Database Search Result Details
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First Name
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RAYMOND
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Last Name
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DUNLEAVY
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Decision Date
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3/26/1990
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Docket Number
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89-20-571
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ALJ
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SA
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Respondent
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KANAWHA COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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PSYCHOLOGIST
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Topics
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REQUEST FOR WORK CREDIT/PAY/GRIEVANCE
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Primary Issues
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Absent four days using one day of personal leave and absent w/out leave when he was scheduled to test students
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Outcome
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DENIED
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Statutes
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18-5-15-(A);
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Related Cases
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HANSHAW V. MCDOWELL; ANDREWS V. PUTNAM
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Keywords
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ABSENT; PERSONAL LEAVE; ISSUE
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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WHERE THE EMPLOYMENT TERM OVERLAPS A TEACHER'S OR SERVICE PERSONNEL'S PARTICIPATION IN A SUMMER INSTITUTE OR INSTITUTION OF HIGHER EDUCATION FOR THE PURPOSE OF ADVANCEMENT OR PROFESSIONAL GROWTH, THE TEACHER OR SERVICE PERSONNEL MAY SUBSTITUTE, WITH THE APPROVAL OF THE COUNTY SUPERINTENDENT, SUCH PARTICIPATION FOR NOT MORE THAN FIVE OF THE NONINSTRUCTIONAL DAYS OF THE EMPLOYMENT TERM. IT WAS REASONABLE FOR THE SUPERINTENDENT TO DENY GRIEVANT'S REQUEST FOR SUCH SUBSTITUTION ON THE GROUNDS THAT THE BACKLOG OF CASES REQUIRED GRIEVANT'S ATTENTION. THAT GRIEVANT PLANNED TO BE ABSENT AND WAS ABSENT DOES NOT RENDER THAT DENIAL ANY LESS REASONABLE. ALLEGATION OF VIOLATION OF DEFINITION OF GRIEVANCE WITHOUT FURTHER IDENTIFICATION IS INSUFFICIENT TO RAISE AN ISSUE AND, SIMILARLY, GRIEVANT DID NOT EVEN IDENTIFY THE PROTECTED ACTIVITY MOTIVATING REPRISAL.
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