Database Search Result Details
|
First Name
|
Barbara
|
|
Last Name
|
Copenhaver-Bailey
|
|
Decision Date
|
9/6/2019
|
|
Docket Number
|
2019-1338-WVU
|
|
ALJ
|
JSF
|
|
Respondent
|
West Virginia University
|
|
Employment Type
|
HE
|
|
Job Title
|
Director of Assessment
|
|
Topics
|
Dismissed
|
|
Primary Issues
|
Whether Respondent proved that this grievance was not timely filed.
|
|
Outcome
|
Untimely; Remedy Wholly Unavailable
|
|
Statutes
|
W. Va. Code St. R. § 156-1-6.19.3; W. Va. Code § 6C-2-4; W. Va. Code § 6C-2-3(c)(1); W. Va. Code § 29-6A-4(a)
|
|
Related Cases
|
Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W. Va. Div. of Human Serv., Docket No. 90-DHS-524 (May 14, 1991); Lynch v. W. Va. Dep't of Transp., Docket No. 97-DOH-060 (July 16, 1997); Carnes v. Raleigh County Bd. of Educ., Docket No. 01-41-351 (Nov. 13, 2001); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Spahr v. Preston Cnty. Bd. of Educ., 182 W. Va. 726, 729, 391 S.E.2d 739, 742 (1990)
|
|
Keywords
|
Motion to Dismiss; Annual Contract; Timelines; Untimely Filed; Relief
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant is employed by WVU via annual contract. While Respondent triggered the filing of this grievance by notifying Grievant of the non-renewal of her annual contract on March 7, 2019, Grievant affirms that she is not grieving the non-renewal. Rather, Grievant contends that from February 14, 2017, until March 7, 2019, Respondent failed to provide her with an accurate job description or any information on her job duties. As relief, Grievant requests either a retirement severance package or a different position with WVU. Grievant also seeks an order directing WVU to admit it failed to follow statutes, policy, rules, and regulations, that WVU deal with similar situations more fairly and transparently in the future, and that WVU compensate Grievant for damages to her health and earning potential by awarding her another position commensurate with her skills. Respondent moves to dismiss this grievance, alleging that the grievance is untimely and that it seeks relief unavailable through the grievance process. Respondent has proven that this grievance is untimely and seeks relief unavailable through the grievance process. Accordingly, this grievance is dismissed.
|
Back to Results
Search Again