| First Name | Walid |
| Last Name | Radwan |
| Decision Date | 12/2/2020 |
| Docket Number | 2019-1570-WVU |
| ALJ | JSF |
| Respondent | West Virginia University/Ruby Hospital |
| Employment Type | HE |
| Job Title | Resident Physician |
| Topics | Contract |
| Primary Issues | Whether Grievant proved by a preponderance of evidence that his non-renewal was motivated in contravention of a substantial public policy. |
| Outcome | Denied |
| Statutes | W. Va. Code § 6C-2-2(o); W. Va. Code § 6C-2-3(h) |
| Related Cases | P.E. v. Marshall Univ., Docket No. 06-HE-216 (Mar. 5, 2008); State ex rel. Tuck v. Cole, 182 W.Va. 178, 181, 386 S.E.2d 835, 838 (1989); W. Va. Univ. v. Sauvageot, 185 W. Va. 534, 408 S.E.2d 286 (1991); 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); Roach v. Reg’l Jail Auth., 198 W. Va. 694, 699, 482 S.E.2d 679, 684 (1996); Wounaris v. W. Va. State Coll., 214 W. Va. 241, 588 S.E.2d 406 (2003); Loundmon-Clay v. Higher Educ. Policy Comm’n/Bluefield State College, Docket No. 02-HEPC-013 (Aug. 29, 2002), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 02-AA-117 (Jan. 12, 2005); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004) |
| Keywords | Annual Contracts; Discrimination; Favoritism; Professionalism and Interpersonal Communications; Retaliation |
| Intermediate Court of Appeals | |
| Circuit Court | Grievant has appealed to Kanawha County Circuit Court 12/30/2020; Judge Salango; Civil Action No. 20-AA-91 |
| Supreme Court | |
| Synopsis | Grievant was employed as a resident physician by WVU via annual contract and was not renewed. Grievant contends his non-renewal was in retaliation for protesting harassment and discrimination and that WVU engaged in discrimination/favoritism by not dismissing other residents for similar conduct. He further claims an invalid employment contract transformed non-renewal into a disciplinary dismissal. Grievant did not prove a right to continued employment or that his non-renewal was motivated by retaliation, discrimination, or in contravention of substantial public policy. Accordingly, this grievance is DENIED. |