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Home / Complaints / Final Orders / Final Orders 2004 / FCHR Order No. 04-165

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

BLAKE H. CHANLEY,                                                              

 

     Petitioner,                                                                           

 

v.                                                                                            

 

BREVARD COUNTY SCHOOL BOARD                                               

                                     

     Respondent.       

                            

EEOC Case No. 15DA400430
FCHR Case No. 23-01056
DOAH Case No. 04-1650
FCHR Order No. 04-165

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

 

On  January 16, 2003, Petitioner filed a complaint of discrimination pursuant to Florida Civil Rights Act of 1992, Sections 760.01-760.11, Florida Statutes (2001), alleging that the Respondent committed an unlawful employment practice based on his race, color, sex, religion and in retaliation.   The allegations set forth in the complaint were investigated and on March 24, 2004, the Executive Director issued his determination that there was no reasonable cause to believe that a discriminatory act occurred.   The Petitioner filed a Petition for Relief and was given a formal evidentiary hearing in Melbourne, Florida, on October 28, 2004 before Administrative Law Judge Daniel M. Kilbride. 

Judge Kilbride issued a Recommended Order of Dismissal dated November 3, 2004. 

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

.

Findings of Fact and Conclusions of Law

 

          At the hearing, Petitioner withdrew his request for a formal hearing.  Consequently, Judge Kilbride advised the Petitioner that, if he withdrew his request, he would be voluntarily abandoning his request for any relief at issue in this proceeding. Petitioner acknowledged that he understood the consequences of his request.

          The Petitioner can dismiss the complaint at any time prior to the Commission taking final action under FCHR Rule 60Y-5.008 (7) which states:  “Voluntary Dismissal.  A Petition for Relief may be dismissed by the Petitioner without order of the hearing officer, Panel of Commissioners or Commission (i) by serving or during hearing, by stating on the record, a notice of dismissal at any time before Commission takes final action or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action.   This dismissal operates with prejudice with respect to the Petitioner’s Chapter 760, Florida Statutes, administrative remedies and constitutes final agency action.”

                We adopt the Administrative Law Judge’s finding as to the Petitioner’s desire not to proceed further, and adopt the Administrative Law Judge’s recommended disposition of the matter.          

 

Exceptions

 

          Neither party filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal.

 

Dismissal

 

          The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

 

          The parties have the right to seek judicial review of this Order.  The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this

Order is filed with the Clerk of the Commission.  Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.


Done and Ordered this 23rd day of December, 2004.
For The Florida Commission on Human Relations.

  

Commissioner Rita Craig, Panel Chairperson;

Commissioner Roosevelt Paige; and

Commissioner Mario M. Valle

Filed this 23rd day December, 2004,
in Tallahassee, Florida.

  

  

Violet Crawford, Clerk of the
Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082, Ext. 1032

NOTICE TO COMPLAINANT / PETITIONER

 

          As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action.  To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order.  Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL  33131

 

Copies furnished to:

 

Blake H. Chanley

133 East Peachtree Street

Cocoa, Florida 32922-7756

 

Michael H. Bowling, Esquire

BELL, LEEPER & ROPER, P.A.

PO Box 3669

Orlando, Florida 32802

 

Daniel M. Kilbride, Administrative Law Judge, DOAH

 

Jim Tait, Legal Advisor for Commission Panel

  

Violet Crawford

Clerk of the Commission

Florida Commission on Human Relations