Database Search Result Details
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First Name
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Wayne
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Last Name
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Van Ellis
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Decision Date
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1/25/2022
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Docket Number
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2021-2416-WVU
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ALJ
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RLR
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Assistant Director
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Topics
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Contract Renewal
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that he was the victim of discrimination.
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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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P.E. v. Marshall Univ., Docket No. 06-HE-216 (Mar. 5, 2008); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Siu v. Johnson, 784 F.2d 238 (4th Cir. 1984); Smith v. Univ. of N. Carolina, 632 F.2d 316 (4th Cir. 1980); Kunda v. Muhlenberg College, 621 F.2d 532 (3d Cir. 1980); Gruen v. Bd. of Directors, Docket No. 95-BOD-281 (Mar. 6, 1997); Gomez-Avila v. W. Va. Bd. of Trustees, Docket No. 94-BOT-524 (Mar. 14, 1995); Schade v. W. Va. Univ., Docket No. 2011-0591-WVU (Dec. 21, 2011)
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Keywords
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Contract Renewal; Annual Contract; Discrimination; 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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Grievant was employed by West Virginia University as an Assistant Director in the division of Information Technology Services. Grievant was employed pursuant to an annual contract. Grievant was employed and paid for the entirety of his most recent annual contract for the 2020-2021 academic year. The clear language of Grievant’s annual contracts established that Grievant had no right or entitlement to a new annual contract, and Respondent had no duty or obligation to renew Grievant’s annual contract. Grievant was unable to produce any evidence of any right or expectation of continued employment. Grievant did not meet his burden of proof to show any entitlement or right to have his contract renewed. Grievant also failed to establish his claim of discrimination. This grievance is denied.
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