Database Search Result Details
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First Name
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ANTHONY
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Last Name
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MCFARLANE
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Decision Date
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11/30/1987
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Docket Number
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DOE-87-132-1
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ALJ
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NK
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Respondent
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DEPARTMENT OF EDUCATION
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Employment Type
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DOE
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Job Title
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AIDE IV
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Topics
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SUSPENSION
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Primary Issues
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Disciplinary Action
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Outcome
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DENIED
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Statutes
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29-3-21
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Related Cases
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301 S.E.2D 846 (W.VA. 1983); CURTIS PINSON V. CABELL CBOE
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Keywords
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DISCIPLINARY ACTION; POLICY; GUILT; FIRE; ALARM; PROCEDURAL INFRACTIONS
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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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To check the smoke alarm, Grievant placed a burning paper beneath the smoke detector causing it to sound. Grievant admits to this action and therefore no investigation is required. In this instance the DOE's substantial compliance with technical requirements of disciplinary procedures have not prejudiced the interests of grievant. State law prohibits the making of a false fire alarm know to be false at the time of making and gr's admission that he caused a false fire alarm to be made precludes the need for an investigation to determine whether he did, indeed, perform the act. It is not the function of the ESEGB to modify the discipline meted out to school employees, but, to examine and assess the evidence presented upon which the discipline was predicated.
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