Database Search Result Details
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First Name
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Maria
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Last Name
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Kazda
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Decision Date
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8/8/2023
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Docket Number
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2023-0868-DOE
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ALJ
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RLR
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Respondent
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Department of Education
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Employment Type
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STATE
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Job Title
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Teacher
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Topics
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Dismissal--moot
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Primary Issues
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Whether the Grievance Board can entertain matter regarding a request for monetary damages.
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Outcome
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Dismissed
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Statutes
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W. VA. CODE ST. R. § 156-1-6.19; W. VA. CODE ST. R. § 156-1-6.19.2; W. VA. CODE ST. R. § 156-1-6.19.3; W. VA. CODE ST. R. § 156-1-6.11; W. VA. CODE ST. R. § 156-1-3 (2018)
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Related Cases
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Syl. Pt. 4, McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003) (citing Syl. Pt. 3, Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)); Stalnaker v. Div. of Corrections, Docket No. 2013-1084-MAPS (Mar.26, 2014); Vest v. Bd. of Educ. of County of Nicholas, 193 W. Va. 222, 225, 227 n. 11 (1995); 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); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996)
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Keywords
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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 was employed by Respondent as a math teacher in the West Virginia Department of Education’s Schools of Diversion and Transition. By letter dated May 10, 2023, Academy Programs notified the West Virginia Department of Education that, because of Grievant’s unprofessional conduct, Grievant was no longer permitted to access their property effective May 23, 2023. The West Virginia Department of Education placed Grievant on administrative leave with pay on May 12, 2023. The West Virginia Department of Education notified Grievant it planned to recommend her termination to the State Superintendent of Schools. Respondent moved to dismiss the grievance because Grievant has failed to state a claim for which relief can be granted. Grievant resigned by letter dated May 22, 2023. Grievant’s request for damages is not available because the Grievance Board does not have the authority to award “tort-like” damages. It is undisputed that Grievant resigned her employment by letter dated May 22, 2023. As Grievant is grieving the circumstances of her employment and her prospective dismissal, the grievance is moot. This case is dismissed.
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