Database Search Result Details

First Name Mariah
Last Name Goddard
Decision Date 5/18/2018
Docket Number 2018-0827-MAPS
ALJ LRB
Respondent Regional Jail and Correctional Facility Authority/Northern Regional Jail
Employment Type STATE
Job Title Correctional Officer I
Topics Suspension
Primary Issues Whether Grievant demonstrated that the penalty imposed by Respondent was clearly excessive and/or abuse of discretion.
Outcome Denied
Statutes
Related Cases Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); McVay v. Wood County Bd. of Educ., Docket No. 95-54-041 (May 18, 1995)
Keywords Suspension; Inappropriate Comments; Unprofessional Conduct; Code of Conduct; Mitigation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was disciplined for acknowledged comments. Respondent contends Grievant’s conduct violated applicable West Virginia Regional Jail Authority Code of Conduct Policy. Subsequent to an investigation, Grievant was sanctioned for conduct, which was perceived as unprofessional and detrimental to the stability and safety of the facility, residents and employees. Grievant acknowledges the conduct but contends that the penalty ultimately imposed was excessive and too severe a penalty. Grievant protest the severity of her suspension. Respondent’s undertaking with regard to the severity of the disciplinary measure tends to indicate arbitrary action; nevertheless, Grievant failed to establish an abuse of discretion or that mitigation is warranted. This Grievance is Denied.

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