Stephanie Fitzpatrick v. Department of Veterans Affairs
PH-0752-21-0293-I-1
MSPBNov 13, 2023Background
- Appellant: Stephanie I. Fitzpatrick (pro se); Agency: Department of Veterans Affairs; Docket PH-0752-21-0293-I-1; Final order dated November 13, 2023 (nonprecedential).
- Administrative judge sustained Fitzpatrick’s removal from federal service; appellant filed a petition for review of the initial decision.
- On review, Fitzpatrick alleged the administrative judge was biased, improperly excluded witnesses, and erroneously relied on her prior discipline.
- The Board applied the standards of 5 C.F.R. § 1201.115 for granting petitions for review (errors of fact or law, procedural errors affecting outcome, or new material evidence).
- The Board concluded Fitzpatrick failed to establish any basis under § 1201.115 (no erroneous findings, no legal or procedural error affecting outcome, no new material evidence) and denied the petition, affirming the initial decision.
- The decision includes notice of appeal rights (Federal Circuit, district court/EEOC for discrimination claims per Perry, and whistleblower-review options under the All Circuit Review Act/WPEA).
Issues
| Issue | Fitzpatrick's Argument | Department's Argument | Held |
|---|---|---|---|
| Alleged bias by the administrative judge | AJ was biased against her | AJ acted impartially and followed procedures | No basis shown for review; no prejudicial bias found |
| Exclusion of witnesses | AJ improperly excluded key witnesses | Rulings on witnesses were within AJ discretion and/or harmless | No abuse of discretion that affected outcome |
| Consideration of prior discipline | AJ erred by relying on prior discipline | Prior discipline was relevant to penalty/credibility | No erroneous application of law; use of prior discipline not reversible error |
| Adequacy of petition under 5 C.F.R. §1201.115 | Petition identified errors warranting review | Petition did not meet the regulatory standards for granting review | Petition denied; standards of §1201.115 not satisfied |
Key Cases Cited
- Perry v. Merit Systems Protection Board, 582 U.S. 420 (2017) (district-court review option for discrimination claims)