91 Va. Cir. 453
Charlottesville Cir. Ct.2016Background
- Patricia Wilkinson, a Registered Respiratory Therapist at UVA Medical Center with ~24 years' service, received progressive discipline for failing to timely update two clinic smoking-cessation spreadsheets.
- Each spreadsheet entry took ~1–2 minutes and was required to be updated by end of each workday; Wilkinson received a Step 2 FPICF on May 28, 2014, and additional accommodation/time in August 2014.
- Audits in September 2014 showed the Smoking Cessation Intervention Data was last updated Sept. 9 and the Non-Smoking Cessation Log last updated Sept. 3, leading to a Step 3 FPICF on Oct. 1, 2014.
- Wilkinson grieved; a Hearing Officer upheld the Step 3 finding after a March 27, 2015 hearing (Wilkinson did not testify). Administrative review by OEDR and a policy review by the DHRM Director both affirmed the hearing officer.
- On appeal to circuit court, Wilkinson argued (1) ADA accommodation violation, (2) insufficient evidence/records not made available, and (3) hearing procedure/environment was intimidating. The court limited review to legal error only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA accommodation | Wilkinson: granted accommodations were insufficient/too short and violated ADA | Univ.: accommodations were provided; no subsequent accommodation request; no evidence ADA required more | Court: No reviewable legal error shown; factual record lacked proof of ADA violation; upheld hearing officer |
| Sufficiency/availability of evidence | Wilkinson: spreadsheets not proven untimely; records were not made available | Univ.: audit evidence supported untimely updates; hearing officer found otherwise | Court: Challenges were factual/procedural (not legal); court lacked jurisdiction to reweigh evidence; upheld |
| Hearing procedure/environment | Wilkinson: hearing was intimidating and improperly conducted | Univ.: Director reviewed procedure and found no policy violation | Court: Procedural-administration review is for DHRM/OEDR; no legal error shown; upheld |
| Scope of judicial review | Wilkinson: sought reversal of hearing officer's decision | Univ.: argues court's review is limited to legal contradictions only | Court: Applied narrow statutory standard; found no contradiction of law and dismissed appeal |
Key Cases Cited
- Virginia Polytechnic Inst. v. Quesenberry, 277 Va. 420 (Va. 2009) (circuit court's review limited to legal error; factual findings by hearing officer are binding)
- Workman v. Department of Corrections, 82 Va. Cir. 160 (Va. Cir. Ct. 2011) (administrative director, not the circuit court, reviews procedural/policy challenges to grievance hearings)