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Board of Education v. Gaudino
Citations: 212 W. Va. 640; 575 S.E.2d 250; 2002 W. Va. LEXIS 199Docket: No. 30363
Court: West Virginia Supreme Court; November 26, 2002; West Virginia; State Supreme Court
The Court is reviewing an appeal by David N. Gaudino regarding a Circuit Court order that reversed a Level IV decision by the West Virginia Education and State Employees Grievance Board, which had favored the Board of Education of the County of Marshall in appointing William H. Stoehr as the guidance counselor at John Marshall High School. The Court found that both the Circuit Court and the Board misapplied statutory criteria from W.Va. Code, 18A-4-7a (1993) concerning the filling of the position. Consequently, the final order is reversed, and Gaudino is to be reinstated as guidance counselor with back pay and benefits. The factual background reveals that both Gaudino and Stoehr applied for the guidance counselor position advertised in November 1999, which required a master's degree and appropriate certification. Gaudino had 23 years of experience as a classroom teacher and held a doctorate in education, while Stoehr had 14 years of experience, including 10 years as an elementary school guidance counselor. Both applicants held the necessary certifications for grades 5 through 12, although Stoehr's certification included additional grades K through 8. The Board evaluated the applicants based on specific criteria from W.Va. Code, 18A-4-7a (1993), which included certification, teaching experience, degree level, specialized training, satisfactory evaluations, and seniority, all of which were to be weighed equally. The Board determined that Gaudino and Stoehr were tied on several criteria, including certification and evaluations. However, the Board did not consider Gaudino's doctorate and additional credit hours in counseling, stating that only the degree level directly related to the certification area was applicable. The appellant, Gaudino, and Stoehr both held master's degrees in counseling, thus tying on that criterion. The Board identified "specialized training" as not applicable since the relevant notice did not specify such training for the guidance counselor position. The selection process then focused on three criteria: total teaching experience, relevant teaching experience, and seniority. Gaudino had 23 years of overall teaching experience, while Stoehr had experience specifically as an elementary school guidance counselor, which led to Stoehr's advantage in relevant experience. Seniority became the decisive factor, with the Board ruling that seniority should relate to counseling employment rather than overall employment. Stoehr was selected for the guidance counselor position effective December 14, 1999. In January 2000, Gaudino filed a grievance against his non-selection, which was heard by a Level IV examiner who ruled in his favor on July 26, 2000, citing overall seniority as the key issue. The examiner found that under W.Va. Code, 18A-4-7a (1993), seniority should consider total employment by the Board, favoring Gaudino's 23 years over Stoehr's 14 years. Consequently, Gaudino was reinstated as the guidance counselor for the 2000-2001 academic year. However, upon appeal, the Circuit Court of Kanawha County reversed this decision on July 12, 2001, restoring Stoehr to the position. The court noted that W.Va. Code, 18A-4-7a (1993) stipulates that guidance counselors accrue seniority in a distinct manner from classroom teachers, emphasizing that seniority in non-teaching roles is based on the length of employment specifically in that area. The Circuit Court determined that the language in W.Va. Code, 18A-4-7a (1993) modifies the definition of "seniority" for guidance counselors, granting them a special seniority status that must be considered when evaluating candidates for guidance counselor positions. Consequently, Stoehr, an experienced elementary school guidance counselor, holds greater seniority than appellant Gaudino, who only has experience as a classroom teacher, concerning the guidance counselor position at John Marshall High School. Gaudino is appealing the Circuit Court's July 12, 2001 ruling. The standard of review for Gaudino's grievance proceedings, initiated under W.Va. Code, 18-29-1 (1992) et seq., involves assessing whether the Level IV decision was legally sound, within the hearing examiner's authority, free from fraud, supported by substantial evidence, and not arbitrary or capricious. The Circuit Court's review follows the same standards as this Court, which includes both deferential and plenary review. While factual findings by an administrative law judge receive deference, legal conclusions are reviewed de novo. The facts in this case are largely undisputed, leading to a de novo review. The statutes regarding seniority acquisition for guidance counselors versus classroom teachers are criticized for being poorly drafted and confusing. Although guidance counselors are distinguished from classroom teachers in seniority acquisition per W.Va. Code, 18A-4-7a (1993), they are defined similarly in W.Va. Code, 18A-1-1 (1997), which lacks a separate definition for guidance counselors. W.Va. Code, 18A-4-7a (1993) differentiates between guidance counselors and classroom teachers regarding seniority, stipulating that guidance counselors gain seniority based on their length of employment in nonteaching roles. This raises questions about the interpretation of “teaching experience in the required certification area.” If “teaching” includes “counseling,” it may benefit Stoehr, who has elementary-level counseling experience. Conversely, if counseling is deemed a “nonteaching area,” Stoehr’s relevant teaching experience becomes uncertain. The Court must interpret the statute as written, adhering to the principle that all parts of a statute should be given effect. The Marshall County Board concluded that Stoehr met the criteria for both teaching experience and seniority, despite his lack of high school guidance counseling experience. Although he and Gaudino claimed relevant high school counseling experience, Stoehr’s elementary-level counseling certification limits its applicability to the high school position. The Board’s November 1999 notice required counselors to hold certifications for the appropriate grade levels, emphasizing the significance of grade distinctions. Dr. Luise Savage’s testimony highlighted the differences in services provided by elementary versus high school guidance counselors, reinforcing the importance of grade-level certification. In Karr v. Board of Education of Jackson County, the court addressed the qualifications for filling a guidance counselor position, emphasizing that both candidates possessed the necessary certification for the grade levels in question. Despite Stoehr's experience and seniority as an elementary school guidance counselor, these factors did not satisfy the statutory requirements for the high school guidance counselor position at John Marshall High School. The court clarified that guidance counseling experience at one grade level does not confer experience or seniority for a different grade level, as outlined in W.Va. Code, 18A-4-7a (1993), which distinguishes seniority for guidance counselors from that of classroom teachers. In contrast, classroom teachers' seniority is recognized across all certified areas. Although Stoehr and appellant Gaudino were equal on six of the seven criteria under the statute, Gaudino's superior total teaching experience granted him the position. The court reversed the Circuit Court's decision and remanded the case, directing that Gaudino be reinstated as guidance counselor with back pay and benefits. The court also suggested that the West Virginia Legislature reconsider the relevant laws.