Database Search Result Details
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First Name
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Elizabeth
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Last Name
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Loy
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Decision Date
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12/21/2018
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Docket Number
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2018-1195-BOE
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ALJ
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RLR
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Respondent
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Board of Education
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Employment Type
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DOE
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Job Title
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Director
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Topics
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Default; Remedy
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Primary Issues
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Whether the remedy requested by Grievant is contrary to law.
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Outcome
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Granted
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Statutes
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Related Cases
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Hoff v. Bd. of Trustees, Docket No. 93-BOT-104 (June 30, 1994); Flowers v. W.Va. Bd. of Trustees, Docket No. 92-BOT-340 (Feb. 26, 1993); Lohr v. Div. of Corr., Docket No. 99-CORR-157D (Nov. 15, 1999); Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977); Bailey v. W. Va. Dep’t of Trans., Docket No. 94-DOH-389 (Dec 20, 1994); Blaney v. Wood Cnty Bd. of Educ., Docket No. 03-54-169 (Jan. 16, 2004); Hays v. Hampshire Cnty Bd. of Educ., Docket No. 03-14-327 (Jan. 30, 2004); Blackburn v. Brooke Cnty Bd. of Educ., Docket No. 2009-0618-BroED (May 27, 2009); Cambell v. Raleigh Cnty Bd. of Educ., Docket No. 2011-1443-RalED (Nov. 18, 2011); Marsicano v. Marion Cnty Bd. of Educ., Docket No. 2009-0500-MrnED (April 23, 2009)
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Keywords
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Default Remedy; Policy; Investigative Report; Relief
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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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The record indicates that Respondent defaulted, and has acknowledged that it has no statutorily accepted excuses for its default. Since Grievant prevailed on the merits by default, the sole issue is whether the remedy sought by Grievant is contrary to law or contrary to proper and available remedies. The Respondent has the burden of proving this affirmative defense by a preponderance of the evidence. Grievant stipulated that the sole item of relief now sought is a copy of report of an investigation conducted regarding Grievant. Since the suspension and investigation were matters of discipline, the report of investigation should have been part of Grievant’s personnel file pursuant to Respondent’s applicable policy. The request for this report is not is contrary to law or contrary to proper and available remedies.
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