Database Search Result Details
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First Name
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WILLIAM
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Last Name
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ZBAN
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Decision Date
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7/31/1987
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Docket Number
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06-87-010/011/012/021/033
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ALJ
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LC
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Respondent
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CABELL COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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DIRECTOR, SERVICE PERSONNEL
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Topics
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HARASSMENT; POLICIES
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Primary Issues
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Animosity between Superintendent and Grievant resulting in numerous grievances and Superintendent sitting as level II evaluator.
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18-29-6, 18-29-4(a)(1), 18-29-2(n)
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Related Cases
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160 W.VA. 723, 238 S.E.2D 220 (1977); 351; 106 S.CT. 1580, 89 L.ED 2D 823; CINDY DRAKE V. TUCKER CBOE
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Keywords
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APOLOGY; HARASSMENT; REPRISAL; ANIMOSITY; HOSTILITY; DUE PROCESS; EXECUTIVE SESSION; EVALUATOR; COMMUNICATIONS
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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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The probative evidence of harassment is such that it is impossible to assess the degree of culpability attributable to each of the principal participants, Dr. Frum and Gr. Although it appears that it was Dr. Frum who initially engaged in practices deemed offensive, it is clear that thereafter both parties engaged in a pattern of conduct which could properly be characterized as harassment. Neither party was willing or able to rise above their differences or to take the steps necessary to resolve these differences. It would serve no conceivable or useful purpose to find one more culpable than the other, it is more appropriately a matter for the BOE. Grievant failed to prove the allegations that the Supt has violated the uniformity provisions. The motion to dismiss is granted and claim to back wages is barred by the doctrine of Laches. The level two grievance hearing was violative of Code 18-29-6 in that it was not conducted in an impartial manner by virtue of the Supt acting as the grievance evaluator. Hearings must not only comport with due process requirements but must also have the appearance of fairness. Grievances are granted in part and denied in part. The grievance of harassment will be referred to the BOE for any action it deems advisable. A copy of the decision will be forwarded to the President for that purpose.
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