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  5. CLARA VIRGINIA BERT vs DEPARTMENT OF EDUCATION, 93-005812 (1993)

CLARA VIRGINIA BERT vs DEPARTMENT OF EDUCATION, 93-005812 (1993)

Court: Division of Administrative Hearings, Florida Number: 93-005812 Visitors: 13
Petitioner: CLARA VIRGINIA BERT
Respondent: DEPARTMENT OF EDUCATION
Judges: STEPHEN F. DEAN
Agency: Commissions
Locations: Tallahassee, Florida
Filed: Oct. 04, 1996
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 6, 2000.
Latest Update: Apr. 06, 2000
Summary: Whether Petitioner's transfer from the position of Program Director I to the position of Program Specialist IV was in violation of Section 760.10, Florida Statutes.Petitioner proved race discrimination played a significant part in the decision to demote her; and Respondent failed to prove the same result would have occured in the absence of the unlawful factor.
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


CLARA VIRGINIA BERT, )

)

Petitioner, )

)

vs. ) Case No. 93-5812

)

DEPARTMENT OF EDUCATION, )

)

Respondent. )

)


ORDER CLOSING FILE


This cause having come before the undersigned on correspondence from counsel for Petitioner along with a Settlement Agreement With Full and Complete Release, and the undersigned being fully advised, it is, therefore,

ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed.

DONE AND ENTERED this 6th day of April, 2000, in Tallahassee, Leon County, Florida.


STEPHEN F. DEAN

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847


Filed with the Clerk of the Division of Administrative Hearings this 6th day of April, 2000.

COPIES FURNISHED:


Bruce A. Minnick, Esquire Post Office Box 15588

Tallahassee, Florida 32317-5588


William H. Roberts, Esquire Office of the Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32399-1050


