Database Search Result Details
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First Name
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Franklin
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Last Name
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Hairston
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Decision Date
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2/7/2019
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Docket Number
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2017-2508-CONS
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ALJ
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RLR
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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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Program Specialist
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that Grievant failed to maintain the standards of performance.
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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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Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Taylor v. W. Va. Univ., Docket No. 2009-1478-WVU (Oct. 30, 2009); Aglinsky v. W. Va. Univ., Docket No. 97-BOT-256 (Oct. 27, 1997); Miller v. Higher Education Policy Commission/Marshall University, Docket No. 03-HEPC-340 (Jan. 21, 2004); Jordan v. Mason County Bd. of Educ., Docket No. 99-26-8 (July 6, 1999)
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Keywords
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Termination; Discipline Policy and Procedure; Progressive Discipline; Discrimination
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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 was hired on June 7, 2016, as a Program Specialist in the WVU School of Dentistry. Grievant was responsible for independently, professionally and effectively managing all dental student recruitment and graduate/postdoctoral admissions function within the School of Dentistry. The applicable policy in the instant case provides that progressive discipline be used with employees to correct deficiencies. In this case, once progressive discipline was used to no avail, Respondent was justified in exercising its discretion to terminate Grievant’s employment because he continued to perform the duties of his position in an unsatisfactory manner. Grievant failed to establish that he was victim of discrimination. Accordingly, this grievance is denied.
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