Database Search Result Details
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First Name
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Chasity
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Last Name
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Maupin
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Decision Date
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12/14/2023
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Docket Number
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2023-0925-DHS
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ALJ
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JSF
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Respondent
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Division of Corrections and Rehabilitation/Eastern Regional Jail
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Employment Type
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STATE
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Job Title
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Correctional Officer II
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent was justified in suspending Grievant without pay for refusing directions and failing to make timely reports.
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2018)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2,1994); Jones v. W. Va. Dept. of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996); Stamper v. W. Va. Dept. of Health & Human Resources, Docket No. 95-HHR-144 (Mar. 20, 1996); Womack v. Dept. of Admin., Docket No. 93-ADMN-430 (Mar. 30, 1994); Aglinsky v. Bd. of Trustees, Docket No. 97-BOT-256 (Oct. 27, 1997), aff’d, Monongalia Cnty. Cir. Ct. Docket No. 97-C-AP-96 (Dec. 7, 1999), appeal refused, W.Va. Sup Ct. App. Docket No. 001096 (July 6, 2000); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002) (per curiam); Day v. Morgan Co. Health Dep’t, Docket No. 07-CHD-121 (Dec. 14, 2007)
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Keywords
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Suspension without pay
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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 Respondent as a correctional officer, Grievant received a written reprimand which she did not grieve. A few months later, as part of progressive discipline, Grievant received a three-day suspension for refusing to recount inmates, not timely reporting an inmate fight, failing to control inmates, and not reporting the resulting security breach. Respondent proved the three-day suspension was justified. Accordingly, the grievance is DENIED.
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