Database Search Result Details
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First Name
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Paula
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Last Name
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McCoy
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Decision Date
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1/10/2020
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Docket Number
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2017-2137-WVSU
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ALJ
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WBM
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Respondent
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West Virginia State University
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Employment Type
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HE
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Job Title
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Associate Professor
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Topics
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Promotion
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Primary Issues
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Whether Grievant proved that she met and exceeded the WVSU Handbook criteria for promotion to full professor.
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Outcome
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Granted
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Statutes
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Related Cases
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Harrison v. W. Va. Bd. of Directors, Docket No. 93-BOD-400 (Ap. 11, 1995); Sui v. Johnson, 784 F.2d 238 (4th Cir. 1984); Jones v. W. Va. Dep't of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Pine v. W. Va. Dep't of Health & Human Res., Docket No. 95-HHR-066 (May 12, 1995); Yerrid v. Div. of Highways, Docket No. 2009-1692-DOT (Mar. 26, 2010); Shores v. W. Va. Parkways Econ. Dev. & Tourism Auth., Docket No. 2009-1583-DOT (Dec. 1, 2009); Petersen v. West Virginia University/Potomac State College, Docket No. 2014-1625-PSCWVU
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Keywords
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Promotion; Full Professor; Scholarly Achievement; Teaching Excellence; Qualifications; 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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Respondent denied Grievant a promotion to full professor based upon the then provost’s view that show had failed to demonstrate “scholarly achievement” in her portfolio. Grievant proved that she had received a positive recommendation for promotion from her faculty chair, the interview committee, and the dean. The present interim provost also believes Grievant met the criteria set out in the faculty handbook for promotion to full professor. Grievant proved that the reasons for the denial were not supported by the faculty handbook and the decision to deny her promotion was arbitrary and capricious.
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