Database Search Result Details
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First Name
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Daniel
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Last Name
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Frost
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Decision Date
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3/8/2017
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Docket Number
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2016-1073-BSC
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ALJ
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BTC
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Respondent
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Bluefield State College
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Employment Type
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HE
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Job Title
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Counselor II
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Topics
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Dismissal; Discrimination
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Primary Issues
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Whether Respondent proved the grievance was untimely filed.
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Outcome
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Dismissed; Untimely
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(1)
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Related Cases
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Harvey v. W. Va. Bureau of Empl Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 729, 391 S.E.2d 739, 742 (1990); Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997)
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Keywords
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Discrimination; Motion to Dismiss; Untimely Filed; Timelines; Continuing Practice
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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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Grievant is employed by Respondent as a Counselor II. Grievant protests the removal of recruitment from his duties. Grievant was unequivocally notified on July 2, 2015, that he would no longer be permitted to recruit. The grievance was not filed until five and one half months later. The decision to remove the recruiting duty was a single act that has had continuing damage and was not a continuing practice. Respondent proved the grievance was untimely filed and Grievant failed to demonstrate a proper basis to excuse his untimely filing. Accordingly, the grievance is dismissed.
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