Database Search Result Details
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First Name
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Bonita
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Last Name
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Redd
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Decision Date
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1/19/2021
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Docket Number
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2019-1849-McdED
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ALJ
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JSF
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Respondent
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McDowell 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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Performance Evaluation
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Primary Issues
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Whether Grievant proved that Respondent subjected her to harassment or a hostile work environment.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 126-162-4.2 (2002); W. Va. Code § 6C-2-3(c)(1)
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Related Cases
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Baker v. Fayette County Bd. of Educ., Docket No. 94-10-427 (Jan. 24, 1995); Kinder v. Berkeley County Bd. of Educ., Docket No. 02-87-199 (June 16, 1988); Higgins v. Randolph County Bd. of Educ., 168 W. Va. 448, 286 S.E.2d 682 (1981); Turner v. Boone County Bd. of Educ., Docket No. 05-03-278 (Oct. 31, 2005); Romeo v. Harrison County Bd. of Educ., Docket No. 17-88-013 (Sept. 30, 1988); Jones v. Braxton County Bd. of Educ., Docket No. 97-04-311 (Apr. 28, 1998); Bailey v. Kanawha County Bd. of Educ., Docket No. 2009-1594-KanED (Jan. 19, 2010); Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995); Frymier v. Higher Education Policy Comm., 655 S.E.2d 52, 221 W. Va. 306 (2007)
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Keywords
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Performance Evaluation; Unsatisfactory; Professional Conduct; Policy and Procedure; Employee Code of Conduct; Discrimination; Harassment; Hostile Work Environment; Arbitrary and Capricious
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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 2/20/2021; Judge Bloom, Civil Action No. 21-AA-7, Affirmed 7/8/2021
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Supreme Court
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Grievant appealed to WVSC, No. 21-0635, Affirmed 5/12/2022
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Synopsis
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Grievant has been employed as a teacher by Respondent, McDowell County Board of Education, for 35 years. After a parent complained that Grievant publicly criticized students during an awards assembly, Respondent did not discipline Grievant but addressed the incident through her year-end evaluation. Grievant challenges the negative reviews on her evaluation and claims a lack of due process, discrimination, harassment, retaliation, and violations of various laws and policies. Grievant failed to prove any of her claims. Accordingly, this grievance is DENIED.
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