Sharon Moultry, Clerk Commission on Human Relations

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149


Docket for Case No: 93-005812
Issue Date Proceedings
Apr. 06, 2000 Order Closing File sent out. CASE CLOSED.
Mar. 31, 2000 (C. Bert, B. Minnick) Settlement Agreement With Full and Complete Release filed.
Sep. 21, 1999 Agency Referral Letter, Petitioner`s Notice of Non settlement filed.
Sep. 21, 1999 CASE REOPENED.
Sep. 15, 1999 Final Order Awarding Relief from an Unlawful Employment Practice filed.
Jul. 08, 1999 Petitioner`s Notice of Nonsettlement filed.
Jul. 08, 1999 Final Order Awarding Relief from an Unlawful Employment Practice filed.
Nov. 17, 1998 Final Order Awarding Relief from an Unlawful Employment Practice filed.
Aug. 27, 1998 (S. Stephens) Notice for Substitution of Counsel filed.
Jul. 02, 1998 (Petitioner) Notice of Filing Amended Affidavit of Attorney`s Fees and Costs Billed filed.
Sep. 12, 1997 Recommended Order sent out. CASE CLOSED. Hearing held 2/19 and 7/28/97.
Aug. 12, 1997 Joint Response to Order Dated March 18, 1997; Notice of Filing Affidavit of Attorney`s Fees; Notice of Filing Affidavit of Litigation Costs; Petitioner`s Analysis of Back Pay Due filed.
Aug. 07, 1997 (From W. Roberts) Supplemental Proposed Recommended Order filed.
Aug. 07, 1997 Petitioner`s Proposed Recommended Order filed.
Aug. 01, 1997 (From B. Minnick) Statement of Verification; Affidavit Regarding Litigation Costs filed.
Jul. 28, 1997 CASE STATUS: Hearing Held.
Jul. 11, 1997 Notice of Hearing and Order sent out. (hearing set for 7/28/97; 10:00am; Tallahassee)
Jun. 09, 1997 Letter to SFD from B. Minnick Re: Back pay filed.
May 07, 1997 Joint Response to Order Dated March 18, 1997; Cover Letter filed.
May 05, 1997 (From B. Minnick) Notice of Filing Affidavit of Attorney`s Fees; Affidavit of Attorney`s Fees filed.
Apr. 15, 1997 Letter to B. Minnick from W. Roberts Re: Joint Response (No enclosure) filed.
Apr. 11, 1997 (Petitioner) Notice of Filing Affidavit of Attorney`s Fees; Affidavit of Attorney`s Fees filed.
Apr. 11, 1997 Joint Response to Order Dated March 3, 1997 w/cover letter filed.
Mar. 31, 1997 Petitioner`s Analysis of Back Pay Due filed.
Mar. 18, 1997 Order sent out. (re: premature to file proposed Findings)
Mar. 17, 1997 Affidavit Regarding Litigation Costs filed.
Mar. 12, 1997 Affidavit Regarding Litigation Costs w/cover letter filed.
Mar. 06, 1997 Affidavit of Jerry Moore with /cover letter filed.
Mar. 03, 1997 (Respondent) Proposed Recommended Order filed.
Feb. 18, 1997 (Bruce Minnick) Affidavit Regarding Attorney's Fees filed.
Feb. 18, 1997 (2) Subpoena Duces Tecum (from B. Minnick); (2) Return of Service Affidavit filed.
Feb. 11, 1997 Letter to SFD from B. Minnick Re: Settlement filed.
Oct. 29, 1996 Notice of Hearing and Order sent out. (hearing set for 2/19/97; 9:30am; Tallahassee)
Oct. 24, 1996 Petitioner`s Response to Order filed.
Oct. 24, 1996 (Respondent) Response to Order filed.
Oct. 22, 1996 (Respondent) Response to Order (filed via facsimile).
Oct. 14, 1996 Order sent out. (parties to give available hearing dates in 10 days)
Oct. 04, 1996 Letter to B. Minnick from James W. York responding to letter filed on October 3, 1996.
Oct. 04, 1996 File was recreated by Mr. Hardin King and returned to DOAH with Letter filed.
Oct. 03, 1996 Order Finding an Unlawful Employment Practice Occurred and Remanding the Matter to the Hearing Officer for Determination of Relief filed.
Oct. 03, 1996 Letter to James W. York from Bruce Minnick (advising the division of unresolved problems and request for assistance in resolving the matter) filed.
Sep. 10, 1996 Order sent out (upon receipt of the file the Hearing Officer will set the case for hearing).
Aug. 16, 1996 Letter to Hearing Officer from B. Minnick Re: Missing file filed.
Feb. 14, 1996 Petitioner's Response to Order filed.
Feb. 09, 1996 (Respondent) Response to Order filed.
Jan. 19, 1996 Order sent out. (Parties to respond within 20 days)
Dec. 13, 1995 Order Finding An Unlawful Employment Practice Occurred And Remanding The Matter to The Hearing Officer for Determination of Relief filed.
Jun. 15, 1994 Recommended Order issued (hearing held April 6, 1994) CASE CLOSED.
Jun. 02, 1994 (Respondent) Motion to Strike Petitioner`s Supplemental Memorandum In Support of Her Proposed Order filed.
May 23, 1994 Petitioner`s Supplemental Memorandum In Support of Her Proposed Order filed.
May 13, 1994 Amended Certificate of Service (for attachment to PRO) filed. (From William H. Roberts)
May 06, 1994 Petitioner's Proposed Findings of Fact and Conclusions of Law filed.
May 04, 1994 Order Granting Enlargement of Time sent out.
May 02, 1994 Respondent's Proposed Recommended Order filed.
May 02, 1994 (Petitioner) Emergency Consented Motion For Enlargement of Time filed.
Apr. 20, 1994 Transcript w/Petitioner's Exhibits 1-15 & Respondent's Exhibit-1 filed.
Apr. 06, 1994 CASE STATUS: Hearing Held.
Mar. 28, 1994 Letter. to W. Roberts from M. Clemons w/ Subp DT copy requesting excuse filed.
Mar. 21, 1994 (Respondent) Notice of Taking Deposition Duces Tecum filed.
Mar. 03, 1994 Sheriff's Return (3) filed. (from B. Minnick)
Mar. 03, 1994 Sheriff's Return of Service (5) filed.
Jan. 28, 1994 Order Granting Continuance and Amended Notice sent out. (hearing rescheduled for 4/6/94; 10:00am; Tallahassee)
Jan. 27, 1994 (Respondent) Motion for Continuance filed.
Dec. 21, 1993 Notice of Hearing sent out. (hearing set for 3-22-94; 9:30am; Tallahassee)
Nov. 05, 1993 Joint Response to Initial Order filed.
Nov. 01, 1993 (Respondent) Answers to Petition (pleading w/no title) filed.
Oct. 15, 1993 Initial Order issued.
Oct. 11, 1993 Transmittal of Petition; Charge of Discrimination; Notice of Redetermination: No Cause; Redetermination: No Cause; Notice of Determination: No Cause; Petition for Relief; Notice to Respondent of Filing of Petition for Relief from an Unlawful Employment P

Orders for Case No: 93-005812
Issue Date Document Summary
Apr. 06, 2000 Other
Sep. 14, 1999 Remanded from the Agency
Jun. 02, 1999 Other
Nov. 16, 1998 Agency Final Order
Sep. 12, 1997 Recommended Order Petitioner proved race discrimination played a significant part in the decision to demote her; and Respondent failed to prove the same result would have occured in the absence of the unlawful factor.
Sep. 10, 1996 Other
Dec. 11, 1995 Remanded from the Agency
Jun. 15, 1994 Recommended Order Petitioner failed to show her demotion was racially motivated in reverse discrimination case.
Source:  Florida - Division of Administrative Hearings
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