## Facts

- Riley E. Jackson was a supervisory employee (Animal Caretaker Foreman) at a Veterans Administration Medical Center in Denver, Colorado.
- The Veterans Administration removed Jackson based on five alleged incidents of sexual harassment involving a subordinate employee.
- Jackson had two prior reprimands for failing to follow instructions and for negligent workmanship involving falsification of an attendance record.
- After a live-witness hearing, an MSPB presiding official found the agency failed to prove any charged incident by a preponderance of the evidence and reversed the removal.
- On agency petition, the MSPB Board reversed the presiding official, sustained two incidents (A and D) as proven by a preponderance of the evidence, and upheld removal in light of those incidents and Jackson’s prior record.
- Jackson sought judicial review in the Federal Circuit under 5 U.S.C. § 7703.

## Issues

1. Whether the MSPB may reverse a presiding official’s credibility-based findings without providing a reasoned, record-based explanation sufficient to satisfy substantial-evidence review under 5 U.S.C. § 7703(c).
2. Whether substantial evidence supported the MSPB’s findings that incidents A and D occurred.
3. Whether removal remained a reasonable penalty when only the properly sustained misconduct was considered.

## Decision

- The Federal Circuit affirmed the MSPB’s finding that Incident D was supported by substantial evidence.
- The Federal Circuit reversed the MSPB’s finding that Incident A was supported by substantial evidence because the Board did not adequately explain its rejection of the presiding official’s credibility assessment.
- Because only one incident (D) was sustained, the court vacated the removal determination and remanded for imposition of a lesser penalty.
- The judgment was affirmed in part, reversed in part, vacated in part, and remanded.

## Legal Principles

- Under 5 U.S.C. § 7703(c), a reviewing court sustains an MSPB decision only if it is supported by substantial evidence on the record as a whole.
- The MSPB may review the full record and is not categorically bound by a presiding official’s factual and credibility findings.
- When the MSPB departs from credibility determinations based on live testimony, it must articulate a sound, record-based reason for its contrary evaluation of the evidence; unexplained reweighing of credibility is insufficient.
- If the set of sustained charges materially changes, the penalty must be reassessed; a penalty upheld based on multiple sustained incidents cannot automatically stand when a significant charge is reversed.

## Conclusion

The Federal Circuit held that the MSPB must provide a reasoned, record-based explanation when it rejects a presiding official’s credibility findings, reversed one misconduct finding for lack of substantial evidentiary support, and remanded for a reduced penalty because only one incident remained sustained.


Jackson v. Veterans Admin., 768 F.2d 1325 (Fed. Cir. 1985)