STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DANIEL WALKER,

Petitioner,

v.

BROWARD COUNTY SCHOOLS,

EEOC Case No. 15D201900101 FCHR Case No. 201913348 DOAH Case No. 19-6317 FCHR Order No. 21-017

Respondent.

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FINAL ORDER DISl\flSSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated December 15, 2020, issued in the above-styled matter by Administrative Law Judge Brittany 0. Finkbeiner.

Findings of Fact and Conclusions of Law

Judge Finkbeiner'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., 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 Comoration, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Entemrises. d/b/a Plantation Island Resort, 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).

Filed February 25, 2021 4:37 PM Division of Administrative Hearings

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

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

DONE AND ORDERED tbisd5dayorJk ?Ji, ,2021. FOR THE FLORIDA COMMISSION ON HUMAN ATIONS:

Commissioner Darrick McGhee, Panel Chairperson; Commissioner Larry Hart; and

Commissioner Angela Primiano

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Daniel Walker

503 N.W. 40th Street, Apartment 8 Oakland Park, Florida 33309-5180

Broward County Schools

c/o Michael T. Burke, Esquire c/o Selena A. Gibson, Esquire

Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Boulevard, Suite 1000

Fort Lauderdale, Florida 33304

Brittany 0. Finkbeiner, Administrative Law Judge, DOAH John Scotese, Legal Advisor for Commission Panel

d5 r/1 /_,

I HEREBY CERTIFY that OP.Y of the foregoing has been mailed to the above listed addressees this day o -"'-" 2021.

By: V atn

Clerk of the Co ·ssion

Florida Commis· on on Human Relations

Docket for Case No: 19-006317

Orders for Case No: 19-006317