Database Search Result Details
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First Name
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Mycah
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Last Name
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Auville
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Decision Date
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1/18/2024
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Docket Number
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2023-0511-CONS
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ALJ
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WHW
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Respondent
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Wood County Board of Education
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Employment Type
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PROF
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Job Title
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Multicategorical Special Education Classroom Teacher
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Topics
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Reprisal; Harassment
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Primary Issues
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Whether Respondent retaliated against and harassed Grievant by charging her personal leave time for her grievance hearings.
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2018); W. VA. CODE § 6C-2-2(l) (2022); W. VA. CODE § 6C-2-2(o); W. VA. CODE § 6C-2-2(q)(1) (2022); W. VA. CODE § 6C-2-3(h) (2022)
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Related Cases
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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); Sellers v. Wetzel County Bd. of Educ., Docket No. 97-52-183 (Sept. 30,1997)
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Keywords
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Retaliation
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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 argues she suffered from acts of reprisal, retaliation, and harassment by having her paid leave days taken away for preparing for and participating in her own grievances. Grievant also claims she was harassed due to her right to confidentiality being breached by other school employees finding out she was absent due to participating in a grievance. Grievant claimed Respondent’s actions caused her a financial loss. Grievant failed to establish Respondent committed acts of reprisal, retaliation, or harassment when Grievant knowingly input the wrong absence code into the school’s Substitute Employment Management System (“SEMS”) for each grievance she prepared for and attended. Grievant suffered no loss when her paid leave time was returned due to requesting her SEMS code to be corrected. Accordingly, the grievance is denied.
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