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ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY
CITATION: In re FoxFragment,
RSC-AH-2204
DATE OF JUDGEMENT:
2024-01-28
BETWEEN:
Ridgeway County Transit Authority
Applicant
and
FoxFragment
Respondent
REPORT AND RECOMMENDATIONS
IN THE MATTER OF AN APPLICATION
UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT
I. Introduction
[1] The Ridgeway County Transit Authority applied for an administrative hearing
under s. 1.3 of the Administrative Procedure Act on January 28, 2024.
[2] The application named FoxFragment, an employee of the Ridgeway County
Transit Authority as the respondent.
[3] The application sought to dishonourably discharge FoxFragment for two
violations of Ridgeway County Transit Authority Handbook ss. 102-6.3 and 103-2.3.
[4] Applicant JamesGardai filed a brief under s. 3.1 of the Employee Desertion Act
in support of an expedited ruling in the absence of the respondent.
[5] I am satisfied that the respondent has deserted their duties and failed to respond
to the notice to appear before the administrative court. Accordingly, I will omit the
hearing.
[6] All factual allegations are assumed as true, having gone uncontested by the
respondent, and are reproduced in Part II.
II. Findings of Fact
[7] On October 1, 2023, FoxFragment signed STD-Search-Agreement-DA10 upon
being employed in the Ridgeway County Transit Authority.
[8] The STD-Search-Agreement-DA10 is an agreement which operators of the
Authority sign to automatically consent to all searches for whatever reason.
[9] On January 27th, 2024, FoxFragment was transferred out of the Tow Operations
Unit for violating policy while on probation.
[10] Right after being transferred out of the Tow Operations Unit, FoxFragment
uttered their final words, saying, “what did i violate during probation”, “oh hell nah”,
“fuck off”.
[11] FoxFragment promptly then left the Ridgeway County Transit Authority
Discord server and left the Ridgeway County Transit Authority group.
[12] FoxFragment did this without any type of notice.
[13] YouFoundSeal attempted to get them to join back, informing them of the
consequences that could occur.
[14] FoxFragment refused to join back and said that they would not be doing so.
[15] FoxFragment deserted their post as a Transit Operator of the Ridgeway County
Transit Authority and in doing so failed to be searched in accordance with policy and
the STD-Search-Agreement-DA10 that they signed upon being employed in the Transit
Authority.
[16] Exhibit A shows the Ridgeway County Transit Authority handbook, the
handbook that all operators of the Authority must abide by.
[17] Exhibit B shows YouFoundSeal’s failed attempts to get FoxFragment back.
[18] Exhibit C and D shows FoxFragment having left the Ridgeway County Transit
Authority Discord server.
[19] 13) Exhibit E shows FoxFragment not being in the Ridgeway County Transit
Authority ROBLOX group.
[20] Exhibit F shows FoxFragment signing the STD-Search-Agreement-DA10.
[21] Exhibit G shows the STD-Search-Agreement-DA10 document.
III. Findings of Law and Policy
[22] It is a contravention of the Ridgeway County Transit Authority Handbook to
resign before the terms of DA10 are fulfilled.
[23] The respondent contravened s. 102-6.3 of the Ridgeway County Transit
Authority Handbook when he failed to fulfilled the terms of DA10 before resignation.
[24] Respondent FoxFragment is subject to the Ridgeway County Transit Authority
Handbook.
[25] I find that the act of leaving a Discord server or Roblox group was intentional.
IV. Recommendations
[26] The applicant recommends termination of the respondent’s employment in the
Ridgeway County Transit Authority in the nature of a dishonourable discharge and a
4-month blacklist.
[27] The applicant is entitled to take any action up to and including a dishonourable
discharge, plus up to a 4-month blacklist.
Dated at the City of Palmer, in the State of Ridgeway on January 28, 2024.
“koala4Iife”
Judge koala4Iife
Document record
File size
130.4 KB
Uploaded
Jan 28, 2024 12:00 PM
Filed
Jan 28, 2024 12:00 PM
Filing code
ADMINISTRATIVE_APPLICATION
Uploaded by
FoxFragment
Notes
2204adminreport.pdf — archived from the Trello docket (https://trello.com/c/4yAJz7XU)