| First Name | Brandi |
| Last Name | Rizo |
| Decision Date | 1/28/2025 |
| Docket Number | 2025-0301-WVU |
| ALJ | JSF |
| Respondent | West Virginia University |
| Employment Type | Higher Education |
| Job Title | Nursing Instructor |
| Topics | Termination/position reinstatement, disciplinary |
| Primary Issues | Whether Respondent proved that the grievance was untimely? Whether the Grievant proved a proper basis to excuse his failure to file in a timely manner? |
| Outcome | Untimely |
| Statutes | W. Va. Code St. R. § 156-1-3 (2018), W. Va. Code § 6C-2-3(a)(1)., W. Va. Code § 6C-2-4(a)(1). |
| Related Cases | Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996). See Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W. Va. Div. of Human Serv., Docket No. 90-DHS-524 (May 14, 1991).” Higginbotham v. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997). 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). Reeves v. Wood County Bd. of Educ., Docket No. 91-54-337 (Dec. 30, 1991); See also Mills v. Wayne County Bd. of Educ., Docket No. 05-50-451 (May 12, 2006); Strader v. Monongalia County Bd. of Educ., Docket No. 05-30-114 (Aug. 19, 2005); Cyrus v. Dep't of Health and Human Res., Docket No. 01-HHR-425 (Sept. 26, 2001).” Pisino v. Div. of Corr., Docket No. 2009-0539-MAPS (Dec. 15, 2008). Lynch v. W. Va. Dep't of Transp., Docket No. 97-DOH-060 (July 16, 1997).” Carnes v. Raleigh County Bd. of Educ., Docket No. 01-41-351 (Nov. 13, 2001). |
| Keywords | renewal, expiration, untimely, statute of limitations, unfair, tolling, the discovery rule. |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Respondent employed Grievant under an annual contract when it told her just before it expired that it would not be renewed. Five months later, Grievant filed this grievance. Grievant argues that the 15-Day statute of limitation for grievances is unfair and unreasonable considering the longer period for filing in other venues and the flexibility allowed under the Grievance Board rules. Respondent proved the grievance was untimely. Grievant did not prove her late filing was excusable. Accordingly., the grievance is DISMISSED. |