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JANICE B. CAMPBELL vs COX CABLE, 12-002617 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002617 Visitors: 32
Petitioner: JANICE B. CAMPBELL
Respondent: COX CABLE
Judges: SUZANNE VAN WYK
Agency: Florida Commission on Human Relations
Locations: Pensacola, Florida
Filed: Aug. 07, 2012
Status: Closed
Recommended Order on Tuesday, November 13, 2012.

Latest Update: Feb. 06, 2013
Summary: Whether Respondent, Cox Cable, discriminated against Petitioner, Janice B. Campbell, in violation of the Florida Civil Rights Act of 1992 (“the Act”), sections 760.01–760.11 and 509.092, Florida Statutes, by disciplining and then terminating her, in retaliation for her participation in a protected activity under the Act.Petitioner failed to prove by a preponderence of the evidence that Respondent discriminated against her in retaliation for engaging in a protected activity in violation of the Fl
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


JANICE B. CAMPBELL, EEOC Case No. 15D201200329


Petitioner, FCHR Case No. 2012-01182


v. DOAH Case No. 12-2617


COX CABLE, FCHR Order No. 13-006


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Janice B. Campbell 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 Cox Cable committed an unlawful employment practice on the basis of retaliation by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 3, 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 Pensacola and Tallahassee, Florida, on October 4, 2012, before Administrative Law Judge Suzanne Van Wyk.


2012.

Judge Van Wyk issued a Recommended Order of dismissal, dated November 13,


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.


Filed February 6, 2013 9:16 AM Division of Administrative Hearings


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 6th day of February , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner James Johns


Filed this 6th day of February , 2013, 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:


Janice B. Campbell 6270 Confederate Drive

Pensacola, FL 32508


Cox Cable

c/o William Drummond Deveney, Esq. Elarbee, Thompson, Sapp and Wilson, LLP 800 International Tower

229 Peachtree Street, Northeast Atlanta, GA 30303


Suzanne Van Wyk, 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 February , 2013.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 12-002617
Issue Date Proceedings
Feb. 06, 2013 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Nov. 13, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 13, 2012 Recommended Order (hearing held October 4, 2012). CASE CLOSED.
Nov. 06, 2012 Petitioner`s Proposed Recommended Order filed.
Nov. 02, 2012 Respondent's Proposed Recommended Order filed.
Oct. 23, 2012 Transcript (not available for viewing) filed.
Oct. 04, 2012 CASE STATUS: Hearing Held.
Oct. 02, 2012 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 02, 2012 Respondent's Supplemental Notice of Filing of Proposed Exhibits filed.
Sep. 28, 2012 Respondent's Notice of Intent to Provide Certified Court Reporter filed.
Sep. 27, 2012 Respondent's Witness List filed.
Sep. 27, 2012 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 27, 2012 Respondent's Notice of Filing of Proposed Exhibits filed.
Sep. 12, 2012 Order Accepting Qualified Representative.
Sep. 12, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 4, 2012; 9:30 a.m., Central Time; Pensacola, FL).
Sep. 11, 2012 Respondent's (Proposed) Exhibit List filed.
Sep. 11, 2012 Respondent's Witness List filed.
Sep. 10, 2012 Respondent's Motion for Extension of Hearing Date and Related Deadlines filed.
Sep. 07, 2012 Notice of Appearance and Request to Appear as the Qualified Representative of Record on Behalf of Cox Cable filed.
Sep. 07, 2012 Notice of Appearance (William Deveney) filed.
Aug. 17, 2012 Order of Pre-hearing Instructions.
Aug. 17, 2012 Notice of Hearing by Video Teleconference (hearing set for September 18, 2012; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
Aug. 08, 2012 Initial Order.
Aug. 07, 2012 Employment Complaint of Discrimination filed.
Aug. 07, 2012 Notice of Determination: No Cause filed.
Aug. 07, 2012 Determination: No Cause filed.
Aug. 07, 2012 Transmittal of Petition filed by the Agency.
Aug. 07, 2012 Petition for Relief filed.

Orders for Case No: 12-002617
Issue Date Document Summary
Feb. 06, 2013 Agency Final Order
Nov. 13, 2012 Recommended Order Petitioner failed to prove by a preponderence of the evidence that Respondent discriminated against her in retaliation for engaging in a protected activity in violation of the Florida Civil Rights Act of 1992.
Source:  Florida - Division of Administrative Hearings

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