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LLOYD E. OUDINOT v. COMMONWEALTH PENNSYLVANIA (10/31/83)

decided: October 31, 1983.

LLOYD E. OUDINOT, JR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In re: Claim of Lloyd E. Oudinot, Jr., No. B-205091.

COUNSEL

Geoffrey L. Seacrist, for petitioner.

Charles G. Hasson, Acting Deputy Chief Counsel, with him Richard L. Cole, Chief Counsel, for respondent.

Judges Rogers, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 78 Pa. Commw. Page 150]

State Police Trooper Lloyd E. Oudinot, Jr. has appealed from a decision of the Unemployment Compensation Board of Review which affirmed a denial of unemployment benefits for a twenty-day period during

[ 78 Pa. Commw. Page 151]

    which the Pennsylvania State Police had suspended him without pay. The disciplinary suspension was based upon violation of State Police regulations forbidding conduct unbecoming an officer. Although the referee found that the State Police had also charged deceptive reporting and violation of law (apparently, contributing to the delinquency of a minor) as additional grounds for the suspension, this record does not disclose any facts sufficient to support those alternative charges.

We have essentially the question of whether or not the claimant's relationship with a young woman, and related events, justified the suspension for unbecoming conduct, so as to support the denial of benefits on the basis of the willful misconduct disqualification.

The factual core of the case is summarized in the referee's Finding No. 4, which reads as follows:

4. The claimant has admitted to the following:

Having an affair with a 17 year old junior who attended Charleroi High School and proposing marriage to her while separated from his wife. The affair took place while claimant was acting as the girls basketball and softball coach at Charleroi High School. The 17 year old as a result of the affair became pregnant and elected to have an abortion and not marry the claimant.

Reading the word "affair" to mean simply "relationship," we assess this finding as supported by ...


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