Database Search Result Details

First Name Abdel-Fatah
Last Name Massoud
Decision Date 7/30/2019
Docket Number 2018-1348-CONS
ALJ JSF
Respondent West Virginia University
Employment Type HE
Job Title Assistant Professor
Topics Contract
Primary Issues Whether Grievant proves that he had acquired a property right in his continued employment beyond the expiration of his employment contract.
Outcome Denied
Statutes W. Va. Code § 6C-1-3(a); W.Va. Code § 6C-2-3(h)
Related Cases State ex rel. Tuck v. Cole, 182 W.Va. 178, 181, 386 S.E.2d 835, 838 (1989); W. Va. Univ. v. Sauvageot, 185 W. Va. 534, 408 S.E.2d 286 (1991); Whitaker v. Bd. of Directors/ West Liberty State College, Docket No. 99-BOD-231 (Jan. 11, 2000), citing Adkins v. Inco Alloys Int’l Inc., 187 W.Va. 219, 417 S.E.2d 910 (1992); Loundmon-Clay v. Higher Educ. Policy Comm’n/Bluefield State College, Docket No. 02-HEPC-013 (Aug. 29, 2002), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 02-AA-117 (Jan. 12, 2005); Williams v. Brown, 190 W. Va. 202, 437 S.E.2d 775 (1993); Harless v. First Nat’l Bank, 169 W. Va. 673, 246 S.E.2d 270 (1978); Dufficy v. Div. of Military Affairs, Docket No. 93-DPS-370 (June 16, 1994); Birthisel v. Tri-Cities Health Services Corp., 188 W. Va. 371, 424 S.E.2d 606 (1992); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004); Williamson v. Division of Highways, Docket No. 2016-0608-CONS (September 22, 2016); Vannoy v. FRB of Richmond, 827 F.3d 296, 304-305 (4th Cir. Va. 2016)
Keywords Contract; Non-Renewal; Retaliatory Discharge; Public Policy; Retaliation; FMLA
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed through an annual contract as an Assistant Professor with WVU. Grievant’s employment with WVU included an additional role as Medical Director of Sharpe Hospital. WVU did not renew Grievant’s contract. Grievant contends that he is entitled to be reinstated because his non-renewal was motivated by discrimination and retaliation, and because he was functionally demoted for the remainder of his term. Grievant further contends that Respondent violated FMLA in the manner it implemented his non-renewal. Grievant claims WVU was obligated to provide cause for non-renewal. Grievant did not prove that he had a property interest in continued employment. Therefore, any consideration of Grievant’s lack of cause and functional demotion arguments are moot. Grievant also did not prove his claims of discrimination, retaliation, and FMLA violations. Accordingly, this grievance is Denied.

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