Database Search Result Details
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First Name
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Erin
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Last Name
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Thomas
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Decision Date
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2/2/2018
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Docket Number
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2015-0431-BerED
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ALJ
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RLR
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Respondent
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Berkeley 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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Dismissed; Termination; Dismissal
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Primary Issues
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Whether Grievant’s felony conviction, sentencing agreement and revocation of his teaching certificate has rendered this matter moot.
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Outcome
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Dismissed; Moot
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Statutes
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W. Va. Code § 61-8D-5(a)
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Related Cases
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Brackman v. Div. of Corr./Anthony Corr. Center, Docket No. 02-CORR-104 (Feb. 20, 2003); Gibb v. W. Va. Div. of Corr., Docket No. 98-CORR-152 (Sept. 30, 1998); Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Marcum v. Mingo County Bd. of Educ., Docket No. 2017-1502-MinED (June 24, 2017); Backett v. Dep’t of Health & Human Res., & Div. of Pers., Docket No. 2013-0078-DHHR (Aug. 20, 2013)
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Keywords
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Termination; Suspension; Arrest; Convicted Felon; Motion to Dismiss; Relief; Moot
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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, a teacher, was convicted of the felony offense of sexual abuse by a person in a position of trust following a jury trial in Berkeley County Circuit Court. Grievant sought alternative sentencing by agreeing not to pursue or accept any employment in a teaching capacity where minors are present. In addition, Grievant’s teaching certificate and endorsement were permanently revoked by an Order issued by the State Superintendent of Schools. When Grievant engaged in a voluntary act that removed him from possible employment, any subsequent decision on the merits is a meaningless exercise, and constitutes an advisory opinion. Accordingly, this grievance is dismissed.
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