2.2-3007 - Certain employees of the Departments of Corrections and Juvenile Justice. - Virginia Statutes

§ 2.2-3007. Certain employees of the Departments of Corrections and JuvenileJustice.

A. Employees of the Departments of Corrections and Juvenile Justice who workin institutions or juvenile correctional centers or have client, inmate, orresident contact and who are terminated on the grounds of client, inmate, orresident abuse, criminal conviction, or as a result of being placed onprobation under the provisions of § 18.2-251, may appeal their terminationonly through the grievance resolution steps.

B. If no resolution is reached by the conclusion of the last grievance step,the employee may advance the grievance to the circuit court of thejurisdiction in which the grievance occurred for a de novo hearing on themerits. In its discretion, the court may refer the matter to a commissionerin chancery to take such evidence as may be proper and to make a report tothe court. Both the grievant and the respondent may call upon witnesses andbe represented by legal counsel or other representatives before the court orthe commissioner in chancery. Such representatives may examine,cross-examine, question and present evidence on behalf of the grievant orrespondent before the court or commissioner in chancery without being inviolation of the provisions of § 54.1-3904.

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

(1995, cc. 770, 818, § 2.1-116.08; 1996, cc. 755, 914; 2001, cc. 393, 420,844.)