Walsh v. Va. Commonwealth Univ.

• Decision Date: 25 June 2013
• Docket Number: Record No. 0261-13-2
• Court: Virginia Court of Appeals
• Parties: THOMAS E. WALSH v. VIRGINIA COMMONWEALTH UNIVERSITY

THOMAS E. WALSH

v.VIRGINIA COMMONWEALTH UNIVERSITY

Record No. 0261-13-2

COURT OF APPEALS OF VIRGINIA

Dated: June 25, 2013

UNPUBLISHED

Present: Judges Petty, Chafin and Senior Judge Annunziata

MEMORANDUM OPINION^*

PER CURIAM

FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND

Beverly W. Snukals, Judge

(Thomas E. Walsh, pro se, on briefs).

(Kenneth T. Cuccinelli, II, Attorney General; Wesley G. Russell, Jr., Deputy Attorney General; Ronald R. Regnery, Senior Assistant Attorney General; Guy W. Horsley, Jr., Special Assistant Attorney General, on brief), for appellee.

Thomas E. Walsh (Walsh) appeals the decision by the circuit court affirming a decision of a hearing officer with the Department of Employment Dispute Resolution under the statutory grievance procedure for state employees pursuant to Code § 2.2-3000 et seq. The circuit court affirmed the hearing officer's decision sustaining Walsh's termination as an employee with Virginia Commonwealth University (VCU). On appeal to this Court, Walsh argues that the circuit court erred (1) "in not finding that VCU's actions were a violation of the Fourth Amendment," (2) "in abdicating its role in the tripartite inquiry for grievance appeals," (3) "in not finding that VCU's actions were a violation of Virginia's 8VAC90-10-60(3)(4)," (4) "in failing to address [his] argument that [the hearing officer] was required to make the legal analysis of 'intent to defraud,'" (5) "in failing to address [that the hearing officer] should have

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found that VCU violated law in Walsh's termination," and (6) "by wrongfully stating in its order why the parties appeared before it."

Pursuant to Code § 2.2-3006(B), a party may appeal to the circuit court from the decision of a hearing officer under the state grievance procedure. Code § 17.1-405(1) authorizes a further appeal to this Court. However, our Supreme Court has described our standard of review for decisions of this kind as "very narrow . . . ." Va. Polytechnic Inst. & State Univ. v. Quesenberry, 277 Va. 420, 429, 674 S.E.2d 854, 858 (2009). "[B]ecause the General Assembly granted to the circuit courts only the authority to consider whether the final determination of the hearing officer is 'contrary to law,' we are likewise limited to such review in considering whether the trial court erred in its determination." Pound v. Dep't of Game and Inland Fisheries, 40 Va. App. 59, 64, 577 S.E.2d 533, 535 (2003). In such a review, an appealing party must "'identify [a] constitutional provision, statute, regulation or judicial decision which the [hearing officer's] decision contradicted.'" Tatum v. Va. Dep't of Agric. & Consumer Servs., 41 Va. App. 110, 122, 582 S.E.2d 452, 458 (2003) (quoting Virginia Dep't of State Police v. Barton, 39 Va. App. 439, 446, 573 S.E.2d 319, 323 (2002)).

We have reviewed the record, the circuit court's order, and the hearing officer's...