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2014 SESSION
14101167DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-3007 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3007. Certain employees of the Departments of Corrections and Juvenile Justice.
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 § 18.2-251, may appeal their termination
only through the [ applicable grievance resolution steps procedure.
Department of Human Resource Management applicable grievance procedures,
which shall not include successive grievance steps or the formal hearing
provided in § 2.2-3005. ]
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 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 § 54.1-3904.
C. A termination shall be upheld unless shown to have been unwarranted by the facts or contrary to law or policy.