Database Search Result Details
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First Name
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Ronald
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Last Name
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Mercer
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Decision Date
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3/28/2023
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Docket Number
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2023-0209-WVSU
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ALJ
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JSF
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Respondent
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West Virginia State University
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Employment Type
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HE
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Job Title
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Campus Police Officer
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved that Grievant engaged in misconduct of a substantial nature directly affecting the rights and interest of the public and whether Grievant’s conduct showed a gross disregard for professional responsibilities or the public safety.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d); W. Va. Code § 6C-2-2(o)
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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); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Sexton v. Marshall Univ., Docket No. BOR2-88-029-4 (May 25, 1988), aff’d, Sexton v. Marshall Univ., 182 W. Va. 294, 387 S.E.2d 529 (1989); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004)
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Keywords
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Termination; Gross Misconduct; Insubordination; Policy; Discrimination; Public Safety
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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 dismissed from his employment as a campus police officer by Respondent, West Virginia State University. Grievant failed to prove this was retaliation or discrimination. Respondent proved that, despite corrective action, Grievant had ongoing performance deficiencies, constituting good cause for dismissal. Thus, claims for conditions of employment are moot. This grievance is therefore DENIED.
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