Database Search Result Details
|
First Name
|
Peter
|
|
Last Name
|
Kostick, Jr.
|
|
Decision Date
|
1/23/2018
|
|
Docket Number
|
2017-1684-MAPS
|
|
ALJ
|
BLG
|
|
Respondent
|
Regional Jail and Correctional Facility Authority/Potomac Highland Regional Jail
|
|
Employment Type
|
STATE
|
|
Job Title
|
Correctional Officer II
|
|
Topics
|
Disciplinary Demotion
|
|
Primary Issues
|
Whether the discipline imposed was clearly excessive.
|
|
Outcome
|
Denied
|
|
Statutes
|
|
|
Related Cases
|
Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Meadows v. Logan County Bd. of Educ., Docket No. 00-23-202 (Jan. 31, 2001); McVay v. Wood County Bd. of Educ., Docket No. 95-54-041 (May 18, 1995); Wiley v. W. Va. Div. of Nat'l Res., Parks & Recreation, Docket No. 96-DNR-515 (Mar. 26, 1988)
|
|
Keywords
|
Demotion; Mitigation; Supervisor; Code Of Conduct Violation; Escalation; Inmate Incitement
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was demoted from a Correctional Officer III supervisory position to a Correctional Officer II position, with a reduction in pay, for escalating a situation by telling inmates they were all his bitches, resulting in the inmates attacking Grievant and three other officers. Grievant admitted to the conduct, and acknowledged it was inexcusable. Even though Grievant had asked to be demoted because of this incident, he regretted that he had made this request, and argued the discipline imposed was too severe. Grievant did not demonstrate that the discipline imposed was clearly excessive or so clearly disproportionate to the offense that it indicated an abuse of discretion, or that there were mitigating circumstances which should have been considered.
|
Back to Results
Search Again