Schloe v. Lead-Deadwood Independent School District No. 106

I dissent.

In my opinion, the result reached by the majority is not supported by the record. I would hold that, upon the record made before the hearing officer, he should have granted respondent’s motion to dismiss the case for lack of jurisdiction because of appellant’s failure to timely file.*

The majority accepts appellant’s contention that the letter she sent to the Board on April 15 requesting that her name be placed on the recall list constitutes the filing of her grievance and, thus, the grievance was timely filed. The record clearly shows that this contention was not raised at the…