The Veterans Administration (defendant) removed Mr. Jackson (plaintiff) from a supervisory position on the ground that Jackson sexually harassed subordinates on a number of occasions. Jackson appealed, and the presiding official reversed the decision. The agency sought review, and the board reversed the presiding official’s decision. The board based its reversal on its conclusion that a preponderance of the evidence supported two of the alleged instances of misconduct and that the penalty of removal was not unreasonable based only on those two instances. Jackson appealed to the Federal Circuit.