Database Search Result Details
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First Name
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Cristina
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Last Name
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Braga
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Decision Date
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6/11/2017
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Docket Number
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2017-1685-BRCTC
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ALJ
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BLG
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Respondent
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BlueRidge Community and Technical College
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Employment Type
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HE
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Job Title
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Housekeeper
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved any of the charges against Grievant.
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Outcome
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Granted
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Statutes
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Related Cases
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Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (1997); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Warner v. Dep’t of Health & Human Res., Docket No. 07-HHR-409 (Nov. 18, 2008); Borninkhof v. Dep't of Justice, 5 MSBP 150 (1981); Cook v. W. Va. Div. of Corrections, Docket No. 96-CORR-037 (Oct. 31, 1997)
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Keywords
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Termination; Sexual Harassment Policy; Sexual Misconduct; Hostile Work Environment; Hearsay; Sexual Touching; Retaliation Against Accuser; False Statement
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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’s employment was terminated by Respondent for sexual harassment, that is, touching a person who was on campus, but who was not a student or employee at the time, “on her vagina external to her jeans without solicitation or consent.” The termination letter also states that Grievant provided a false statement during a formal investigation, and that she had sent a retaliatory text message to the complainant. Respondent failed to prove the charges against Grievant.
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