Database Search Result Details
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First Name
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Christopher
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Last Name
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Blake
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Decision Date
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10/27/2022
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Docket Number
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2023-0105-DOE
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ALJ
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CHL
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Respondent
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Department of Education
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Employment Type
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Professional
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Job Title
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Principal
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Topics
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Dismissed
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Primary Issues
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Whether Grievant failed to state a claim upon which relief can be
granted and the grievance must be dismissed.
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Outcome
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Remedy Wholly Unavailable
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Statutes
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W. Va. Code St. R. § 156-1-6.19 (2018); W. Va. Code St. R. §
156-1-6.11; W. Va. Code § 18-29-1
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Related Cases
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Wounaris v. W. Va. State College, 214 W. Va. 241, 243, 588
S.E.2d 406, 408 (2003); Wright v. Standard Ultramarine and
Color Co., 141 W. Va. 368, 382, 90 S.E.2d 459, 468 (1955);
Cook v. Heck's, Inc., 176 W. Va. 368, 370, 342 S.E.2d 453, 455
(1986); Logan v. Reg’l Jail & Corr. Auth., Docket No. 94-RJA-225
(Nov. 29, 1994) aff’d, Berkeley Cnty. Cir. Ct., Civil Action No. 94-
C-691 (Sept. 11, 1996); Roach v. Reg’l Jail Auth., 198 W. Va.
694, 699, 482 S.E.2d 679, 684 (1996); Harless v. First Nat'l Bank
of Fairmont, 162 W. Va. 116, 246 S.E.2d 270 (1978)
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Keywords
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Motion to Dismiss; Failure to State a Claim; Relief; Public Policy
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to ICA on 11/29/22; No. 22-ICA-268; ICA Affirmed Grievance Board Decision on 9/26/23.
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Supreme Court
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Synopsis
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Grievant was employed by Respondent, West Virginia Department of Education, as the Principal of the West Virginia Schools of Diversion and Transition at Mt. Olive Correction Center. Grievant was an at-will employee. Respondent terminated Grievant’s employment. Grievant did not allege that Respondent was motivated to terminate his employment to contravene some substantial public policy. As such, Grievant failed to state a claim upon which relief can be granted and the grievance must be dismissed. Accordingly, the Respondent’s Motion to Dismiss is granted and this grievance is dismissed.
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