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Souther v. New River Area Mental Health Development Disabilities and Substance Abuse Program2/6/2001
on and during the hearing. By contrast, petitioner's statements to Johnson during his investigation were inconsistent with her testimony at the hearing. Accordingly, respondent's request that petitioner return to work was made after an adequate investigation and was reasonable.
As to the reasonableness of petitioner's refusal to comply, I do not believe that petitioner's uncorroborated testimony is sufficient to satisfy her burden of proof. Both the Administrative Law Judge (ALJ), who heard this petition and observed the witnesses, and the State Personnel Commission found petitioner's evidence insufficient to alter the status quo. See Peace, 349 N.C. at 328, 507 S.E.2d at 281. Although petitioner stated that Mr. Jenkins made a number of statements to her asking for sex, Mr. Jenkins provided a plausible explanation for his comments. Petitioner denied ever making the statements to which Johnson testified. Despite petitioner's claims that she was not advised of respondent's investigation of her complaints and that she would have returned to work had she been told, Johnson, Tate, and Beamon all testified that petitioner was advised both of the investigation and its findings and of the conversations the investigators had with Mr. and Mrs. Jenkins. Other evidence of petitioner's erratic behavior as witnessed by the Jenkins and Johnson also was presented. Accordingly, I believe the trial court erred in reversing the recommended decisions of the ALJ and the State Personnel Commission.
For the reasons stated herein, I respectfully dissent.
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