Database Search Result Details
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First Name
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Radhey
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Last Name
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Sharma
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Decision Date
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12/18/2025
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Docket Number
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2025-0522-WVU
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ALJ
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RLR
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Respondent
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West Virginia University
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Employment Type
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Higher Education
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Job Title
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Associate Professor
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Topics
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Termination, Backpay, Disciplinary
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Primary Issues
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Whether Grievant can prove by a preponderance of the evidence that the reassessment of the seniority factor was arbitrary and capricious or clearly wrong.
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Outcome
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DENIED
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Statutes
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W. Va. Code § 6C-2-5(b), W. Va. Code § 51-11-4(b)(4), W. Va. Code § 29A-5- 4(b).
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Related Cases
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Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996);” Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Burgess v. Div. of Highways, Docket No. 2019-0576-DOT (Nov. 22, 2019); Adkins v. W. Va. Dep’t of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Griffon v. Div. of Motor Vehicles, Docket No. 2008-1271-DOT (Aug. 17, 2009).
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Keywords
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Reduction in Force, termination, criteria, ranking, seniority, tenure.
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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 West Virginia University as an Associate Professor with tenure in the Civil and Environmental Engineering Department of the Statler College of Engineering. West Virginia University in 2023 conducted a reduction in force in the department and ranked for termination 4 of the 18 faculty members in the department. Grievant was one of the faculty members who was terminated. In response to a Grievance Board order, West Virginia University conducted a second reduction in force ranking on February 6, 2025. Grievant was again terminated pursuant to this ranking. The record of this case does not establish by a preponderance of the evidence that the actions of West Virginia University were arbitrary and capricious. This grievance is denied.
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