capabilities “for the record” but explained her need for explanation from supervisors is misinterpreted as “insubordination.” She said that she is a “loud talker” to make clear that she was not yelling as Ms. Bragg and Ms. Barton claimed; however, neither Ms. Bragg nor Ms. Ellis consider Grievant to be a loud person. Grievant expressed that she would not make such comments in reference to Shannon Elkins; yet Grievant wanted kudos from Ms. Ellis for her apology to Shannon Elkins and taking responsibility for her actions. While it is possible that multiple people could lie about some issues, without evidence impacting on the credibility of these witnesses, the evidence must be weighed against Grievant’s credibility.

Respondent asserts it was justified in suspending Grievant for her multiple instances of misconduct. First, Respondent asserts that Grievant failed to comply with policy and law regarding confidentiality of case information. CPS workers are extensively trained on standards of confidentiality. Office of Shared Administration Employee Conduct Policy Memorandum 2108 clearly requires employees to comply with all relevant federal, state, and local laws and maintain the confidentiality of all case information. West Virginia Code § 49-5-101 (a) states that, “all records and information concerning a child or juvenile which are maintained by...the Department of Human Services...are confidential and may not be released or disclosed to anyone, including any federal or state agency.” Explicitly, the law mandates that records disclosing the identity of a person making a complaint of child abuse or neglect are subject to the highest confidentiality. W.VA. CODE § 49-5-101 (2024). The only permissible disclosure of the reporter’s identity is made “to the Foster Care Ombudsman or his or her designee acting in the course of their official duties related to a near fatality or fatality of a child within the foster care system.”