Database Search Result Details
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First Name
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Art
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Last Name
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Vogel
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Decision Date
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5/7/2024
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Docket Number
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2023-0321-JefED
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ALJ
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RLR
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Respondent
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Jefferson 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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Classroom 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 is moot because Grievant no longer wishes to be reinstated to his prior position and awarded backpay.
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Outcome
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Dismissed
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Statutes
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W. VA. CODE ST. R. § 156-1-6.2 (2018)
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Related Cases
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Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998);
Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Payne v. Mason County Bd. of Educ., Docket No. 96-26-047 (Nov. 27, 1996); Trickett v. Preston County Bd. of Educ., Docket No. 95-39-413 (May 8, 1996); Leichliter v. W. Va. Dep't of Health and Human Res., Docket No. 92-HHR-486 (May 17, 1993); 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); Smith v. Lewis County Bd.
of Educ., Docket No. 02-21-028 (June 21, 2002)
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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, a classroom teacher, was dismissed from employment by Respondent because of an incident that occurred on September 2, 2022. Grievant initially requested reinstatement to his position and back pay. Subsequently, Grievant communicated by email and confirmed at the hearing on the motion that he no longer seeks that relief. The undersigned grants Respondent’s motion since no tangible relief is possible, and any decision would constitute an advisory opinion.
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