Database Search Result Details
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First Name
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John
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Last Name
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Dutko, et al
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Decision Date
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12/14/2021
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Docket Number
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2021-2021-CONS
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ALJ
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RLR
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Respondent
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Berkeley County Board of Education
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Employment Type
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SERV
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Job Title
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Bus Operators/Aides
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Topics
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Discrimination
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Primary Issues
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Whether Grievants demonstrated by a preponderance of the evidence that they were required to do any duties that fell outside of their job descriptions.
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Outcome
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Denied
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Statutes
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W. Va. CODE § 6C-2-2(d)
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Related Cases
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Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985)
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Keywords
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Discrimination; Job Duties; Policy; COVID-19; Arbitrary and Capricious
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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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Grievants work with students who are provided special education and related services by Berkeley County Schools. Grievants allege that they were assigned contact with students during the pandemic while others employed by Respondent were not assigned such contact. Grievants failed to prove any discrimination in the case. Grievants failed to prove any basis to deny in-person education to special education students during the pandemic.
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