Database Search Result Details
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First Name
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Colin
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Last Name
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Sprouse
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Decision Date
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12/29/2020
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Docket Number
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2020-0886-GilED
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ALJ
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BTC
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Respondent
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Gilmer 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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Coach
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Topics
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Dismissal
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Primary Issues
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Whether this grievance is moot.
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Outcome
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Moot
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Statutes
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W. Va. Code St. R. § 156-1-6.19.2; W. Va. Code St. R. § 156-1-6.19.3
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Related Cases
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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); 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); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Baker v. Bd. of Directors, Docket No. 97-BOD-265 (Oct. 8, 1997)
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Keywords
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Motion to Dismiss; Advisory Opinion; Relief; Moot
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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 by Respondent as an academic coach. Grievant alleges nepotism, favoritism, and discrimination and seeks Respondent “be directed to correct the biased personnel situation” and “be directed to follow WV Code and local policy.” Grievant has now retired from employment. Respondent moved to dismiss the grievance as moot. As Grievant is retired, he is no longer subject to the conditions of employment he grieves. Grievant did not allege an economic injury that could be remedied. The grievance is moot. Accordingly, the grievance is dismissed.
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