Database Search Result Details
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First Name
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Samantha
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Last Name
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Ashby
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Decision Date
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9/4/2019
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Docket Number
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2019-0737-PSCWVU
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ALJ
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BTC
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Respondent
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West Virginia University Potomac State College/ AND
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Employment Type
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HE
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Job Title
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Administrative Associate
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved the grievance is now moot as Grievant is no longer an employee.
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Outcome
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Moot
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Statutes
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W. Va. Code St. R. § 156-1-3; W. Va. Code § 6C-2-1(a)
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Related Cases
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Schade v. W. Va. Univ., No. 18-0512 (W. Va. Supreme Court, June 7, 2019); Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); 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); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991).” Priest v. Kanawha County Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Stalnaker v. Div. of Corr., Docket No. 2013-1084-MAPS (Mar. 26, 2014); Dunlap v. Dep't of Environmental Protection, Docket No. 2008-0808-DEP (Mar. 20, 2009); Vest v. Bd. of Educ., 193 W. Va. 222, 225, 455 S.E.2d 781, 784 (1995)
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Keywords
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Motion to Dismiss; Employee; 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 filed this grievance protesting a written warning and the extension of her probationary period and alleging harassment/hostile work environment. Respondent moved to dismiss the grievance asserting mootness as Grievant had resigned from employment. Relief for the allegation of harassment/hostile work environment is unavailable as the Grievance Board has no authority to award tort-like damages. Relief for the written warning is moot as Grievant suffered no loss of pay. Accordingly, Respondent’s motion to dismiss should be granted, and this grievance, dismissed.
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