| First Name | Thomas and John |
| Last Name | Haught and Leary |
| Decision Date | 2/11/2026 |
| Docket Number | 2026-0277-CONS |
| ALJ | RLR |
| Respondent | HANCOCK COUNTY BOARD OF EDUCATION |
| Employment Type | CB |
| Job Title | Basketball Coach |
| Topics | Selection |
| Primary Issues | Whether Grievants can prove by a preponderance of the evidence that they should have been selected for the position rather than the other applicant, by establishing that they were the most qualified applicants, or that there was such a substantial flaw in the selection process that the outcome may have been different if the proper process had been used. Whether either Grievants established that Respondent acted in an arbitrary and caprisous manner or otherwise abused its discretion. |
| Outcome | DENIED |
| Statutes | W. VA. CODE § 18A-4-7a |
| Related Cases | Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); . Lilly v. Summers County Bd. of Educ., Docket No. 90-45-040 (Oct. 17, 1990) aff’d Circuit Court of Kanawha County, No. 90-AA-181 (Mar. 25, 1993); Dillon v. Bd. of Educ. of County of Wyoming, 177 W. Va. 145, 351 S.E.2d 58 (1986); DeGamo v. Wood County Bd. of Educ., Docket No. 04-54-062 (Mar. 19, 2004); Dillon, supra; Chaffin v. Wayne County Bd. of Educ., Docket No. 92-50-398 (July 27, 1993); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996)." Trimboli v. Dep't of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); in Pennacchio v. Hancock County Board of Education, Docket No. 2010-1432-HanED (April 27, 2011); |
| Keywords | interview committee, rank, matrix, WEST VIRGINIA CODE § 18A-4-7a, team, experience, arbitrary and capricious, State Policy 5310, sport. |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | This grievance arises from the selection of Intervenor Jason Angle as Head Boys’ Basketball Coach at Weir High School following a level one decision that vacated the prior selection decision for the position. Grievants Haught and Leary, both unsuccessful applicants, challenge this selection. In a non-selection grievance, Grievants bear the burden of proving, by a preponderance of the evidence, that they should have been selected for the position rather than another applicant, by establishing that they were the most qualified applicants, or that there was such a substantial flaw in the selection process that the outcome may have been different if the proper process had been used. Neither Grievant proved that he was the most qualified candidate. Neither Grievant established that his qualifications were not fully considered and compared to those of the Intervenor, and neither has proven entitlement to the position at issue. Neither Grievant established that Respondent acted in an arbitrary and capricious manner or otherwise abused its discretion. This grievance is denied. |