Database Search Result Details
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First Name
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Melissa
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Last Name
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Wilfong
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Decision Date
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1/25/2018
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Docket Number
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2018-0177-RanED
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ALJ
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RLR
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Respondent
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Randolph County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Transfer
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Primary Issues
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Whether this grievance was timely filed.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-7a(k)(3); W. Va. Code § 18A-2-2; W. Va. Code § 6C-2-3(a)(1)
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Roncella v. McDowell County Bd. of Educ., Docket No. 01-33-395 (Dec. 27, 2001); Birmingham v. James Rumsey Tech. Inst., Docket No. 02-MCVTC-134 (Nov. 25, 2002); Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Harvey v. W. Va. Bur. of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998)
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Keywords
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Transfer; Timeliness; Time Lines; Fifteen Days
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 3/9/2018, Civil Action #18-AA-188 (Bloom); Affirmed 8/3/18
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Supreme Court
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Grievant appealed to Supreme Court 9/5/2018; No. 18-0776; Supreme Court Opinion 4/22/2020; Affirmed
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Synopsis
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Grievant has been a professional employee for Respondent since 2009. Grievant served as a half-time principal and half-time teacher at Valley Head School for approximately six years. Valley Head was designated for closure at the conclusion of the 2016-2017 school year. Because of the closure of her school, by letter dated March 17, 2017, Grievant was notified that she would be recommended for transfer for the upcoming 2017-2018 school year. She was advised of her right to request a hearing before the Board of Education. Grievant is alleging improprieties regarding her transfer. There being no positions which were lateral to Grievant’s position as a half principal/half teacher, she was not entitled to direct placement into any other position in the county.
Respondent asserts that the filing of this grievance was clearly untimely. This grievance was filed far beyond the 15-day time requirement of the grievance statute, and no explanation or excuse for the untimely filing has been offered. Grievant did not file a grievance until August 1, based upon a transfer that was approved on April 18, so this grievance is untimely.
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