Database Search Result Details
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First Name
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Omar
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Last Name
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Attarabeen
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Decision Date
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8/30/2022
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Docket Number
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2022-0452-MU
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ALJ
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WBM
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Respondent
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Marshall University
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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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Dismissed; Moot
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Primary Issues
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Whether this grievance is moot.
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Outcome
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Dismissed
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Statutes
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156 C.S.R. 1 § 6.11
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Related Cases
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Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 729 S.E.2d 860 (2012); Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Bragg v. Dept. of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Dooley v. Dep’t 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)
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Keywords
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Motion to Dismiss; Remedy; Relief; Moot
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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 claims that Respondent has missed deadlines and improperly delayed the process through which he would receive a promotion and tenure. Grievant wants Respondent to process his application for tenure and promotion expeditiously. Grievant also seeks that he be treated fairly. Respondent argues that Grievant voluntarily left employment with MU and is no longer eligible for the tenure and promotion he seeks. Since Grievant is no longer employed by Respondent, the remedy he seeks in unavailable. This matter is Moot.
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