conclusions of law. This matter became mature for decision on June 18, 2012, upon receipt of the parties' Proposed Findings of Fact and Conclusions of Law.2
Synopsis
On January 7, 2011, McDowell County Schools Superintendent James Brown notified Grievant that she was being considered for transfer in accordance with W. Va. Code § 18A-2-7 due to his decision to eliminate all Assistant Principal Positions. (Bd. Ex. 1 at Level I.) Superintendent Brown simultaneously notified Grievant in accordance with W. Va. Code § 18A-2-2 that her employment contract as an Assistant Principal would be terminated at the end of the 2010-11 school year for the same reason. (Bd. Ex. 2 at Level I.) Following hearings on January 19, 2011, Benjamin Shew, acting as the designee of the State Superintendent, approved Grievant's transfer from her Assistant Principal's position, concluding that she was not entitled to "bump" a principal or central office staff member. (Bd. Ex. 3 at Level I.) Thereafter, on April 7, 2012, Grievant was notified by Barbara Miller, the Director of Personnel for the McDowell County Board of Education, that she was being transferred to the position of Classroom Teacher, MI/LD, at River View High School. (Bd. Ex. 4 at Level I.) Grievant did not file a grievance challenging the termination of her contract as an Assistant Principal or her transfer to a teaching position at River View. Subsequently, Grievant applied for and received a position as a Fourth Grade Teacher at Welch Elementary, effective August 5, 2011. (Bd. Ex. 5 at Level I.)
2 On July 5, 2012, the undersigned received Respondent McDowell County Board of Education’s Motion to Strike the documents attached to Grievant’s proposed findings. Grievant was provided an opportunity to respond to this motion. However, the documents in question were not considered in arriving at a decision on this grievance as the Board’s procedures do not permit additional evidence to be submitted after the Level III hearing has closed. See Hedinger v. Wyoming County Bd. of Educ., Docket No. 2010-0589-WyoEd (Mar. 4, 2011).