Female guard caught in sex act wins job back

A female correctional officer fired for performing a sexual act with another officer has won her job back.

Amie Bianchini was instead ordered suspended from work without pay for 30 days for her conduct with fellow officer Sean Hoferer while the two were on a night shift at the Lovelock Correctional Center. Hoferer resigned and is no longer a prisons employee.

According to the record, the two were working a night shift at the prison Feb. 18, 2005, when she accompanied him to a bathroom near her post and performed oral sex. Both testified they were absent only a few minutes and that the incident occurred after all inmates were locked down for the night.

The act was reported to prison officials by another inmate who had been renting a room from Hoferer and his wife. That officer said Hoferer's wife told him about it and he felt it was his duty to report the incident.

Hoferer resigned and Bianchini was terminated.

Hearing officer Pat Dolan agreed the conduct was disgraceful but said there is a range of punishment for such offenses in addition to termination and that the evidence failed to establish what they did warranted firing.

Dolan said they were gone only about the same amount of time as it takes to go to the restroom or get a snack, which is permitted. He agreed there is no evidence any inmate could have seen what occurred or that security was compromised.

In addition, he said guards caught sleeping on duty were historically punished but not by termination. And the record states Bianchini was candid when questioned about the misconduct.

Dolan ruled "Class 3" infractions are typically punished by suspension without pay or demotion for a first offense. Under prison rules, offenses "Class 3 misconduct" includes a variety of infractions that don't jeopardize security.

-- Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.