required by the posting, they should have been on permit, and released and transferred. Additionally, there were not any Central Office Administrators released and transferred, as required by policy.

McDowell County Board of Education and the West Virginia Department of Education have violated state and federal statutes including, but not limited to the following:

They have also practiced favoritism, discrimination, conspiracy, racial discrimination, and violation of SIG grant.

As relief, Grievant sought the position of Supervisor of Curriculum or Assistant Principal at Mount View, triple back pay, and punitive damages1 for violation of civil rights/public policy.

A hearing was held at level three before the undersigned Administrative Law Judge on June 5, 2012, in Beckley, West Virginia. Grievant appeared pro se and Respondent McDowell County Board of Education was represented by Howard Seufer, Esquire. At the close of the hearing, the parties agreed to submit findings of fact and

1 The Grievance Board has no authority to award tort-like damages such as “triple” back pay or punitive damages. See White v. Monongalia County Bd. of Educ., Docket No. 2008-0586-CONS (Dec. 16, 2008); Spangler v. Cabell County Bd. of Educ., Docket No. 03-06-375 (Mar. 15, 2004); Walls v. Kanawha County Bd. of Educ., Docket No. 98-20-325 (Dec. 30, 1998). Indeed, to award punitive damages would be contrary to law. Spangler, supra.