During May through August of 2011, the Board posted notices of a vacancy for the position of Supervisor of Curriculum and Instruction at Mount View High School on four separate occasions. (See Bd. Ex. 6 at Level I.) Following the fourth posting, Kathryn Tabor was selected to fill the position in September 2011. Grievant never applied for this position under any of these postings. In her grievance, Grievant states that “the event causing this grievance to be filed was the hiring of Kathryn Tabor as the Supervisor of Curriculum and Instruction at Mt. View.”
The following Findings of Fact are made based upon the record developed through the level three hearing.
During the 2010-2011 school year, Grievant was employed by the McDowell County Board of Education as an Assistant Principal at Mount View High School.
In January 2011, and at all times pertinent to this grievance, the West Virginia Board of Education, acting under the authority of W. Va. Code § 18-2E-5, controlled all personnel actions through the State Superintendent of Schools.
By written notice dated January 7, 2011, the County Superintendent notified Grievant that he was recommending to the State Superintendent that her contract of employment as an Assistant Principal be terminated at the end of the 2010-2011 school year. The County Superintendent, in another written notice dated January 7, 2011, notified Grievant that he was recommending to the State Superintendent that her name be placed on the list of employees to be considered for