details - Public Grievance Board

First Name	Aaron
Last Name	White
Decision Date	12/13/2017
Docket Number	2017-2488-CONS
ALJ	LGB
Respondent	Division of Corrections/Mount Olive Correctional Complex
Employment Type	STATE
Job Title	Sergeant
Topics	Dismissed; HIPPA
Primary Issues	Whether the remedy Grievant seeks is available through the grievance process.
Outcome	Dismissed; Remedy Wholly Unavailable
Statutes	W. Va. Code § 6C-2-1, et seq.
Related Cases	Frost v. Bluefield State Coll., Docket No. 2012-0055-BSC (Sept. 22, 2014), aff’d, Cir. Ct. of Kanawha County No. 14-AA-104 (July 22,2015); Frost v. Bluefield State Coll., Docket No. 2013-2074-BSC (Mar. 19, 2015); Vest v. Bd. of Educ., 193 W. Va. 222, 455 S.E.2d 781 (1995); Archer v. W. Va. Bd. of Trustees at Marshall Univ., Docket No. 94-BOT-138 (Sept. 7, 1994); Troutman v. Dep’t of Health & Human Res., Docket No. 2013-0630-DHHR (Apr. 26, 2013)
Keywords	Emotional Distress, Relief, Monetary Damages, Punitive, Tort-Like Damages, Remedy Wholly Unavailable
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant complains that DOC violated the HIPAA Privacy Rule and unspecified civil rights provisions by filing correspondence related to a fitness for duty examination which he had undergone in his personnel file, rather than a more secure medical file. For purposes of ruling upon a motion to dismiss, it shall be presumed that all facts alleged in the grievance are true. Respondent contends that even if Grievant’s rights were violated as alleged, the remedy sought, monetary damages for emotional distress, is not available through the statutory grievance procedure for public employees in West Virginia. This Grievance Board has previously determined in multiple grievance rulings that damages such as Grievant is seeking may not be obtained through the public employee grievance procedures. Accordingly, this grievance must be dismissed.

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