Commonwealth v. Needham

I. INTRODUCTION

HALEY, Judge.

Pursuant to the provisions of the State Grievance Procedure, Code § 2.2-3000 et seq., a hearing officer sustained the termination of Todd Needham’s employment as a guard at Wallens Ridge State Prison. The officer found as facts, supported by the preponderance of the evidence, that Need-ham had violated two sections of the Virginia Department of Corrections Operating Procedure. Needham appealed to the circuit court, as provided by Code § 2.2-3006(B). 1 That code section authorizes a circuit court to determine, based on the administrative record, if the hearing…