Database Search Result Details
First Name
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Melinda
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Last Name
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Hollander
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Decision Date
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4/16/2018
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Docket Number
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2017-2049-WVU
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ALJ
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BLG
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Program Coordinator
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Topics
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Contract Renewal
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Primary Issues
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Whether Grievant demonstrated that the failure to renew her contract was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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State ex rel. Tuck v. Cole, 182 W. Va. 178, 181, 386 S.E.2d 835 (1989); Loundmon-Clay v. Higher Educ. Policy Comm’n/Bluefield State Coll., Docket No. 02-HEPC-013 (Aug. 29, 2002); Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977); Hall v. Mingo County Bd. of Educ., Docket No. 95-29-529 (Mar. 28, 1996); Smith v. Higher Educ. Policy Comm’n/Fairmont State Coll., Docket No. 02-HEPC-144 (Dec. 18, 2002)
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Keywords
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Contract Non-Renewal; At-Will Employee; Faculty Equivalent; Arbitrary and Capricious
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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 by Respondent as an at-will, non-classified employee, employed pursuant to an annual contract. Grievant’s contract was not renewed. Grievant argued that the action was arbitrary and capricious. Grievant and her supervisor were unable to communicate with each other in an effective manner, and Grievant’s supervisor wanted someone in the position who was more responsive to her needs, among other things. Grievant did not demonstrate that these were not factors which could be considered when deciding whether her contract should be renewed, or that the decision not to renew her contract was unreasonable under the circumstances.
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