Database Search Result Details
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First Name
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Rebecca
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Last Name
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Cumpston, et al.
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Decision Date
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4/20/2021
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Docket Number
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2020-1563-CONS
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ALJ
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JSF
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Campus Service Workers
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent proved by a preponderance of evidence that Grievants committed gross misconduct justifying dismissal.
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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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Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991) (citing Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Termination; Code of Conduct; Policy; Inappropriate Behavior; Gross Misconduct; 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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While employed by WVU, Grievants filmed themselves goofing around at work and posted the videos to social media. WVU dismissed Grievants after determining this negatively effected its image. WVU proved that Grievants violated policy and committed gross misconduct in disseminating the videos, thus warranting dismissal. Accordingly, this grievance is DENIED.
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