Database Search Result Details
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First Name
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Terrell
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Last Name
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Coleman
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Decision Date
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7/7/2022
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Docket Number
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2021-2426-CONS
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved the charges against Grievant and whether termination of Grievant’s probationary employment arbitrary and capricious.
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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, 6C-2-4(a)(3); W.Va. Code 18-29-6; W. Va. Code St. R. § 64-59-18.2
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Related Cases
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Cosner v. Dep’t of Health and Human Resources/William R. Sharpe, Jr. Hospital, Docket No. 08-HHR-008 (Dec. 30, 2008); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0961-MAPS (Jan. 7, 2009); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); 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; Probationary Employee; Physical Abuse Against a Patient; Verbal Abuse; Policy; Arbitrary and Capricious; 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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Grievant was employed by Respondent as a probationary Health Service Worker. Respondent terminated Grievant’s probationary employment for patient abuse. Respondent proved Grievant committed physical abuse against a patient. Respondent failed to prove Grievant committed verbal abuse. Respondent’s termination of Grievant’s probationary employment for patient abuse was not arbitrary and capricious. Grievant failed to prove mitigation of the punishment is warranted. Accordingly, the grievance is denied.
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