Database Search Result Details
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First Name
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Thomas
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Last Name
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Evans
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Decision Date
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3/3/2020
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Docket Number
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2019-1196-WVU
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ALJ
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JSF
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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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Director/Professor
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Grievant proved that he had a property right in continued employment beyond the expiration of his employment contract.
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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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Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977); Hall v. Mingo County Bd. of Educ., Docket No. 95-29-529 (Mar. 28, 1996); Smith v. Higher Educ. Policy Comm'n/Fairmont State College, Docket No. 02-HEPC-144 (Dec. 18, 2002); Whitaker v. Bd. of Directors/West Liberty State College, Docket No. 99-BOD-231 (Jan. 11, 2000); Adkins v. Inco Alloys Int'l Inc., 187 W.Va. 219, 417 S.E.2d 910 (1992); Board of Regents v. Roth, 408 U.S. 564 (1972) and Perry v. Sinderman, 408 U.S. 593 (1972); State ex rel. Tuck v. Cole, 182 W.Va. 178, 180, 386 S.E.2d 835, 837 (1989); Colson v. WVU, Docket No. 2013-1554-WVU (Feb. 2014); Page v. Columbia Nat. Res., 198 W. Va. 378, 382, 480 S.E.2d 817, 821 (1996)
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Keywords
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Termination; Annual Contract; Policy; 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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From 2010 to 2018, Grievant was employed by WVU in a non-tenure track position through annual contracts ending on June 30th of each year. On June 28, 2018, WVU placed Grievant on leave while it investigated allegations of misconduct against him. WVU never renewed Grievant’s contract beyond June 30, 2018, but continued employing Grievant until his dismissal on February 25, 2019. Grievant implies he has a property right to continued employment based on his expectation of renewal. He contends WVU’s non-retention decision was arbitrary and capricious. Grievant did not prove by clear and convincing evidence that he had a property right to continued employment. Therefore, WVU was not required to provide a reasonable basis for not retaining him. Accordingly, this grievance is DENIED
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