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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-028

FCHR Order No. 12-028

Date of Release: 06/27/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

SANDRA JOHNSON

 

EEOC Case No. 15D201100449

Petitioner

 

FCHR Case No. 2011-02094

   

DOAH Case No. 11-6467

v.

   

APALACHEE MENTAL HEALTH

 

FCHR Order No. 12-028

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Sandra Johnson filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Apalachee Mental Health committed unlawful employment practices on the basis of Petitioner’s race (African American) in the manner in which she was disciplined and eventually terminated from employment. Petitioner also alleged that Respondent committed unlawful employment practices on the basis of her sex (female) by subjecting Petitioner to sexual harassment.

The allegations set forth in the complaint were investigated, and, on December 8, 2011, the Executive Director issued his determination finding that there was no 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 Tallahassee, Florida, on February 16, 2012, before Administrative Law Judge F. Scott Boyd.

Judge Boyd issued a Recommended Order of dismissal, dated April 10, 2012.

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. 12-028

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

Petitioner filed exceptions to the Administrative Law Judge’s Recommended Order in a document entitled “Findings of Fact,” received by the Commission on April 30, 2012.

There is no indication on the document that it was provided to the Respondent as is required by Fla. Admin. Code R. 28-106.104(4) and Fla. Admin. Code R. 28-106.110. However, the Commission published the document to the Respondent, and placed the document in the record of this case, through the issuance of a notice of ex parte communication, mailed to the parties on May 2, 2012.

The Administrative Procedure Act states, “The agency shall allow each party 15 days in which to submit written exceptions to the recommended order.” Section 120.57(1)(k), Florida Statutes (2011). The Recommended Order, itself, advises the parties, “All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.” See Recommended Order, page 26. Finally, the Florida Administrative Code section dealing with the filing of exceptions to Recommended Orders states, “No additional time shall be added to the time limits for filing exceptions or responses to exceptions when service has been made by mail.” Fla. Admin. Code R. 28-106.217(4).

The date of the Recommended Order is April 10, 2012, and, as indicated above, Petitioner’s exceptions were received by the Commission on April 30, 2012, 20 days after the date of the Recommended Order.

Petitioner’s exceptions are untimely. Accord, Barbagallo v. Ocean Park Condominium Association, FCHR Order No. 11-060 (July 13, 2011) and Drayton v. Lowe’s Home Centers, Inc., FCHR Order No. 12-015 (April 23, 2012).

Petitioner’s exceptions are rejected.

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

FCHR Order No. 12-028

Page 3

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

DONE AND ORDERED this 27th day of June , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Billy Whitefox Stall, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Lizzette Romano

Filed this 27th day of June , 2012,

in Tallahassee, Florida.

__________/s/________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Sandra Johnson

284 Centerline Road

Crawfordville, FL 32327

Apalachee Mental Health

c/o Chris Rush, Esq.

Rush and Associates

1880 North Congress Avenue, Suite 205

Boynton Beach, FL 33426

Apalachee Mental Health

c/o Thomas Groendyke, Esq.

Douberly and Cicero

1000 Sawgrass Corporate Parkway, Suite 590

Sunrise, FL 33323

FCHR Order No. 12-028

Page 4

F. Scott Boyd, 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 27th day of June , 2012.

By: _______/s/_________________

Clerk of the Commission

Florida Commission on Human Relations