Database Search Result Details
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First Name
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Mellisa
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Last Name
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Walker
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Decision Date
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2/7/2019
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Docket Number
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2018-1221-JefED
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ALJ
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RLR
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Respondent
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Jefferson County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Sick Leave
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Primary Issues
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Whether Grievant established that the Sick Leave Bank Committee’s actions were a violation of its Policy, or arbitrary and capricious in disapproving her application.
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Outcome
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Denied
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Statutes
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Related Cases
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Dyer v. Lincoln County Bd. of Educ., Docket No. 95-22-494 (June 28, 1996); W. Va. Dep’t of Health v. Blankenship, 189 W. Va. 342, 431 S.E.2d 681 (1993)
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Keywords
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Sick Leave Bank Policy; Application; Medical Condition; 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 was employed by Respondent as a classroom teacher during the 2017-2018 school year. Grievant submitted a request for days of sick leave from Respondent’s Sick Leave Bank. The Committee charged with reviewing and approving or disapproving these requests voted unanimously to disapprove Grievant’s request. The record of this case did not support a finding that this action was in violation of the applicable policy, or an action that could be viewed as arbitrary and capricious. Accordingly, this grievance is denied.
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