Database Search Result Details
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First Name
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Charles
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Last Name
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Werntz III
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Decision Date
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6/3/2019
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Docket Number
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2018-1265-WVU
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ALJ
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JSF
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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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Associate Professor/Physician
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Topics
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Contract
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Primary Issues
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Whether Grievant proved that WVU’s email policy mandates WVU to provide Grievant access to his WVU email account for personal use.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-4(b)(2)
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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); Crockett v. Andrews, 153 W. Va. 714, 172 S.E.2d 384 (1970); Habursky v. Recht, 180 W. Va. 128, 375 S.E.2d 760 (1988); Smith v. Cabell County Bd. of Educ., Docket No. 99-06-248 (Oct. 28, 1999); McClain Adm'r. v. Davis, 37 W. Va. 330, 16 S. E. 629, 18 L.R.A. 634, HN4
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Keywords
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Email Policy; Personnel Email; Non-Renewal of Contract
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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 as WVU faculty for over twenty years, until the non-renewal of his contract. WVU deactivated Grievant’s University email account months ahead of his last workday. Grievant contends that WVU’s email policy allows him account access until his last day of employment. Grievant is no longer employed by WVU, but demands access to personal emails in his WVU email account. Even though Grievant proved that WVU’s email policy allowed him access to his WVU email account until his last day of employment, and that he was permitted to use the account for personal purposes, he did not prove that WVU’s policy mandated that WVU allow him access to his account for personal use. Accordingly, the grievance is Denied.
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