details - Public Grievance Board

First Name	Zachary
Last Name	Bibbee
Decision Date	11/6/2019
Docket Number	2019-1241-MAPS
ALJ	BTC
Respondent	Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
Employment Type	STATE
Job Title	CO I
Topics	Suspension
Primary Issues	Whether Respondent had good cause to suspend Grievant.
Outcome	Denied
Statutes
Related Cases	Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Austin v. Kanawha County Bd. of Educ., Docket No. 97-20-089 (May 20, 1997)
Keywords	Suspension; Inmate Escape; Security Check; Investigation; Mitigation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed by Respondent as a Correctional Officer I at the Wood County Holding Center. On January 2, 2019, an inmate at the holding center, who was left unattended in an interview room for four hours, eventually kicked his way through the drywall wall and escaped. The inmate’s escape went unnoticed until the next as it was incorrectly reported that he had been transported back to a regional jail facility. Grievant was suspended for eighty hours for failure to comply with policy regarding the transfer of inmates, unsatisfactory job performance, and falsifying records. Respondent failed to prove Grievant violated the transport policy or falsified records. Respondent proved that Grievant’s failure to perform security checks was a serious failure of job performance warranting suspension. Grievant failed to prove his suspension should be mitigated. Accordingly, the grievance is denied.

Database Search Result Details