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KALIA BOUIE vs LONE WOLF SECURITY SERVICES, 14-001463 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001463 Visitors: 32
Petitioner: KALIA BOUIE
Respondent: LONE WOLF SECURITY SERVICES
Judges: W. DAVID WATKINS
Agency: Florida Commission on Human Relations
Locations: Panama City, Florida
Filed: Mar. 31, 2014
Status: Closed
Recommended Order on Thursday, January 29, 2015.

Latest Update: Apr. 15, 2015
Summary: Did Respondent, Lone Wolf Security Services (Lone Wolf), discriminate against Petitioner on account of her race, sex, or religion, or retaliate against Petitioner in violation of chapter 760, Florida Statutes?Petitioner failed to establish that she was the victim of discrimination based upon race, religion, or gender, or that Respondent retaliated against her.
TempHtml



STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


EEOC Case No. NONE


Petitioner, FCHR No. 2013-01563

v. 14-1463

LONE WOLF SECURITY SERVICES, FCHR Order No. 15-022

Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2012), alleging that Respondent Lone Wolf Security Services committed unlawful employment practices on the bases of Petitioner's race sex (female) and religion (Christian) by harassing Petitioner and by constructively discharging Petitioner.

The allegations set forth in the complaint were investigated, and, on February 21, 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 Panama City and Tallahassee, Florida, on October 24 and December before Administrative Law Judge W. David Watkins.

Judge Watkins issued a Recommended Order of dismissal, dated January 29,

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


A transcript of the proceeding before the Administrative Law Judge not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

et 527 So. 2d 894, at 897, 898 5th DCA 1988). Accord, Coleman v.


Filed April 15, 2015 11:05 AM Division of Administrative Hearings


Daytona Beach, Ocean Center Parking Garage, FCHR Order No. (September Gantz, et al. v. Zion's Hope, Inc., Holy Land Experience, FCHR Order No. (June 6, and Hall v. Villages of West Qaks HOA. FCHR Order No. 08-007

(January 14, 2008).

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


Conclusions of Law


We find the Administrative Law Judge's application of the law to the facts to in 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 Florida Statutes, and in the Florida Rules of Appellate Procedure


DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON RELATIONS:


Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Donna


Filed this of _ in Tallahassee, Florida.

., 2015,


Clerk

on Human Relations

4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082


Copies


Florida Avenue, Apt. E Lynn Haven, FL 32444


Lone Wolf Security Services c/o William L. Lasko, Jr.

6733 Highway 22 Panama City, FL 32404


W. David Watkins, 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


the Commission

Florida Commission on Human Relations


Docket for Case No: 14-001463
Issue Date Proceedings
Apr. 15, 2015 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Jan. 29, 2015 Recommended Order (hearing held October 24, 2014, and December 16, 2014). CASE CLOSED.
Jan. 29, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 22, 2014 Notice of Ex-parte Communication.
Dec. 22, 2014 Letter to Judge Watkins from Kalia Bouie regarding a determined in this case filed.
Dec. 16, 2014 CASE STATUS: Hearing Held.
Nov. 25, 2014 Order Granting Request to Allow Additional Testimony by Video Teleconference.
Nov. 10, 2014 Reschedule Hearing for Witness to Testify filed.
Nov. 03, 2014 Respondent's Proposed Decision filed.
Nov. 03, 2014 Petitioner's additional documents (not available for viewing) filed.
Nov. 03, 2014 Letter to Judge Watkins from Kalia Bouie regarding additonal papers (not available for viewing) filed.
Oct. 31, 2014 Letter to Judge Watkins from Kalia Bouie regarding Exhibit 4 and 5, and other papers (not available for viewing) filed.
Oct. 24, 2014 CASE STATUS: Hearing Held.
Oct. 23, 2014 Subpoena ad Testificandum (Shequita Holt) filed.
Oct. 17, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 10, 2014 Court Reporter Request filed.
Sep. 09, 2014 Order Re-scheduling Hearing by Video Teleconference (hearing set for October 24, 2014; 8:30 a.m., Central Time; Panama City, FL).
Aug. 28, 2014 Letter to Judge Watkins from Kalia Bouie requesting to reschedule hearing date filed.
Jul. 31, 2014 Certificate (with CD) filed.
Jul. 28, 2014 Order Granting Continuance (parties to advise status by September 1, 2014).
Jul. 25, 2014 Petitioner Motion to Reschedule filed.
Jul. 25, 2014 Petitioner Motion to Reschedule filed.
Jul. 24, 2014 Notice of Ex-parte Communication.
Jul. 22, 2014 Letter to Judge Watkins from Kalia Bouie regarding evidence and informing to be own witness filed.
Jul. 16, 2014 Letter to Judge Watkins from Kalia Bouie copies of my evidence (not available for viewing) filed.
Jun. 23, 2014 Court Reporter Notice filed.
Jun. 23, 2014 Order Re-scheduling Hearing by Video Teleconference (hearing set for July 29, 2014; 9:00 a.m., Central Time; Panama City, FL).
Jun. 17, 2014 E-mail to Judge Watkins from Kalia Bouie regarding rescheduling hearing filed.
Jun. 10, 2014 Order Granting Continuance (parties to advise status by June 20, 2014).
Jun. 09, 2014 Notice of Ex-parte Communication.
Jun. 06, 2014 Motion to Reschedule filed.
May 02, 2014 Respondent's Proposed Exhibits filed.
Apr. 14, 2014 Court Reporter Notice filed.
Apr. 11, 2014 Order of Pre-hearing Instructions.
Apr. 11, 2014 Notice of Hearing by Video Teleconference (hearing set for June 11, 2014; 9:30 a.m., Central Time; Panama City and Tallahassee, FL).
Apr. 07, 2014 Letter to Judge Watkins from Kalia Bouie regarding initial order filed.
Mar. 31, 2014 Initial Order.
Mar. 31, 2014 Employment Complaint of Discrimination filed.
Mar. 31, 2014 Notice of Determination: No Cause filed.
Mar. 31, 2014 Determination: No Cause filed.
Mar. 31, 2014 Petition for Relief filed.
Mar. 31, 2014 Transmittal of Petition filed.

Orders for Case No: 14-001463
Issue Date Document Summary
Apr. 15, 2015 Agency Final Order
Jan. 29, 2015 Recommended Order Petitioner failed to establish that she was the victim of discrimination based upon race, religion, or gender, or that Respondent retaliated against her.
Source:  Florida - Division of Administrative Hearings

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