Database Search Result Details
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First Name
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Mengyang
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Last Name
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Li
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Decision Date
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1/29/2019
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Docket Number
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2018-0654-SU
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ALJ
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JSF
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Respondent
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Shepherd University
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Employment Type
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HE
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Job Title
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Associate Professor
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that this grievance was filed untimely.
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Outcome
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Dismissed; Untimely
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Statutes
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W. Va. Code § 6C-2-4; W. Va. Code § 6C-2-3(c)(1)
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Related Cases
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Sayre v. Mason Cnty. Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason Cnty., No. 96-C-02 (June 17, 1996); Ball v. Kanawha Cnty. Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Carnes v. Raleigh Cnty. Bd. of Educ., Docket No. 01-41-351 (Nov. 13, 2001); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason Cnty. Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998)
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Keywords
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Motion to Dismiss; Untimely Filed; Time Period
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 3/18/19; Civil Action No. 19-AA-22; Judge Tabit; Final Order 1/24/2020; Affirmed
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Supreme Court
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Synopsis
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Grievant is employed as an Associate Professor by Respondent, Shepherd University. In his level one grievance, Grievant alleges that Respondent misinterpreted the minimum qualifications for promotion to Professor when it denied his application for promotion on May 3, 2017, and by then engaging in a continuing practice of misinterpreting the criteria for promotion in letters it sent him up through October 12, 2017, rendering his October 30, 2018, grievance filing timely. Grievant alleges that Respondent replied to his concern of harassment and discrimination in his promotion application process for the first time on October 12, 2017, thus rendering his October 30, 2017, filing thereon timely. Grievant made new allegations of harassment and discrimination in his level three appeal filed on May 4, 2018. At level one, Respondent made an oral motion to dismiss the grievance due to untimeliness and renewed that motion during the level three hearing. Respondent proved by a preponderance of the evidence that the grievance was filed untimely. Grievant failed to prove that he had a proper basis to excuse his untimely filing. Accordingly, the grievance is dismissed.
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