Database Search Result Details
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First Name
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Sarder
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Last Name
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Sadique
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Decision Date
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3/16/2018
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Docket Number
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2017-1932-MU
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ALJ
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BTC
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Respondent
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Marshall University
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Employment Type
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HE
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Job Title
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Assistant Professor
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved that Grievant’s level three appeal was not timely filed.
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Outcome
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Dismissed; Untimely
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-2(c); W. Va. Code § 6C-2-4(a)(2)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998)
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Keywords
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Motion to Dismiss; Untimely Filing; Time Limits; Level Three Appeal
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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 was employed as a probationary tenure-track Assistant Professor by Respondent. Grievant grieved his non-retention in that position. Grievant filed his appeal to level three more than a month late, and Respondent moved to dismiss the grievance as the appeal was untimely. Grievant did not respond to Respondent’s motion to dismiss, but had sought an extension to file his level three appeal because he was out of the country. Grievant’s presence outside of the country is not a proper basis to excuse his failure to file in a timely manner. Accordingly, the grievance is dismissed.
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