ORDERS:
ORDER
GRIEVANCE NO. PCI 1377-07
This
appeal is before this court pursuant to Al-Shabazz v. State, 338 S.C.
354, 527 S.E.2d 742 (2000), Sullivan v. S.C. Dep’t of Corrections, 355
S.C. 437, 586 S.E.2d 124 (2003), Slezak v. S.C. Dep’t of Corrections,
361 S.C. 327, 605 S.E.2d 506 (2004), and Furtick v. S.C. Dep’t of
Corrections, 374 S.C. 334, 649 S.E.2d 35 (2007).
Appellant seeks review of a decision of the S.C. Department of Corrections
dated November 29, 2007.
In
his Notice of Appeal and Step Two grievance form, Appellant argues that that
the hearing officer (DHO) erred in not providing counsel substitute and not
requiring his accuser to be present though he had requested both. The DHO held
that Appellant had refused to sign the form, effectively waiving those rights.
On the form, Appellant did check that he wanted counsel substitute and his
accuser to be present. Moreover, Department policy requires that an inmate be
assigned counsel substitute when he is segregated from the general population
pending the hearing. See SCDC Policy/Procedure OP-22.14 § 8.1.4.
However, instead of signing the form, Appellant wrote “*F__k the law*”. In
light of Appellant’s blatant disrespect for the grievance system, this court in
its appellate capacity cannot find that the DHO erred in finding that Appellant
refused to sign the form and thereby waived his rights.
Having
reviewed the record, applicable law, and the briefs filed by the parties in
this matter, I find no indication of arbitrariness or capriciousness in the
Department’s decision. Further, I conclude that there are no other issues of
colorable merit that warrant discussion. The Department’s decision to deny
Appellant’s grievance was the result of a routine exercise of the Department’s
administrative responsibilities that is supported by substantial evidence in
the record. Accordingly, the Department’s decision in this matter should be
affirmed.
IT
IS THEREFORE ORDERED that the Department’s decision in the above-captioned appeal
is AFFIRMED.
AND
IT IS SO ORDERED.
______________________________
June 4, 2008 JOHN
D. GEATHERS
Columbia, South Carolina Administrative
Law Judge
1205 Pendleton Street, Suite 224
Columbia, South Carolina 29201-3731
|
