Weeks after Mark Mathews was fired from his position as an Ohio University Police Department captain, he is still fighting to get his job back.
Ohio University Police Chief Andrew Powers terminated Mathews’ employment March 9 after an investigation stemming from a December incident with Athens Police. Since his termination, Mathews and his attorney Marc Myers have submitted a series of grievances to the university, the most recent of which are directed at OU’s Administrative Senate.
Mathews was off duty and was driving his personal vehicle at a speed of 48 miles per hour in a 25-mile-per-hour zone on East State Street when APD officer Destry Flick stopped him.
According to Powers’ report, Flick “detected an odor of alcohol and observed Captain Mathews’ eyes to be bloodshot and watery.”
A further test indicated that there was a 77-percent likelihood that Mathews’ blood alcohol content was in excess of .10 percent.
Although the current per se limit for operating a motor vehicle in the state of Ohio is .08, Athens Police neither arrested nor cited Mathews. They instead asked him to park his car and get picked up by a friend.
On March 2, OU’s Chief Human Resources Officer Linda Lonsinger offered Mathews a Last Chance Agreement.
The agreement included random alcohol testing, a demotion from his supervisory position and a 30-day suspension.
After Mathews declined on March 7, OU ended his administrative leave and terminated his employment.
Mathews and Myers wrote Powers on March 16, stating their intent to pursue the Grievance Procedure for Contract Employees.
“Mr. Mathews alleges that his termination is without merit and without just cause,” the letter stated. “Specifically, he alleges that the actions complained of were off duty and resulted in no charges filed against him and further as such, he had no duty under Ohio University’s policies and procedures to report the matter to the Chief of Police.”
The grievance was initially submitted to Powers, who denied it.
After following the steps required in the Grievance Procedure for Contract Employees, Mathews and Myers submitted the grievance to OU’s Administrative Senate, where it is awaiting consideration.
After receiving the grievance, the Administrative Senate has 14 days to appoint a Grievance Review Committee of at least three administrators outside of the grievant’s department, according to the policy and procedure document.
“Essentially, what (the grievance) says is we think the termination of Mr. Mathews was improper,” Myers said. “We’re hoping that Administrative Senate will take an impartial view of it … and conclude that the actions of the police chief were improper.”
Powers’ actions were improper because Mathews didn’t violate university policy, Myers said.
“We’re hoping that we’ll get a ruling in our favor (at the Administrative Senate),” he said.
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