Database Search Result Details

First Name Deanna
Last Name Romano
Decision Date 2/20/2020
Docket Number 2020-0556-SWCTC
ALJ CHL
Respondent Southern West Virginia Community and Technical College
Employment Type HE
Job Title Vice President for Academic Affairs
Topics Dismissal Order
Primary Issues Whether this grievance should be dismissed.
Outcome Withdrawn
Statutes W. Va. Code St. R. § 156-1-6.19 (2018); W. Va. Code St. R. § 156-1-6.19.2; W. Va. Code St. R. § 156-1-6.19.3; W. Va. Code 6C-2-1; W. Va. Code § 6C-2-3(d)
Related Cases Brackman v. Div. of Corr./Anthony Corr. Center, Docket No. 02-CORR-104 (Feb. 20, 2003); 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); Pritt, et al., v. Dep’t of Health & Human Res., Docket No. 2008-0812-CONS (May 30, 2008); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009); 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)
Keywords Dismiss; Withdrawn; De Novo; Moot; Relief; Advisory Opinions; Professional Discipline; Merits; Controversy; Failure; Reinstatement
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant withdrew her grievance at level one before the issuance of the level one decision. Nonetheless, the level one grievance evaluator did not dismiss the grievance as withdrawn, and instead denied the grievance for failure to state a claim. Grievant appealed the level one decision seeking a retraction and revision of the level one decision to reflect that the grievance was withdrawn, but also seeks a level three evidentiary hearing so that she can build a record upon which to seek professional discipline against the level one grievance evaluator. As Grievant withdrew her grievance at level one and has not sought reinstatement, or to pursue the merits of her claim, this matter is hereby DISMISSED AS WITHDRAWN.

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