Database Search Result Details
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First Name
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Timothy
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Last Name
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Dewitt
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Decision Date
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6/29/2018
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Docket Number
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2017-1503-WVUDEF
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ALJ
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LGB
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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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Technician
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Topics
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Default
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Primary Issues
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Whether default occurred at level one.
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Outcome
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Default Denied
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Statutes
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W. Va. Code § 2-2-1(a)(2); W. Va. Code §§ 6C-2-3 & 6C-2-4; 156 C.S.R. 1 § 2.1.4. (2008)
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Related Cases
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Frost v. Bluefield State Coll., Docket No. 2010-1564-BSC (Mar. 4, 2011); Browning v. Logan County Bd. of Educ., Docket No. 2008-0567-LogED (Oct. 24, 2008); Ferrell v. Regional Jail & Corr. Facility Auth., Docket No.2013-1030-MAPS (Apr. 26, 2013); Sawyers v. Dep’t of Health & Human Res., Docket No. 2011-0103-DHHR (Nov. 19, 2010); Iverson v. Div. Of Highways, Docket No. 2014-0150-DOT (Mar 13. 2014)
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Keywords
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Default; Level One Hearing; Working Days; Statutory Time Limits
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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 contends that WVU is in default because a Level One hearing was not held within 15 days of the filing of the grievance. The evidence indicates that the parties made a good-faith effort to find a mutually agreeable date for holding the Level One hearing but were unable to agree on a date and time, in some significant part because Grievant’s designated representative needed to travel from South Carolina to participate in the hearing. In these circumstances, WVU was neither negligent nor shown to have deliberately delayed the grievance process. Thus, any delay which occurred was justified within the meaning and intent of W. Va. Code § 6C-2-3(b)(1). Accordingly, a finding of default is denied.
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