Database Search Result Details
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First Name
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Ruben
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Last Name
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Wright
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Decision Date
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2/17/2021
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Docket Number
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2020-0657-McdED
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ALJ
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RLR
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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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Dismissal; Untimely
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Primary Issues
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Whether Respondent has established by a preponderance of the evidence that this grievance was untimely filed.
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Outcome
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Untimely
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Statutes
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W. Va. Code § 6C-2-1; W. Va. Code § 6C-2-3(a)(1)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Lynch v. W. Va. Dep’t of Transp., Docket No. 97-DOH-060 (July 16, 1997), aff’d, Circuit Court of Kanawha County, No. 97-AA-110 (Jan. 21, 1999); Kessler v. W. Va. Dep’t of Transp., Docket No. 96-DOH-445 (July 28, 1997); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998)
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Keywords
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Motion to Dismiss; Timelines; Untimely Filed
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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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The record of this case demonstrates by a preponderance of the evidence that Grievant failed to file a grievance within fifteen days following the occurrence of the events upon which the grievance is based. Accordingly, this grievance is dismissed as untimely.
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