Garcia, Jr. v. Bd. of Regents of Nev.

• Court: Nevada Supreme Court
• Decided: July 31, 2014
• Docket: 61611
• Status: Unpublished

Opinion

State v. Tatalovich, 129 Nev. „ 309 P.3d 43, 44 (2013). A court may set a hearing officer's decision aside if it rests on an error of law or constitutes an abuse of discretion. Id. Garcia argues that the district court erred by applying Dredge outside of a correctional-facility context. We need not decide whether Dredge applies under these circumstances. Even without giving deference to UNR's decision to terminate Garcia's employment, we affirm. See Saavedra-Sandoval v. Wal-Mart Stores, Inc., 126 Nev. „ 245 P.3d 1198, 1202 (2010) ("This court will affirm a district court's order if the district court reached the correct result, even if for the wrong reason."). The hearing officer found that Garcia committed 28 violations, including insubordination, incompetence, inexcusable neglect of duty, discourteous treatment of the public, failure to prepare required reports, disregard of regulations, carelessness, jeopardizing security, failure to report a crime, failure to investigate thoroughly, and bringing discredit on UNRPD. The hearing officer found that these violations arose out of four separate incidents, including Garcia's failure to investigate or report the on-campus theft of a loaded handgun. Despite these findings, the hearing officer concluded that termination was excessive. This conclusion is wholly inconsistent with the hearing officer's findings, particularly in light of the ever-present need for security on college campuses. See generally Stanton v. Univ. of Me. Sys., 773 A.2d 1045, 1050 (Me. 2001) (recognizing "that the concentration of young people, especially young women, on a college campus[ creates a favorable opportunity for criminal behavior"); Diana A. Drysdale et al., Campus Attacks: Targeted Violence Affecting Institutions of Higher Education (U.S. Secret Service et al. 2010), available at http://www.secretservice.govintac/CampusAttacks041610.pdf

SUPREME COURT OF NEVADA 2 (0) 1947A (collecting statistics regarding violent crime on college and university campuses in the United States). We therefore conclude that the hearing officer abused his discretion by ordering Garcia reinstated. See Tatalovich, 129 Nev. at , 309 P.3d at 44. Accordingly, we ORDER the judgment of the district court AFFIRMED.

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SUPREME COURT OF NEVADA 3 (0) 1947A cc: Hon. Janet J. Berry, District Judge David Wasick, Settlement Judge Morris Polich & Purdy, LLP/Las Vegas Morris Polich & Purdy, LLP/Los Angeles University of Nevada, Reno, Office of General Counsel Washoe District Court Clerk

SUPREME COURT OF NEVADA 4 (0) 1947A )4N)49