Database Search Result Details
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First Name
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Don
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Last Name
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Vance
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Decision Date
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10/1/2019
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Docket Number
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2019-0376-MAPS
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ALJ
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LRB
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
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Employment Type
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STATE
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Job Title
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Correctional Officer
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant.
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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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Keywords
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Termination; Code of Conduct; Policy Violation; Prison Rape Elimination Act (“PREA”); Mitigation; Arbitrary and Capricious
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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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The incident(s) giving rise to the termination of Grievant’s employment transpired during his assignment to the South Central Regional Jail, Charleston, West Virginia, in June of 2018. Grievant submits that his termination was unwarranted and overly punitive considering the totality of circumstances. Respondent alleged that Grievant engaged in conduct that is and/or was in violation of applicable WV Regional Jail Authority policy and procedure. Respondent by a preponderance of the evidence established that Grievant did not perform his duties within the standard of conduct established by policy, procedure and/or training. Respondent established Grievant, as a correctional officer charged with the care, custody, and control of female inmates, he violated multiple policies, allowed the inmates to violate multiple policies, and failed to report the violations. The nature of the misconduct was significant enough for Respondent, within its scope of discretion, to reasonable conclude that termination of Grievant’s employment was warranted. Grievant has not provided adequate rebuttal to overturn or significantly mitigate the disciplinary actions of Respondent. This grievance is DENIED.
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