| First Name | Dale |
| Last Name | Olson |
| Decision Date | 7/18/2023 |
| Docket Number | 2019-1684-WVU |
| ALJ | JSF |
| Respondent | West Virginia University |
| Employment Type | HE |
| Job Title | Professor |
| Topics | Discrimination; Non-disciplinary employment actions; Compensation |
| Primary Issues | Whether Respondent acted improperly in unilaterally assigning Grievant a class; whether Grievant was discriminated against; and whether Grievant was deprived of due process. |
| Outcome | Denied |
| Statutes | W. VA. Code § 6C-2-4(b)(1); W. VA. Code § 6C-3-4; W. VA. CODE § 6C-2-3(s); W. VA. CODE §§ 6C-2-1 et seq.; W. VA. Code §§ 29A-1-1, et seq.; W. VA. CODE § 29A-5-3; W. VA. CODE § 29A-7-2; W. VA. CODE ST. R. § 156-1-3 (2018); W. VA. CODE § 6C-2-2(d) |
| Related Cases | 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); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W. Va. Div. of Human Serv., Docket No. 90-DHS-524 (May 14, 1991); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Syl. Pt. 3, Fraley v. Civil Service Commission, 177 W.Va. 729, 356 S.E.2d 483 (1987) |
| Keywords | Backpay; Job duties; Training |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant is employed by West Virginia University (WVU) as a law professor teaching Business Torts, Anti-Trust, and Intellectual Property. When a professor for the introductory course of Business Associations left at the end of the spring semester, Grievant was assigned the class for the fall semester. Grievant was the only professor available in that time slot due to zero enrollment in his Anti-Trust class. Grievant claims discrimination, improper engagement while off contract, lack of due process in being threatened with dismissal should he fail to comply, and lack of authority by WVU to unilaterally reassign classes. Grievant seeks $10,000 in additional compensation, asserting he spent much time preparing while off contract during the summer due to his lack of competency in the course. WVU asserts that professors are routinely reassigned courses vacated at the last minute, that professors typically prepare for reassignments while teaching the course, that WVU policy allows for unilateral assignments, that Grievant was competent to teach the introductory business class due to his experience in business law, and that faculty are never given additional compensation for preparation time. Grievant did not establish the amount of time he worked off contract or that he needed to work off contract, and thus failed to prove entitlement to additional compensation. Grievant also failed to prove discrimination, lack of due process for discipline that never occurred, or that WVU acted improperly in unilaterally assigning him the class. Accordingly, this grievance is DENIED. |