Database Search Result Details
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First Name
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Debjani
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Last Name
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Chakrabarti
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Decision Date
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1/30/2024
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Docket Number
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2023-0817-BSC
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ALJ
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WHW
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Respondent
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Bluefield State University
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Employment Type
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HE
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Job Title
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Associate Professor
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Topics
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Discrimination; Non-disciplinary employment actions
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Primary Issues
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Whether Respondent discriminated against Grievant by failing to renew her contract as a tenure-track faculty member.
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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(d)
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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); Pauls v. Bd. of Directors/West Liberty State College, Docket No. 99-BOD-160/175 (Dec. 12, 1999); Colson v. WVU, Docket No. 2013-1554-WVU (Feb. 2014); Smith v. Higher Educ. Policy Comm'n/Fairmont State College, Docket No. 02-HEPC-144 (Dec. 18, 2002); State ex rel. Eads v. Duncil, 196 W. Va. 604, 614, 474 S.E.2d 534, 544 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)); Trimboli v. Dep't of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001)
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Keywords
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Contract non-renewal
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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 challenges Respondent’s decision not to renew her contract as a tenure-track faculty member. Grievant claimed the basis for non-renewal of her contract was arbitrary and capricious, without a factual basis, and was caused by discrimination. Grievant failed to establish Respondent’s non-renewal of her contract was arbitrary and capricious, without a factual basis, or done as a form of discrimination. Respondent established legitimate business reasons were the factual basis of Grievant’s non-renewal due to the university’s decision to move the curriculum away from liberal arts towards STEM classes. Accordingly, the grievance is denied.
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