Database Search Result Details
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First Name
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Theresa
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Last Name
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Holt
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Decision Date
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11/9/2020
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Docket Number
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2020-0120-KanED
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ALJ
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BTC
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Respondent
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Kanawha County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Discrimination
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Primary Issues
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Whether Grievant proved that Respondent’s failure to provide her with an additional planning period is discriminatory.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d); W. Va. Code § 18A-4-14(b)(1)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994)
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Keywords
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Discrimination; Job Responsibilities; Planning Period
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 12/8/2020; Judge Kaufman, Civil Action No. 20-AA-85
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as a classroom teacher at Mary Ingles Elementary School teaching special education. Although Grievant receives the planning period required by statute, Grievant protests Respondent’s failure to provide her an additional planning period as other classroom teachers have been provided, asserting discrimination. Respondent’s failure to provide Grievant with an additional planning period is not discriminatory as the difference in treatment is related to Grievant’s job responsibilities. Accordingly, the grievance is denied.
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