Database Search Result Details
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First Name
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Hannah
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Last Name
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Fluharty
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Decision Date
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12/5/2024
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Docket Number
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2025-0098-WetED
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ALJ
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BTC
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Respondent
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Wetzel County Board of Education
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Employment Type
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School-Service
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Job Title
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ECCAT/Aide
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Topics
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Dismissal
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Primary Issues
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Whether the Grievance was properly dismissed at level one, as untimely?
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Outcome
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Affirmed
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Statutes
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W. VA. CODE § 6C-2-3(c)(1), W. VA. CODE § 6C-2-3(a)(1), W.VA. CODE § 6C-2-4(a)(1), W. VA. CODE § 6C-2-2(c), W. VA. CODE § 6C-2-3(a)(2)
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Related Cases
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Harvey v. W. Va. Bureau of Employment Programs, Docket No. 96-BEP-484 (Mar. 6,1998); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (Mar. 4, 2011); Straley v. Putnam Cnty. Bd. of Educ., Docket No. 2017-0314-PutED (July 28, 2014), aff'd, Kanawha Cnty. Cir. Ct. Civil Action No. 14-AA-91 (Nov. 16, 2015), aff'd, W.Va. Sup. Ct. App. Docket No. 15-1207 (Nov. 16, 2016). Spahr v. Preston Cty. Bd. of Educ., 182 W. Va. 726, 729, 391 S.E.2d 739, 742 (1990) (discussing W. Va. Code 18-29-4(a)(1). W. Va. Div. of Highways v. Powell, 243 W. Va. 143, 149, 842 S.E.2d 696, 702 (2020) (citing Wolford v. Hampshire County BOE, Docket No. 2018-0549-HamED (Mar 1, 2019).
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Keywords
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Discovery Rule, Timeliness, Unequivocally Notified
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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 grieved Respondent's alleged failure to post an ECCAT/Aide Kindergarten position. Respondent posted an ECCAT/Aide Kindergarten position, which Grievant applied for but then declined on March 26, 2024. Grievant alleged the position she wanted was never posted and then was filled with another person. Grievant failed to timely file her grievance after she was notified of the decision being challenged. The discovery rule exception does not apply because Grievant failed to reasonably investigate the grievable event. Accordingly, the level one dismissal order is upheld.
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