STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

PENG, EEOC Case No. NONE

Petitioner, FCHR No. 2016-00617

v. DOAH No. 16-4347

UNIVERSITY OF SOUTH FLORIDA, FCHR Order No. 17-030

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Dajin Peng filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections 760.01 - Florida Statutes alleging that Respondent University of South Florida committed unlawful employment practices on the bases of Petitioner's race (not specified in complaint) and national origin (Chinese), and on the basis of retaliation, by suspending Petitioner from employment, by subjecting Petitioner to harassment, and by making false charges of Petitioner committing sexual harassment and financial irregularities.

The allegations set forth in the complaint were investigated, and, on June the Executive Director issued a No Jurisdiction," finding that the

Commission did not have jurisdiction to investigate Petitioner's complaint because the complaint was not timely filed.

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 on January 6, at sites in Tallahassee and Tampa, Florida, before Administrative Law Judge D. R. Alexander. The issue before Judge Alexander was whether the Commission had jurisdiction to investigate Petitioner's complaint.

Judge Alexander issued a Recommended Order, dated February in which Judge Alexander found that the Commission did not have jurisdiction to investigate Petitioner's complaint because Petitioner's complaint was not timely filed.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Filed April 21, 2017 8:00 AM Division of Administrative Hearings

FCHR Order No. 17-030

Page 2

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.

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

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 day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Jay Pichard

r

Filed day of in Tallahassee, Florida.

, 2017,

FCHR Order No. Page 3

Clerk

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

(850) 488-7082

Copies furnished to:

Dajin Peng

c/o Richard F. Meyers, Esq. The Meyers

Post Office Box 16308 Temple Terrace, FL 33687

University of South Florida c/o Craig S. Dawson, Esq. Office of General Counsel

4202 East Fowler Avenue, CGS 301

Tampa, FL 33620

D. R. Alexander, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-004347

Orders for Case No: 16-004347