Database Search Result Details
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First Name
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Daniel
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Last Name
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Porterfield
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Decision Date
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12/11/2020
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Docket Number
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2021-0285-MCTC
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ALJ
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BTC
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Respondent
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Mountwest Community and Technical College
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Employment Type
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HE
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Job Title
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Maintenance Worker II
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Topics
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Dismissal; Moot
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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. § 156-1-3
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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); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Stewart v. Div. of Corr., Docket No. 04-CORR-430 (May 31, 2005); Jarrell v. Raleigh County Bd. of Educ. Docket No. 95-41-479 (July 8, 1996)
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Keywords
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Motion to Dismiss; Harassment; 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 filed this grievance alleging harassment and requesting termination or removal from position of the alleged harasser. Respondent moved to dismiss the grievance asserting Grievant had resigned from his position and that the grievance was untimely and had failed to state a claim upon which relief may be granted. As Grievant grieved only a condition of employment and has now resigned from his employment the grievance is moot. Accordingly, Respondent’s motion to dismiss should be granted and this grievance dismissed.
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