Database Search Result Details
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First Name
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John
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Last Name
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Hall
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Decision Date
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4/21/2017
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Docket Number
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2016-0780-MasED
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ALJ
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BTC
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Respondent
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Mason 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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Topics
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Harassment; Hostile Work Environment
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Primary Issues
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Whether Grievant was subject to harassment or hostile work environment.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code § 6C-2-2(l)
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Related Cases
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Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Sellers v. Wetzel County Bd. of Educ., Docket No. 97-52-183 (Sept. 30, 1997); Lanehart v. Logan County Bd. of Educ., Docket No. 97-23-088 (June 13, 1997); Rogers v. W. Va. Reg’l Jail & Corr. Facility Auth., Docket No. 2009-0685-MAPS (Apr. 23, 2009); Napier v. Stratton, 204 W. Va. 415, 513 S.E.2d 463, 467 (1998); Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995)
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Keywords
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Harassment; Hostile Work Environment; Inappropriate Conduct
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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 in its Maintenance Department. Grievant alleged he had been harassed and subjected to a hostile work environment by the Director of Maintenance. Grievant proved that during two incidents, which occurred years apart, the Director of Maintenance inappropriately raised his voice and made forceful gestures. However, this conduct did not rise to the level of repeated or continual behavior necessary to prove harassment or severe or pervasive conduct necessary to create a hostile work environment. Accordingly, the grievance is denied.
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