Jackson v. Veterans Administration
United States Court of Appeals for the Federal Circuit
768 F.2d 1325 (1985)
Relevant factsFree
The Veterans Administration (defendant) removed Jackson (plaintiff) from a supervisory role for allegedly sexually harassing subordinates on several occasions. A presiding official reversed that removal on appeal, but the agency's reviewing board then reversed the presiding official, concluding a preponderance of the evidence supported two of the alleged incidents and that removal was a reasonable penalty based on those two. Jackson appealed to the Federal Circuit.
IssueFree
Whether a reviewing board may reverse the findings of a presiding official simply because the board disagrees with the presiding official's credibility assessment.
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