Database Search Result Details
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First Name
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Jamil
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Last Name
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Chaudri
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Decision Date
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6/15/2018
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Docket Number
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2017-1220-MU
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ALJ
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LRB
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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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Professor
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Topics
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Graduate Faculty Membership Status
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Primary Issues
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Whether Respondent unlawfully denied Grievant Graduate Faculty status.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Karle v. Bd. Of Trustees/Marshall Univ., Docket No. 98-BOT-258 (Apr. 19, 1999); Nelson v. Bd. of Trustees/W. Va. Univ., Docket No. 99-BOT-514 (June 22, 2001); Baker v. Bd. of Trustees, Docket No. 97-BOT-359 (Apr. 30, 1998); Hart v. Bd. of Directors, Docket No. 95-BOD-198 (Mar. 6, 1996)
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Keywords
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Graduate Faculty Membership Status; Policy; Requirements; Favoritism; 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 is employed as a full professor with tenure at Marshall University. Grievant contends that Respondent illicitly denied him “Graduate Faculty” status. Grievant averts that Respondent’s agent(s) inequitable applied determining factors to access his application and qualifications. Grievant alleges discriminatory analysis of his accomplishments coupled with an arbitrary and capricious assessment process. Respondent maintains they followed appropriate policy and criteria in review of Grievant’s application. Respondent maintains, despite providing Grievant ample opportunity to document prerequisites, Grievant’s application was denied due to lack of evidence of continuing scholarly or creative activity over the five-year period immediately preceding his application, as required by relevant policy. Grievant did not established Respondent violated germane procedure, policy, or law. Grievant did not persuasively convey the non-renewal (denial) of his Graduate Faculty Membership Status is arbitrary and capricious, or discriminatory. Grievant did not achieve the burden of proof. This Grievance is denied.
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