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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-016

FCHR Order No. 09-016

Date of Release: 03/17/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

VAN GANDY

EEOC Case No. 15D200800687

Petitioner

 

v.

FCHR Case No. 2008-01654

   

ACCUSTAFF

DOAH Case No. 08-5243

Respondent

FCHR Order No. 09-016

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order, dated December 10, 2008, issued in the above-styled matter by Administrative Law Judge Harry L. Hooper.

Findings of Fact and Conclusions of Law

Judge Hooper’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Consequently, Judge Hooper recommended the Commission issue a final order dismissing the case.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We adopt the Administrative Law Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his burden of proof.

Exceptions

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

Petitioner wrote a letter to Judge Hooper, dated December 12, 2008, and received by the Division of Administrative Hearings on December 19, 2008, in which he indicated he was unable to attend the hearing and requesting Judge Hooper to reopen the case.

FCHR Order No. 09-016

Page 2

Noting that the letter contains no explanation as to why Petitioner was unable to attend the scheduled final hearing of this matter, we decline to consider this document as an “exception” document.

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 6th day of March , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Anice R. Prosser, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Mario M. Valle

Filed this 6th day of March , 2009,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

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.

FCHR Order No. 09-016

Page 3

Copies furnished to:

Van Gandy

8580 Vickie Street

Pensacola, FL 32514

AccuStaff

c/o Julie Wells

5710 North Davis Highway, Suite 5

Pensacola, FL 32503

Harry L. Hooper, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 6th day of March , 2009.

By:

Clerk of the Commission

Florida Commission on Human Relations