Badawi v. Hawk One Security, Inc., 21 A.3d 607

Badawi, an armed Special Police Officer for Hawk One, was terminated after a single incident involving three alleged policy violations: removing his firearm on duty and leaving it unsecured, inattentiveness to duties, and being out of uniform.
The incident occurred on September 8, 2008, when Badawi reportedly prayed at his desk during Ramadan, leaving his gun in a desk drawer after removing bullets; a fellow officer reported the lapse.
Hawk One fired Badawi based on the firearms policy violation, perceived inattentiveness, and uniform deficiency; DOES initially disqualified Badawi from unemployment benefits.
An ALJ at OAH conducted a hearing where Gamble, Badawi’s supervisor, testified and Badawi disputed several material facts, including timing and whether relief from a breaker occurred.
The ALJ found Badawi’s actions constituted gross misconduct under 7 DCMR § 312.3, but did not address all contested facts (notably whether Badawi received relief from a breaker).
The DC Court of Appeals reversed, holding the ALJ failed to consider two levels of misconduct (simple vs gross) and the possibility that Badawi’s justification was sufficiently excusable, resulting in a determination of simple misconduct and remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Badawi's conduct rise to gross misconduct?	Badawi proffered a sufficiently excusable justification for the break and prayer, negating willfulness.	Hawk One proved a deliberate violation of firearms policy and other misconduct indicators.	No; conduct not established as gross misconduct on current record.
Was the ALJ required to consider two levels of misconduct (simple vs gross)?	Two-level analysis should be applied; mitigating factors favor simple misconduct.	AGENCY burden is on hawk One to prove gross misconduct; underlying reasons must be examined.	Yes; omission required remand and reconsideration under both levels.
Did the ALJ properly consider whether Badawi's justification was sufficiently excusable?	Badawi's religiously motivated break and lack of relief from a breaker could be sufficiently excusable.	There was no evidence of accommodation or relief; the act remained willful.	No; the ALJ failed to address this contested issue, requiring reversal/remand.
Should the case be remanded or reversed on the record?	If remanded, findings would likely support simple misconduct.	Record is sufficient to support gross misconduct; remand unnecessary.	Remand appropriate; however, the court ultimately held the record shows simple misconduct.

Larry v. Nat'l Rehab. Hosp., 973 A.2d 180 (D.C.2009) (burden on employer to prove misconduct; need not seek gross if underlying reasons favor exculpation)
District of Columbia Dep't of Mental Health v. Hayes, 6 A.3d 255 (D.C.2010) (gross misconduct requires sufficiently egregious conduct; includes drug possession example)
Odeniran v. Hanley Wood, LLC, 985 A.2d 421 (D.C.2009) (distinguishes simple vs gross misconduct; discusses levels and remand default)
(Angel) Brown v. Hawk One Sec., Inc., 3 A.3d 1142 (D.C.2010) (illustrates when conduct is sufficiently egregious for gross misconduct vs simple)
Doyle v. NAI Personnel, Inc., 991 A.2d 1181 (D.C.2010) (discusses deliberate or willful standard in misconduct determinations)