Database Search Result Details
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First Name
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Scott
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Last Name
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Owen
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Decision Date
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4/29/2022
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Docket Number
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2021-0244-NCC
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ALJ
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BTC
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Respondent
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West Virginia Northern Community College
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Employment Type
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HE
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Job Title
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Assistant Professor
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Topics
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Discrimination; Favoritism; Timeliness
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Primary Issues
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Whether Grievant proved he was subjected to discrimination or favoritism.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-4(c)(6); W. Va. Code § 6C-2-3(k); W. Va. Code St. R. § 156-1-6.12; W. Va. Code § 6C-2-2(d)
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Related Cases
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W. Va. Univ. v. Decker, 191 W. Va. 567, 569, 447 S.E.2d 259, 261 (1994); Hunt v. W.Va. Higher Educ. Policy Comm’n, Docket No. 01-HEPC-453 (Nov. 29, 2001); Price v. Marshall Univ., Docket No. 04-HE-369 (May 19, 2005); Young v. Div. of Corrections, Docket No. 01-CORR-059 (July 10, 2001); 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); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995)
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Keywords
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Discrimination; Favoritism; Policy and Procedure; Pay Increase; 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 as an Assistant Professor. Grievant alleged Respondent discriminated against him by compensating him at a lesser amount than faculty that were junior to him in rank and/or seniority. Grievant failed to prove he was the victim of discrimination or favoritism regarding his pay as the employees to whom he compared himself were not similarly situated to Grievant. Grievant’s claims regarding the misapplication of policy and procedures relating to his pay are not timely filed. Accordingly, the grievance is denied.
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