Database Search Result Details
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First Name
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Devin
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Last Name
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Lilly, et al.
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Decision Date
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7/11/2018
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Docket Number
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2018-0959-CONS
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ALJ
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WBM
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Respondent
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Division of Corrections/Mount Olive Correctional Complex
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Employment Type
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STATE
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Job Title
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Correctional Officer II
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Topics
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Suspension
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Primary Issues
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Whether Grievants proved that they were subjected to discrimination.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C 2 2 (d)
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Related Cases
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W. Va. Alcohol Beverage Control Admin. v. Scott, 205 W. Va. 398, 402, 518 S.E.2d 639, 643 (1999); State ex reI. Catron v. Raleigh County Bd. of Educ., 201 W. Va. 302, 496 S.E.2d 444 (1997); Hare v. Randolph County Bd. of Educ., 183 W. Va. 436, 396 S.E.2d 203 (1990); Koblinsky v. Putnam County Health Dep’t, Docket No. 2010-0824-PutCH (May 4, 2010)
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Keywords
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Suspension; Breach of Security; Improper Cuffing; Failing to Report; Misconduct; Progressive Discipline; Discrimination
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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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Each Grievant received a three-day suspension without pay for failing to follow proper procedures in escorting inmates and failing to report improper conduct by fellow officers. Grievants argue that they were charged with misconduct they did not commit, and they were subjected to discrimination because not all officers involved in the incidents received the same discipline.
Respondent did not prove all the allegations of misconduct with which all Grievants were charges. However, Respondent proved that each Grievant was guilty of sufficient misconduct to support the penalty given. Not all officers received the same discipline but Grievants did not prove they were similarly situated with the officers who received different penalties.
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