STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARVIN GRAHAM, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1191

)

DEPARTMENT OF EDUCATION, )

DIVISION OF UNIVERSITIES , ) UNIVERSITY OF SOUTH FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, on November 2, 1977, in the Commissioners' Conference Room 250A, 2nd Floor, Hillsborough County Courthouse, 419 Pierce Street, Tampa, Florida.

Petitioner appeared in his own behalf and Respondent was represented by Leslie Stein, Esquire.

Respondent, Department of Education, Division of Universities, University of South Florida (hereafter USF), seeks to sustain disciplinary action taken against Petitioner, Marvin Graham (hereafter Graham), for absence without authorized leave. Graham contends his suspension without pay for a period of forty (40) hours was without good cause because USF's policy regarding prior approval for leave was superceded by actual practice and that prior approval for Graham's absence was not required. The suspension is found to have been for good cause.

FINDINGS OF FACT

1. Graham is employed by USF as a police officer at the Tampa campus and was so employed on December 18, 1976, at 1:30 a.m.

   
   

2. On that date it was the policy of the campus police department that prior authorization be obtained from immediate supervisors prior to the taking of any time off from scheduled duties. Graham was fully aware of this policy.

   
   

3. Graham was scheduled to appear for duty at 1:30 a.m., on December 18, 1976. At 8:46 p.m., December 17, 1976, Graham telephoned the dispatcher on duty and advised him to relate to Graham's supervisor that he would not be in for work at 1:30 a.m., the following day. Graham then failed to appear at the appointed hour and performed no duties during that scheduled shift.

   
   

4. During his employment with USF, Graham has been disciplined five (5) previous times for being absent without authorized leave.

   CONCLUSIONS OF LAW

   
   

5. It is concluded that Graham's suspension without pay for a period of forty (40) hours was for good cause. It is, therefore

RECOMMENDED that the Career Service Commission sustain the action taken by

USF.

DONE and ENTERED this 16th day of February, 1978, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Leslie Stein, Esquire Mrs. Dorothy B. Roberts Associate General Counsel Appeals Coordinator University of South Florida 530 Carlton Building

Tampa, Florida 33620 Tallahassee, Florida 32304

Mr. Marvin L. Graham, Sr.

205 Poinsettia Pine Court Wisperwood Apartments Tampa, Florida 33612

Docket for Case No: 77-001191

Orders for Case No: 77-001191