Labor & Employment - Public Employees – Administrative Remedies – Exhaustion Requirement – Civil Practice – Subject Matter Jurisdiction

North Carolina Lawyers Weekly Staff//December 11, 2013//

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Hedgepeth v. Winston-Salem State University (Lawyers Weekly No. 13-16-1202, 10 pp.) (Wanda G. Bryant, J.) Appealed from Forsyth County Superior Court (Richard L. Doughton, J.) N.C. App. Unpub.

Holding: Where plaintiff used the defendant-university’s campus grievance process but failed to either file a petition for judicial review or to demonstrate that an exhaustion of her university administrative remedies would provide inadequate relief, plaintiff failed to exhaust her administrative remedies prior to filing her complaint against defendants. Therefore, the trial court properly granted defendants’ motion to dismiss for lack of subject matter jurisdiction.