Database Search Result Details
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First Name
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S.
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Last Name
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D.
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Decision Date
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3/20/2018
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Docket Number
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2018-0469-CONS
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ALJ
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WBM
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Respondent
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West Virginia State University
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Employment Type
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HE
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Job Title
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Utilities, HVAC Trades Spec. II
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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 violated the acceptable use policies.
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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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Graley v. W.Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec 23, 1991); Buskirk v. Civil Serv. Comm'n., 175 W. Va. 279, 332 S.E.2d 579 (1985); Evans v. Tax & Revenue/Ins. Comm'n, Docket No. 02-INS-108 (Sept. 13, 2002); Wilt v. W. Va. Dep't of Health & Human Res., Docket No. 2010-0728-CONS (Sept. 21, 2010); Poke v. Human Rights Comm'n, Docket No. 2014-1196-HRC (Mar. 18, 2015); Wilson v. W. Va. Tax Dep’t, Docket No. 2017-2172-DOR (Oct. 17, 2017); Warner v. Dep’t of Health & Human Res., Docket No. 07-HHR-409 (Nov. 18, 2008); Miller v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-501 (Sept. 30, 1997)
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Keywords
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Termination; Violation of Policy; Cellular Telephone; Gross Misconduct; Hearsay Evidence
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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 charged with violating Respondent’s acceptable use provisions of the WVSU Policy and Handbook, by erasing applications necessary for completing necessary duties from a University issued cellular telephone by resetting the devise to the factory settings. Additionally, Grievant was charged in participating in profane conversations and proposing illegal activity in text conversations on the University cell phone. Respondent proved the allegations by a preponderance of the evidence and the discipline was appropriate given Grievant’s prior work history.
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