Database Search Result Details
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First Name
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Timothy
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Last Name
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Oliver
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Decision Date
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9/1/2017
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Docket Number
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2017-2055-MAPS
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ALJ
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LRB
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Respondent
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Division of Juvenile Services/Sam Perdue Juvenile Center
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Employment Type
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STATE
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Job Title
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Correctional Officer II
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Topics
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Suspension
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Primary Issues
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Whether the sanction levied for acknowledged misconduct is lawful /proper.
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Outcome
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Denied
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Statutes
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Related Cases
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McVay v. Wood County Bd. of Educ., Docket No. 95-54-041 (May 18, 1995); Huffstutler v. Cabell County Bd. of Educ., Docket No. 97-06-150 (Oct. 31, 1997)
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Keywords
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Suspension; Unsatisfactory Performance; Disciplinary History; Policy; Progressive Discipline; Mitigation
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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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Grievant grieves a five-day suspension he received after being found guilty of improper employee conduct and unnecessary use of force in two interactions with juvenile residents. Grievant’s actions were a violation of agency policy and operational procedure. It was further established that Grievant had a history of prior discipline and unsatisfactory conduct. Respondent highlights the concept of progressive discipline and notes prior attempts to correct Grievant’s workplace performance. Grievant did not establish that mitigation is warranted. Accordingly, the grievance is DENIED.
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