Database Search Result Details

First Name Donna
Last Name Joy
Decision Date 1/17/2018
Docket Number 2017-2478-JefED
ALJ RLR
Respondent Jefferson County Board of Education
Employment Type PROF
Job Title Teacher
Topics Corrective Action Plan; Default
Primary Issues Whether default occurred at level one.
Outcome Default Conceded; Remedy Granted
Statutes W. Va. Code § 6C-2-3(b)(1)
Related Cases Donnellan v. Harrison County Bd. of Educ., Docket No. 02-17-003 (Sept. 20, 2002); Browning v. Logan County Bd. of Educ., Docket No. 2008-0567-LogED (Oct. 24, 2008); Hanlon v. Logan County Bd. of Educ., 201 W. Va. 305, 496 S.E.2d 447 (1997); Dunlap v. Dep’t of Envtl. Prot., Docket No. 2008-0808-DEP (Dec. 8, 2008)
Keywords Default; Conceded; Corrective Action Plan; Personal Leave of Absence; Level One Decision; Remedy
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant argues that a default occurred at Level One of the grievance process because the decision was not issued within fifteen days after the conclusion of the conference as required by statute. Respondent acknowledges that a timely written decision was not issued by Superintendent Gibson. The issue in this case is the continuation of a Focused Support Plan and Grievant’s request that this plan be removed. The record established that Grievant is entitled to this relief as it is neither contrary to law nor contrary to proper and available remedies. Accordingly, for the limited purpose of this proceeding, Respondent is ordered to remove the Focused Support Plan.

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