Database Search Result Details
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First Name
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Michael
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Last Name
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Burch
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Decision Date
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7/12/2019
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Docket Number
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2019-0862-RoaED
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ALJ
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BTC
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Respondent
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Roane 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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Remedy Wholly Unavailable
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Primary Issues
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Whether the remedy requested is wholly unavailable and moot.
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Outcome
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Dismissed
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Statutes
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W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 18A-3-2
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Related Cases
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Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009); Mitias v. Pub. Serv. Comm’n, Docket No. 05-PSC-107R (Sept. 22, 2010), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 10-AA-185 (Sept. 11, 2012)
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Keywords
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Motion to Dismiss; Professional Teaching Certificates; Lack of Standing; Remedy; Moot
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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 Roane County Board of Education as a teacher. Grievant protests the termination of his employment. Respondent moved to dismiss asserting the grievance should be dismissed for lack of standing and mootness as Grievant’s teaching certificates had been suspended by the State Board of Education. Grievant admits his teaching certificates have been suspended for other misconduct but disputes the allegations of misconduct that were the subject of this grievance. The remedy requested, to be reinstated to his teaching position, is wholly unavailable and moot as Grievant no longer possesses the required teaching certificates. Accordingly, the grievance is dismissed.
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