Database Search Result Details
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First Name
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Cindy
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Last Name
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Scott
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Decision Date
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11/20/2019
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Docket Number
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2019-0508-WVU
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ALJ
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RLR
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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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Senior Investigator
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Topics
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Performance Evaluation
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Primary Issues
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Whether Respondent’s failure to rescind of alter the language of Grievant’s annual performance evaluation is arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 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)
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Keywords
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Performance Evaluation; Letter of Warning; Relief; Arbitrary and Capricious
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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 a Senior Investigator, under an annual contract, at the time this grievance was filed. Grievant seeks to have a reference to a letter of warning redacted from her 2017 performance evaluation. Grievant seeks this removal on the allegation that to not do so by Respondent would be arbitrary and capricious. Grievant also seeks removal of this reference on the theory that it might damage her future employment opportunities. The record did not support a finding that Respondent’s actions were arbitrary and capricious. Any type of relief regarding potential future employment opportunities would be speculative and would merely be an advisory opinion from the undersigned. This grievance is denied.
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