Database Search Result Details
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First Name
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James
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Last Name
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Lewis
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Decision Date
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12/15/2023
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Docket Number
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2022-0803-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr., Hospital
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Employment Type
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STATE
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Job Title
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Recreation Specialist
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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 creating a hostile work environment.
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Outcome
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Denied
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Statutes
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156 C.S.R. 1 § 3 (2018)
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Related Cases
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Ramey v. W. Va. Dep't of Health, Docket No. H-88-005 (Dec. 6, 1988); Riggs v. Dep’t of Transp., Docket No. 2009-0005-DOT (Aug. 4, 2009) citing Jackson v. State Farm Mut. Ins. Co., 215 W. Va. 634, 640, 600 S.E.2d 346, 352 (2004); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Napier v. Stratton, 204 W. Va. 415, 513 S.E.2d 463, 467 (1998); Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995); Lanehart v. Logan County Bd. of Educ., Docket No. 97-23-088 (June 13, 1997); Graley v. W. Va. Parkways Economic Div. and Tourism Auth., Docket No. 99-PEDTA-406 (Oct. 31, 2000)
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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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Grievant is employed by Respondent as a Recreation Specialist. Human Resources Director, Cecil Pritt, began receiving complaints at the beginning of May 2022, stating that Grievant repeatedly made harassing, derogatory and insulting comments to other employees. In addition, Grievant used profanity in front of other employees and patients. Grievant was accused of being disruptive and he refused to submit required forms to other employees. Grievant was placed on suspension while an investigation was conducted. The investigation substantiated the complaints. Grievant was suspended for ten days without pay. The record indicates that Grievant had been coached just a month before the suspension regarding his inappropriate conduct toward a Physician’s Assistant. Respondent proved that Grievant’s conduct was a violation of their policy which prohibits a hostile work environment. This grievance is denied.
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