Database Search Result Details
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First Name
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Sheila
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Last Name
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Hallman-Warner
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Decision Date
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12/12/2017
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Docket Number
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2017-1007-BSC
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ALJ
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LRB
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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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Transitional Studies Lab Studies
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Topics
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Written Reprimand
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Primary Issues
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Whether it was lawful/permissible for Respondent to issue Grievant a letter of warning for conduct perceived as unprofessional.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(l), 6C-2-2(d), 6C-2-2(h); 61-7-14; CSR 156-1-6.19, 156-1-6.19.2, 156-1-6.19.3, 156-1-3 (2008)
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Related Cases
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Keywords
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Written Reprimand, Warning Letter, Retaliation, Harassment, Discrimination, Malfeasance, Professional Conduct Moot Issue
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 1/26/2018, Civil Action #18-AA-178 (Tabit); Affirmed 7/17/18
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Supreme Court
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Synopsis
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Grievant filed a grievance contesting the actions of Respondent with regard to a written warning pertaining to the performance of her duties as a Professor at Bluefield State College. It was highlighted prior to the Level III three hearing that the requested relief of removing the disciplinary letter from Grievant’s personnel files was a moot issue. Grievant alleged discriminatory application of policy, interference with job performance and retaliation/reprisal action by Respondent. Grievant was not deprived of the opportunity to establish unlawful actions by Respondent. Other than the removal of a disciplinary letter from Grievant’s personnel files the relief requested and inferred was akin to an advisory opinion. Arguably, discretion was present in the facts of this matter; nevertheless, Respondent established appropriate grounds for the disciplinary action of issuing a written warning letter. This grievance is DENIED.
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