 W. Va. 267, 412 S.E.2d 265 (1991)
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Keywords
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Selection; Qualifications; Interview; Arbitrary and Capricious
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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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Grievant filed this grievance contesting her non-selection of principal at Woodrow Wilson High School. West Virginia Code § 18A-4-7a sets out specific criteria the Board must use in determining which candidate is the most qualified for a particular professional position. While each of the factors listed in W. Va. Code § 18A-4-7a must be considered, this Code Section permits county boards of education to determine the weight to be applied to each factor when filling an administrative position, so long as this does not result in an abuse of discretion. A county board of education may determine that the factor "other measures or indicators" is the most important factor.
Respondent placed a weighted value on the interview process. In the statutory category of “other measurers or indicators” of the applicants’ qualifications, this is permittable conduct in the circumstances of an administrative selection. Grievant has failed to prove by a preponderance of the evidence that the decision-making process was fatally flawed, that Respondent acted in an arbitrary and capricious manner, or that Respondent otherwise overstepped its broad discretion as described in W. VA. CODE § 18A-4-7a. This Grievance is DENIED.
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