Database Search Result Details
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First Name
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William
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Last Name
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Conklin
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Decision Date
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12/15/2017
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Docket Number
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2018-0287-SU
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ALJ
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RLR
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Respondent
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Shepherd University
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Employment Type
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HE
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Job Title
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Custodian
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved Grievant’s behavior rose to the level of gross misconduct and was cause for termination of Grievant’s employment.
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Outcome
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Granted
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Statutes
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C.S.R. 156. 1- 3 (2008)
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Related Cases
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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991)
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Keywords
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Termination, Gross Misconduct, Counseling, Corrective Discipline
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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 was hired by Respondent as a custodian through the Department of Rehabilitation Services. Grievant’s employment was terminated for alleged gross misconduct. Respondent failed to prove by preponderance of the evidence that Grievant acted in a violent and reckless manner, or that he posed any risk to school personnel or students justifying his immediate termination when such alleged conduct could have been correctable by counseling and/or instruction through progressive discipline. This grievance is GRANTED.
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