Database Search Result Details
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First Name
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William
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Last Name
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Steach, et al.
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Decision Date
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3/8/2021
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Docket Number
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2020-1487-CONS
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ALJ
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JSF
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Juvenile Services AND 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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Probationary Correctional Officers
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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 Grievants’ probationary employment.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-10.1.a. (2016); W. Va. Code St. R. § 156-1-3 (2018)
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Related Cases
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Smarr and Schultheiz v. DCR/BPJ/SMCCJ, Docket No. 2020-1488-CONS (Sept. 23, 2020); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009); McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999); Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990); Day v. Morgan Co. Health Dep’t, Docket No. 07-CHD-121 (Dec. 14, 2007); Smarr and Schultheiz v. DCR/BPJ/SMCCJ, Docket No. 2020-1488-CONS (Sept. 23, 2020)
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Keywords
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Termination; Probationary Employee; Misconduct; Class Photo; Nazi Salute; Discrimination; 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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Grievants were employed on a probationary basis as Correctional Officers and were trained at the Corrections Academy. After discovering a photo of the graduating Academy Class 18 cadets performing a Nazi salute, Respondent ordered an investigation. When the investigation substantiated that Grievants participated in and failed to report the salute, Respondent dismissed Grievants for misconduct. Grievants assert they were following orders to engage in conduct that was in poor taste but not unlawful, did so under the peril of dismissal if disobeyed, did not know they had the option to disobey, performed a Roman rather than a Nazi salute, and in fact reported the incident. Respondent proved that Grievants knowingly performed a Nazi salute and violated known policy in failing to report conduct they recognized as unusual, thus justifying their dismissal. Accordingly, this grievance is DENIED.
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