Database Search Result Details
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First Name
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ALICE
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Last Name
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LILLY
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Decision Date
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11/28/1989
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Docket Number
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89-10-436
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ALJ
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JW
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Respondent
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FAYETTE 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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TEACHER
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Topics
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DISMISSAL
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Primary Issues
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Jurisdiction; Dismissal; Superintendent's Recommendation
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Outcome
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DISMISSED
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Statutes
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18A-2-7 superintendent recommends; 18A-2-8 Bd. decides; 18-29-2(a)
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Related Cases
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DUNCAN (MAR. 1989)
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Keywords
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GRIEVANCE FILED BEFORE TERMINATION
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Fayette County, Civil Action #89-C-992; Reversed and remanded to County Board; Summerfield (see 89-10-436R for rest of history)
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Supreme Court
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Reversed ALJ's decision and remanded to Grievance Board.
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Synopsis
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During a meeting of the Fayette CBOE, the Superintendent requested authority to send grievant a letter of termination with the provision that she had the option of a Level IV hearing. The Board received this information and authorized the administration to proceed. By letter dated July 24, 1989, grievant was advised by the superintendent that a recommendation for her dismissal had been made. Grievant received the letter on August 3, 1989, and filed an appeal with the GB at Level IV on August 4, 1989. As of Sept 19, the CBOE had never taken action and dismissed the grievance. The CBOE argued through a motion to dismiss that a grievance does not arise until the CBOE actually acts upon a supt. recommendation for dismissal. Until the CBOE acts upon recommendations or charges presented to it to dismiss an employee, a grievance does not arise. In the absence of such action, this GB is without jurisdiction to take action other than dismissing the case from its docket. A ruling on grievant's motion for reinstatement and back pay pending action is therefore precluded.
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