Sibley v. LSU HEALTH SCIENCES CENTER

Citation: 977 So. 2d 303Docket: 2007 CA 0895

Court: Louisiana Court of Appeal; February 7, 2008; Louisiana; State Appellate Court

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Vicki D. Sibley appealed the State Civil Service Commission's decision, which upheld her termination from Earl K. Long Hospital (EKL). Sibley, employed since 1996 and a Registered Nurse 2 at the time of her dismissal, has suffered from fecal incontinence throughout her career, leading to multiple complaints regarding hygiene issues from her supervisors. Despite being counseled and receiving a written reprimand in December 2002 for these issues, including stained clothes and odors, Sibley assured her supervisors she was taking precautions. In 2004, recommendations were made for her to use adult diapers and have extra uniforms on hand. On June 17, 2005, she was notified of potential disciplinary action, with termination as the proposed outcome. Following her written response, which did not alter the decision, Sibley was officially terminated on July 1, 2005. Her appeal was heard by the Commission, which stated that while sympathetic to her condition, maintaining discipline and decorum in the workplace is essential for a conducive work environment. The Commission's ruling was affirmed by the Court of Appeal.

A breach of decorum can negatively affect state service efficiency, as established in previous cases. The Commission determined that while EKL had cause for Ms. Sibley's dismissal, the cause was not her fault but stemmed from her birth defect. Under CSR 12.6(b), an employee can be non-disciplinarily removed without facing the consequences of termination if the cause is not their fault. Consequently, Ms. Sibley's termination was deemed inappropriate, and EKL was ordered to replace the termination letter with one reflecting a non-disciplinary removal, effective on the same date. 

Ms. Sibley appealed, asserting that the Commission has the authority to hear disciplinary cases and modify penalties. However, such authority can only be exercised if the imposition of a greater penalty lacks sufficient cause. The appellate courts review the Commission's findings using a "manifestly erroneous" standard and will not modify or reverse unless the decision is found to be arbitrary or capricious. The Commission Referee found no error, confirming that EKL proved cause for dismissal but attributed it to factors beyond Ms. Sibley's control. The appellate court, upon reviewing the record, upheld the Commission Referee's findings and conclusions, affirming the decision and assessing all appeal costs against Ms. Sibley. The decision was filed on January 31, 2007, in favor of Vicki D. Sibley against LSUHSC-Earl K. Long Medical Center for her termination related to creating an unpleasant work environment due to her fecal incontinence.

On July 28, 2005, Ms. Sibley appealed her termination from EKL, alleging it was due to her disability, fecal incontinence, a birth defect, and claimed she was denied a hearing on the disciplinary action. She seeks back wages and reinstatement. A public hearing was held on June 12 and 16, 2006. EKL filed a motion for summary disposition on August 9, 2005, asserting the Commission had no jurisdiction over disability discrimination claims and that Ms. Sibley did not request a pre-disciplinary hearing. Ms. Sibley disputed this, asserting her appeal was based on discriminatory termination and due process violations, claiming the charges lacked specificity per Civil Service Rules. On November 30, 2005, a ruling determined that while the Commission lacked jurisdiction over the ADA, it did have authority over discrimination claims related to dismissal. 

Key findings included: Ms. Sibley was a permanent Registered Nurse at LSUHSC-EKL, employed since October 1996. Complaints regarding her physical issues, including odors and soiled clothing, were made by her supervisors over the years, leading to a written reprimand on December 6, 2002, mandating her to wear incontinence pads and keep spare clothing. Despite efforts to address the issue, including replacing cloth chairs with vinyl ones for sanitation, complaints continued under subsequent supervisors, indicating ongoing infection control concerns.

In October 2004, Ms. Coerver counseled Ms. Sibley regarding her incontinence, recommending adult diapers, extra uniforms, specific seating arrangements, and a doctor’s consultation for medical options. Ms. Sibley had previously consulted a doctor who suggested a colostomy as the only solution, but a second opinion from Dr. David A. Margolin in November 2004 proposed medical management and surgical alternatives. 

On May 12, 2005, while working as the night shift charge nurse, Ms. Sibley experienced severe incontinence due to a stomach virus. Marlin Taylor, LPN, discovered fecal matter on his pants after sitting near Ms. Sibley, who also had stains on her clothing. Tashunta Durand, LPN, and Cindy Hergruder, RN, observed the situation and noted similar findings. 

Upon Ms. Coerver's arrival on May 13, 2005, there were complaints from multiple staff members about Ms. Sibley's condition. The ICU bathroom nearby was often found in poor condition, which staff attributed to Ms. Sibley, despite a lack of direct evidence. Ms. Sibley, who was born with an incomplete rectum leading to fecal incontinence, took measures to manage her condition, including wearing pads and keeping a change of clothes at work.

Following these incidents, Ms. Sibley received a letter on June 17, 2005, indicating potential disciplinary action with a recommendation for termination. She responded to the charges on June 21, 2005, but the appointing authority decided to proceed with her termination, which was formally communicated to her on July 1, 2005. The charges outlined in the termination notice were identical to those in the earlier pre-disciplinary notice.

The right of a classified state employee to appeal disciplinary actions is established in Article X, Section 8(A) of the Louisiana Constitution, placing the burden of proof on the appointing authority to demonstrate its case by a preponderance of the evidence. EKL successfully proved that Ms. Sibley suffered from a medical condition causing fecal incontinence, which was an ongoing issue known to both the hospital and her co-workers. Despite efforts to manage her condition, including wearing pads, maintaining a change of clothes, and seeking medical advice, an incident in May 2005 resulted in significant discomfort for her co-worker, prompting disciplinary action against Ms. Sibley.

The decision emphasizes that while the appointing authority must maintain workplace discipline and decorum, the cause of Ms. Sibley's issues was not her fault, but rather a birth defect. Civil Service Rule 12.6(b) permits non-disciplinary removal when the cause is not the employee's fault. Thus, Ms. Sibley's dismissal was deemed inappropriate, and EKL was ordered to replace the termination letter with one of non-disciplinary removal under CSR 12.6(b). Additionally, EKL was ordered to pay witness fees to A.J. Varner for her testimony at the hearing. The ruling distinguishes Ms. Sibley's situation from a past case by noting that she had received proper pre-disciplinary notice and an opportunity to respond to the charges against her.