STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

VERONICA R. TOLBERT,

Petitioner,

V.

DEPARTMENT OF CHILDREN AND FAMILIES,

EEOC Case No. 15D201700768 FCHR Case No. 2017-01422 DOAH Case No. 18-3411 FCHR Order No. 18-049

Respondent.

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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Order of Dismissal, dated August 23, 2018, issued in the above-styled matter by Administrative Law Judge R. Bruce McK.ibben.

Findings of Fact and Conclusions of Law

Judge McKibben's order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Ruffa v. Cinepolis, FCHR Order No. 18-037 (August 2, 2018), Sushkova v. Marco Destin, Inc., FCHR Order No. 17-083 (November 2, 2017), Santana v. Charter Communications. Inc., FCHR Order No. 17-067 (August 23, 2017), Jacome v. Victoria's Secret, LLC, FCHR Order No. 16-030 (June 9, 2016), Wade v. District School Board of Putnam County. FCHR Order No. 15-008 (February 12, 2015), Demons v. Emerald Grande. LLC, FCHR Order No. 14-033 (September 10, 2014), Bullard v. Lowry Group Properties, Inc.. et al., FCHR Order No. 13-011 (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051 (September 17, 2012), Dotson v. Department of Financial Services, FCHR Order No. 11-034 (April 13, 2011), Patterson v. Panama City Housing Authority. FCHR Order No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority. FCHR Order No. 10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort,

Filed November 15, 2018 11:42 AM Division of Administrative Hearings

FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Order of Dismissal.

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 of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this /5 day of nl[V ,2018. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna Elam; and

Commissioner Gilbert M. Singer

Filed this 5/ day of ..et,J,.uvu , 2018,

in Tallahassee, Florida.

C- ler- k - - - '-------' ­

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Veronica R. Tolbert

2060 Continental Avenue, #244

Tallahassee, Florida 32304

Department of Children and Families c/o Lynn S. Hewitt, Esq.

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

R. Bruce McKibben, Administrative Law Judge, DOAH

Stanley G. Gorsica, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a ,:o, p

of the foregoing has been mailed to the above listed

1

.

addressees this /5 day of m , 2018.

/

By: '-"' nm a adi0

Clerk of the CollUSSion

Florida Commission on Human Relations

Docket for Case No: 18-003411

Orders for Case No: 18-003411