Database Search Result Details
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First Name
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Debra
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Last Name
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Tenney
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Decision Date
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1/25/2022
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Docket Number
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2022-0143-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources
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Employment Type
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STATE
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Job Title
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Topics
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Dismissal; Untimely
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Primary Issues
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Whether Grievant filed her appeal to level two of the grievance process within the timeframe required by statute.
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Outcome
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Untimely
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(2)
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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); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996)
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Keywords
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Motion to Dismiss; Untimely Filed; Timelines
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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 was employed by Respondent and grieved an alleged hostile work environment. Respondent moved to dismiss the grievance when Grievant failed to timely file to level two following the denial of her grievance at level one of the grievance process. Grievant failed to file within the timeframe required by statute and failed to respond to the motion to dismiss to provide any excuse for her late filing. Accordingly, the grievance is dismissed.
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