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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-064

FCHR Order No. 12-064

Date of Release: 12/19/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

EMORY CARL SIMS

 

EEOC Case No. 846201121061

Petitioner

 

FCHR Case No. 2012-00323

   

DOAH Case No. 12-1799

v.

 

FCHR Order No. 12-064

     

VALENCIA COLLEGE

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Emory Carl Sims 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 Valencia College committed an unlawful employment practice on the basis of Petitioner’s race (Black) by failing to renew a teaching contract with Petitioner.

The allegations set forth in the complaint were investigated, and, on May 9, 2012, the Executive Director issued a 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 by video teleconference at sites in Tallahassee and Orlando, Florida, on July 17 and August 20, 2012, before Administrative Law Judge Thomas P. Crapps.

Judge Crapps issued a Recommended Order of dismissal, dated September 21, 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. 12-064

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 19th day of December , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Lizzette Romano; and

Commissioner Mario M. Valle

Filed this 19th day of December , 2012,

in Tallahassee, Florida.

___________/s/______________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 12-064

Page 3

Copies furnished to:

Emory Carl Sims

6904 Van Gundy Road

Jacksonville, FL 32208

Valencia College

c/o Jason E. Vail, Esq.

Allen, Norton and Blue, P.A.

906 North Monroe Street, Ste. 100

Tallahassee, FL 32303

Valencia College

c/o Rosemary O’Shea, Esq.

Baker and Hostetler, LLP

SunTrust Center, Suite 2300

200 South Orange Avenue

Orlando, FL 32801

Thomas P. Crapps, 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 19th day of December , 2012.

By: __________/s/______________

Clerk of the Commission

Florida Commission on Human Relations