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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-073

FCHR Order No. 10-073

Date of Release: 09/21/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

STEPHANIE TAYLOR

EEOC Case No. 15D200700788

Petitioner

 

v.

FCHR Case No. 2007-02118

   

LAKE CITY COMMUNITY COLLEGE

DOAH Case No. 09-2385

   

Respondent

FCHR Order No. 10-073

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Stephanie Taylor filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Lake City Community College committed unlawful employment practices on the basis of Petitioner’s race (Black) by harassing Petitioner, and on the basis of retaliation by terminating Petitioner for filing a grievance alleging that she was the subject of racial slurs.

The allegations set forth in the complaint were investigated, and, on March 12, 2009, the Executive Director issued his determination finding that there was reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Lake City, Florida, on March 23 and 24, 2010, before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated June 30, 2010.

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

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

FCHR Order No. 10-073

Page 2

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

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

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 to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 21st day of September , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Joanna Cunningham; and

Commissioner Patty Ball Thomas

Filed this 21st day of September , 2010,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 10-073

Page 3

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:

Stephanie Taylor

165 Northeast Rifle Court

Lake City, FL 32055

Lake City Community College

c/o Jesse S. Hogg, Esq.

Hogg, Ryce & Spencer

7701 Erwin Road

Coral Gables, FL 33143

Lawrence P. Stevenson, 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 21st day of September , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations