                                 CODE OF VIRGINIA

CERTAIN EMPLOYEES OF THE DEPARTMENTS OF CORRECTIONS AND JUVENILE JUSTICE (§
2.2-3007)

A. Employees of the Departments of Corrections and Juvenile Justice who work in
institutions or juvenile correctional centers or have client, inmate, or
resident contact and who are terminated on the grounds of client, inmate, or
resident abuse, criminal conviction, or as a result of being placed on probation
under the provisions of &#xA7; 18.2-251, may appeal their termination only
through the Department of Human Resource Management applicable grievance
procedures, which shall not include successive grievance steps or the formal
hearing provided in &#xA7; 2.2-3005.

B. If no resolution is reached, the employee may advance the grievance to the
circuit court of the jurisdiction in which the grievance occurred for a de novo
hearing on the merits of the termination. In its discretion, the court may refer
the matter to a commissioner in chancery to take such evidence as may be proper
and to make a report to the court. Both the grievant and the respondent may call
upon witnesses and be represented by legal counsel or other representatives
before the court or the commissioner in chancery. Such representatives may
examine, cross-examine, question and present evidence on behalf of the grievant
or respondent before the court or commissioner in chancery without being in
violation of the provisions of &#xA7; 54.1-3904.

C. A termination shall be upheld unless shown to have been unwarranted by the
facts or contrary to law or policy.

HISTORY: 1995, cc. 770, 818, § 2.1-116.08; 1996, cc. 755, 914; 2001, cc. 393,
420, 844; 2014, c. 223.