Database Search Result Details
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First Name
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Thomas
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Last Name
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Smith, Jr.
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Decision Date
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9/9/2020
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Docket Number
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2020-0827-MAPS
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ALJ
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RLR
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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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Dismissed; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant’s probationary employment.
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Outcome
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Denied
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Statutes
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143 CSR 1 § 10.1(a)
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Related Cases
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Bonnell v. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health and Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); Cosner v. Dep’t of Health and Human Res., Docket No. 08-HHR-008 (Dec. 30, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008)
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Keywords
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Termination; Probationary Employee; Inappropriate and Offensive Conduct; Nazi Salute
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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 a probationary employee. Respondent became aware of misconduct by Grievant while attending Respondent’s Corrections Academy. Respondent conducted an investigation and determined that Grievant was depicted in a graduation photograph participating in a “Nazi salute.” Grievant was dismissed from his probationary employment for his participation in, and failure to report, the offensive conduct while attending the Correctional Academy. Respondent proved by preponderance of the evidence that Grievant engaged in the inappropriate and offensive conduct, and that such conduct rendered him incapable of performing the duties of a correctional officer. This grievance is denied.
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