details - Public Grievance Board

First Name	Mycah
Last Name	Auville
Decision Date	3/21/2022
Docket Number	2022-0593-WooED
ALJ	BTC
Respondent	Wood County Board of Education
Employment Type	PROF
Job Title	Special Education Teacher
Topics	Dismissed; Failure to State a Claim
Primary Issues	Whether this grievance must be dismissed for failure to state a claim upon which relief can be granted.
Outcome	Remedy Wholly Unavailable
Statutes	W. Va. Code St. R. § 156-1-6.19.3; W.Va. Code § 6C-3-2(1); W. Va. Code § 6C-2-2(i)(1)
Related Cases	Dooley v. Dept. of Trans./Div. of Highways, 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); Biggerstaff v. Mingo County Bd. of Educ., Docket No. 02-29-384D (Mar. 24, 2003); Priest v. Kanawha County Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000); Dooley v. Dept. 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); Matney v. Dep't of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013); Barker v. Lincoln County Bd. of Educ., Docket No. 98-22-496 (Mar 30, 1999)
Keywords	Motion to Dismiss; Failure to State a Claim; Relief
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant is employed by Respondent as a teacher. In her grievance filing, Grievant asserted she may be subject to reprisal in the future based on her filing of a citizen’s complaint against Respondent. As relief, she sought preemptive actions to prevent this possible reprisal. Respondent moved to dismiss the grievance for failure to state a claim upon which relief may be granted and as the relief requested is wholly unavailable. Respondent’s motion must be granted as the grievance alleged no injury in fact, was speculative and premature, and requested remedies that are wholly unavailable. Accordingly, the grievance is dismissed.

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