1. Grievant did not submit an application in response to any of the postings described in Finding of Fact Number 8.
  2. In September 2011, Kathryn Tabor was selected to fill the vacancy and continues to serve as Supervisor of Curriculum and Instruction at Mount View High School.
  3. Grievant's Level One grievance in this matter is dated October 14, 2011 and postmarked October 15, 2011.
  4. This grievance was submitted more than fifteen days after Grievant was notified that her contract as an Assistant Principal would be terminated and more than fifteen days after Grievant was notified that she would be transferred to an MI/LD classroom teaching position at River View High School.

Discussion

As this grievance does not involve a disciplinary matter, Grievant has the burden of proving each element of her grievance by a preponderance of the evidence. Procedural Rule of the W. Va. Public Employees Grievance Bd., 156 C.S.R. 1 § 3 (2008). See Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997).

Respondent has asserted that Grievant failed to initiate her grievance within the statutory time limit set forth in W. Va. Code § 6C-2-4(a)(1):

Within fifteen days following the occurrence of the event upon which the grievance is based, or within fifteen days of the date upon which the event became known to the employee, or within fifteen days of the most recent occurrence of a continuing practice giving rise to a grievance, an employee may file a written grievance with the chief administrator stating the nature of the grievance and the relief requested and request either a conference or a hearing . . . .