STATE OF FLORIDA COMMISSION ON RELATIONS

ANGELA WIGGINS, EEOC No. 15D201500372

Petitioner, FCHR Case No.

v. No. 15-6277

HEALTH CENTER OF PENSACOLA FCHR Order No. 16-022

Respondent.

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FINAL ORDER DISMISSING PETITION

RELIE F FROM UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Angela Wiggins filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - L Florida Statutes (2014), alleging that Respondent Health Center of Pensacola committed an unlawful employment practice on the basis of Petitioner's sex (female) by sexually harassing Petitioner resulting in Petitioner's constructive discharge.

The allegations set forth in the complaint were investigated, and, on October 14, 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 in Pensacola, Florida, on February 2, before Administrative Law Judge Garnett W. Chisenhall.

Judge Chisenhall issued a Pvecommended Order of dismissal, dated February 24,

2016.

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

Filed May 5, 2016 11:06 AM Division of Administrative Hearings

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

(January 14, 2008).

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

Conclusions of Law

We 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, received by the Commission on or about March 4,

There is no indication on the document that it was provided to Respondent as is required by Admin. Code R. and Admin. Code R.

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 March 8, 2016.

While Petitioner's exceptions document does not reference specific findings of fact, conclusions of law or page numbers of the Recommended Order, nor does it contain citations to the record (see the requirements for exceptions set out in Section 120.57(l)(k), Florida Statutes (2015)), in our view, generally, it can be said that the document takes issue with inferences drawn and credibility determinations made from the evidence presented.

The Commission has stated, "It is well settled that it is the Administrative Law Judge's function 'to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. I f the evidence presented supports two inconsistent findings, it is the Administrative Law Judge's role to decide between them.' Beckton v. Department of Children and Family Services,

F.A.L.R. 1735, at 1736 (FCHR 1998), citing Maggio v. Martin Marietta Aerospace, 9

F.A.L.R. 2168, at 2171 (FCHR 1986)." Barr v. Columbia Regional Medical Center, 22 F.A.L.R. 1729, at (FCHR 1999). Accord, Bowles v. Jackson County Hospital Corporation, FCHR Order No. (December 6, 2005) and Eaves v.

LB Central Florida Portfolio, FCHR Order No. -029 (March

In addition, it has been stated, "The ultimate question of the existence of discrimination is a question of fact." Florida Department of Community Affairs v. Bryant, 586 So. 2d 1205, at 1209 (Fla. DCA 1991). Accord, v. Bay County

Board of County Commissioners, FCHR Order No. (March Eaves, supra.

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 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 day of

THE COMMISSION RELATIONS:

Commissioner Rebecca Steele, Chairperson; Commissioner Derick Daniel; and

Commissioner Sandra Turner

Filed this day of , in Tallahassee, Florida.

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Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Angela Wiggins 4507 Florelle Way

Pensacola, FL 32505

Health Center of Pensacola c/o Joseph Ballay

8475 University Parkway

Pensacola, FL 32514

Garnett W. Chisenhall, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy the foregoing has been mailed to the above

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 15-006277

Orders for Case No: 15-006277