Database Search Result Details
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First Name
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Ashley
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Last Name
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Berkley
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Decision Date
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11/5/2021
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Docket Number
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2021-1866-MAPS
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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
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Employment Type
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STATE
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Job Title
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Correctional Counselor II
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved any of its allegations against Grievant, that Grievant violated any policy, that Grievant acted in gross disregard of her professional responsibilities and the public interest, or that there was good cause for her dismissal.
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Outcome
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Granted
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Statutes
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Related Cases
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Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996)
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Keywords
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Termination; Removing Name Plates; Code of Conduct; Misconduct; Hearsay
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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 counselor for the Division of Corrections and Rehabilitation (DCR) when DCR dismissed her for removing office name plates in front of residents, discarding the name plates, sharing coworkers’ Facebook profile with residents, telling a resident that snitches get stitches, and lying to an investigator. Respondent had the burden of proof but simply relied on hearsay and failed to reveal the contents of the policies it claimed were violated. A hearsay analysis garnered no weight for Respondent’s evidence. Respondent failed to prove its allegations or good cause for dismissal by a preponderance of the evidence. Accordingly, the grievance is GRANTED.
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