R.I. judge upholds Rhode Island College's firing of janitor for carrying loaded gun

PROVIDENCE, R.I. -- A Superior Court judge this week upheld Rhode Island College administrators in the firing of a longtime janitor after he brought a loaded gun on campus and subsequently lost it. 

 Judge Luis Matos found that the college had just cause to fire Robert Panciocco, a housekeeper at Whipple Hall, and that an arbitrator was wrong to have ruled otherwise.

"Here, the arbitrator's decision ... was irrational because it rendered RIC powerless to terminate an employee who had exposed the campus community  -- employees and students alike -- to the security risk of a fully loaded firearm by bringing and then losing said firearm on campus," Matos wrote. "In light of the strong public policy interest that exists concerning keeping our schools, colleges, and universities safe from violence and crime, it is irrational and contrary to public policy to divest the Board and the State of the authority to terminate an employee who undisputedly violated a policy aimed at creating a safe and efficient campus and workplace."

According to the ruling,  Panciocco, with 31 years working for the college, realized around 10:30 a.m., July 15, 2013, that he had his .22-caliber semiautomatic pistol in his back pocket at work. He went to put it in his car, but changed his mind when he saw young children nearby. He returned to work with the gun.  

He left work around 1:20 p.m. and realized hours later that his gun was missing. He called campus security to report that he might have left the pistol in the dormitory bathroom. An officer found the gun in a trash can near the building. 

Panciocco and his union representative appeared before RIC's interim director of human resources for a hearing. The school sent Panciocco a letter he would be terminated from his job Aug. 1, 2013. The union filed a grievance on his behalf. 

Panciocco was accused of violating two policies on workplace violence, the ruling states. The state Board of Governors has a zero tolerance for workplace violence, including an "absolute" bar against employees carrying weapons on state property. The state policy reads the same. 

The collective bargaining agreement, too, grants the state "all rights to manage, direct or supervise the operations of the state and the employees." It sets forth disciplinary options that range from a reprimand to discharge, but provides that suspension or discharge require just cause. 

An arbitration hearing was held Dec. 13, 2013, at which Panciocco acknowledged bringing the loaded gun on campus, but said it was unintentional. The school argued that Panciocco had clearly violated state policies on preventing workplace violence. 

The union emphasized Panciocco's clean employment record and three decades at RIC. It said Panciocco, who is licensed to carry firearms in Maine, Massachusetts, Connecticut, New Hampshire and Rhode Island, didn't know about the polices. The National Rifle Association has certified him as an instructor for "Pistol and Personal Protection in the Home."

The union also referenced a 2007 incident at the University of Rhode Island in which a campus police officer allegedly brought a gun to campus, but whose case was resolved by settlement with a week-long suspension. 

The arbitrator ruled that Panciocco was not fired for just cause and should be reinstated. It's that award Matos vacated.