Database Search Result Details

First Name Melinda
Last Name Hollander
Decision Date 4/16/2018
Docket Number 2017-2049-WVU
ALJ BLG
Respondent West Virginia University
Employment Type HE
Job Title Program Coordinator
Topics Contract Renewal
Primary Issues Whether Grievant demonstrated that the failure to renew her contract was arbitrary and capricious.
Outcome Denied
Statutes
Related Cases 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)
Keywords Contract Non-Renewal; At-Will Employee; Faculty Equivalent; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis 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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