Database Search Result Details

First Name Debbie
Last Name Buckhannon
Decision Date 10/17/2022
Docket Number 2020-0812-DHHR
ALJ RLR
Respondent Department of Health and Human Resources/William R. Sharpe, Jr. Hospital AND
Employment Type ST-State
Job Title Food Service Worker
Topics Written Reprimand
Primary Issues Whether Respondent demonstrated that Grievant’s behavior was inappropriate and in violation of established policies.
Outcome Denied
Statutes
Related Cases Mills v. Dep’t of Administration, Docket No. 90-ADMIN-180 (July 23, 1991); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Clark v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169, 175 (1981); Byrd v. Department of Health and Human Resources/William R Sharpe, Jr. Hospital, Docket No. 2017-0769-DHHR (Aug. 8, 2017), rev’d, Kanawha Cnty. Cir. Ct. Civil Action No. 17-AA-74 (March 2, 2018)
Keywords Written Reprimand; Policy Violation; Misconduct; Due Process Rights
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed in the Dietary Department at Sharpe Hospital. Grievant was issued a written reprimand for unprofessional conduct and the failure to follow the appropriate procedures regarding hand hygiene. Respondent met its burden of proof in demonstrating that Grievant’s behavior was inappropriate and in violation of established policies. Grievant was unable to demonstrate that her due process rights were violated. This grievance is denied.

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