Database Search Result Details
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First Name
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Shawn
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Last Name
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Nutter
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Decision Date
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3/26/2020
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Docket Number
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2019-1651-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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Lieutenant
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Topics
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Dismissed; 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; Inappropriate Physical and Verbal Contact; Progressive Discipline Policy; Discriminatory Hostile Work Environment; Sexual Harassment; Mitigation
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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 employed as a Correctional Officer with Respondent in a supervisory position. Grievant had undergone regular and enhanced training on Equal Employment Opportunity issues and the mandatory reporting of those issues. After reported allegation of inappropriate language and deed(s) by Grievant, an investigation into Grievant’s conduct was conducted. The investigation substantiated the allegations against Grievant, resulting in Respondent’s disciplinary action of dismissing Grievant from employment. Grievant’s irresponsible conduct of engaging in inappropriate and unwanted physical and verbal contact with a female officer under his direct supervision, is found to be justifiable grounds for discharge. Respondent established good cause for its disciplinary action. Grievant failed to demonstrate that termination was too severe a punishment, or that mitigation was warranted under the circumstances. This grievance is denied.
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