Database Search Result Details
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First Name
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Michael
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Last Name
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Nixon
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Decision Date
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6/17/2021
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Docket Number
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2020-1489-WVU
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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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Lead Custodian
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Grievant proved by a preponderance of evidence that he was denied due process or that mitigation of his dismissal is warranted.
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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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Adkins v. Cabell County Bd. of Educ., Docket No. 89-06-656 (May 23, 1990); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cooper v. Raleigh County Bd. of Educ., Docket No. 2014-0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA-54 (Jan. 16, 2015)
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Keywords
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Termination; Gross Misconduct; Supervisor; Policy; TikTok Videos; Social Media; Code of Conduct; 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, Grievant supervised a cleaning crew. Crew members videoed themselves engaged in workplace shenanigans, some involving Grievant. One video showed a crew member sitting on Grievant’s lap. The crew posted the videos to social media. After finding the videos, WVU determined that some were detrimental to its image and dismissed Grievant. WVU proved that Grievant committed gross misconduct by engaging in some of the depicted behavior, allowing it to be filmed, and failing to take remedial action even though he knew the crew members had posted other videos to social media. Accordingly, this grievance is DENIED.
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