Database Search Result Details
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First Name
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Azam
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Last Name
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Bejou
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Decision Date
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4/18/2022
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Docket Number
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2021-0075-WVSU
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ALJ
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JSF
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Respondent
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West Virginia State 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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Remedy
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Primary Issues
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Whether Respondent proved that the remedy requested by Grievant was contrary to law or contrary to proper and available remedies.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 156-1-7; W. Va. Code § 6C-2-3(b)(2)
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Related Cases
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Leeson et al. v. Department of Transportation/ Division of Highways, Docket No. 06-DOH-033D; Hoff v. Bd. of Trustees, Docket No. 93-BOT-104 (June 30, 1994) and Flowers v. W.Va. Bd. of Trustees, Docket No. 92-BOT-340 (Feb. 26, 1993); Lohr v. Div. of Corrections, Docket No. 99-CORR-157D (Nov. 15, 1999)
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Keywords
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Remedy; Default; Relief; Merits
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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 filed this action to remedy Respondent’s rejection of her request for promotion to full Professor. Respondent had a duty to respond in a timely manner or face default. Default entails separate hearings: one to determine if a default occurred and another on the availability of the relief requested. Respondent conceded default, meaning Grievant prevails on the merits. The only matter at issue is whether promoting Grievant to Professor, with backpay and benefits, is lawful, proper, and available relief. The Faculty Handbook requires that a candidate for full Professor have a terminal degree in a “field appropriate” to the field of her appointment. Even though Grievant’s terminal degree is in education and her field of appointment is business administration, Respondent did not meet its burden of proving that the terminal degree was not in a “field appropriate” to business administration. Accordingly, the remedy is GRANTED.
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