Database Search Result Details
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First Name
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Tracey
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Last Name
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Neville
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Decision Date
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9/18/2024
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Docket Number
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2023-0625-DHHR
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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/ Bureau of Social Services
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Employment Type
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STATE
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Job Title
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Child Protective Services Worker
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent's termination of Grievant for falsification of records was justified and whether Grievant proved mitigation of the punishment was warranted?
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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; W.Va. Code St. R. 143-1-12.2; W.Va. Code 6C-2-5(a); W.Va. Code 51-11-4(b)(4); W.Va. Code 6C-2-5(b); W.Va. Code 29A-5-4(b);
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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), Syl. Pt. 1 Oakes v. W. Va. Dep’t of Finance and Admin., 164 W. Va. 384, 264, S.E.2d 151 (1980); Guine v. Civil Serv. Comm’n, 149 W.Va. 461, 141 S.E.2d 364 (1965); See also W.Va. Code St. R. 143-1-12.2 (2022). Overbee v. Dep’t of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996). Conner v. Barbour County Bd. Of Educ., Docket No. 94-01-394 (Jan. 21, 1995). See Martin v. W.Va. State Fire Comm’n Docket No. 89-SFC-145 ) Aug. 8, 1989). McVay v. Wood County Bd. Of Educ., Docket No. 95-54-041 (May 18, 1995)(citations omitted).
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Keywords
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Records, policy, falsification of records, foster care visits, social worker, misconduct, 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 Child Protective Services Worker. Grievant failed to visit foster children as required by policy and entered false records stating she did visit the children. Respondent proved it was justified in terminating Grievant's employment for this misconduct. Grievant failed to prove mitigation of the punishment is warranted. Accordingly, the grievance is denied.
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