Database Search Result Details
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First Name
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Muhammad
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Last Name
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Amjad
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Decision Date
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12/28/2021
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Docket Number
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2022-0151-MU
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ALJ
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WBM
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Respondent
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Marshall University
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Employment Type
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HE
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Job Title
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Associate Professor
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Topics
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Dismissed; Moot
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that no relief is available to Grievant, and this matter is moot.
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Outcome
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Moot
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Statutes
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W. Va. Code § 6C-2-4(a)(4); 156 C.S.R. 1 § 6.11
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Related Cases
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Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Bragg v. Dept. 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); Komorowski v. Marshall County Bd. of Educ., No. 11-1659 and 11-1767 (W. Va. Supreme Court, February 22, 2013) (memorandum decision); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991)
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Keywords
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Motion to Dismiss; Moot; Relief
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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 seeks to have the denial of a promotion to the rank of Professor reversed. Grievant had also been dismissed from employment and file a grievance contesting that action. Grievant withdrew the grievance contesting his dismissal prior to the resolution of the grievance related to the promotion. There is no remedy available in the promotion grievance since Grievant is no longer employed by Respondent. Any decision would be advisory, and the Grievance Board does not issue advisory opinions. This matter is moot.
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