Petitioner: PERCY LUNEY
Respondent: FLORIDA A AND M UNIVERSITY BOARD OF TRUSTEES
Judges: DIANE CLEAVINGER
Agency: Universities and Colleges
Locations: Tallahassee, Florida
Filed: Oct. 14, 2005
Status: Closed
Recommended Order on Wednesday, July 12, 2006.
Latest Update: Nov. 08, 2019
Summary: The issue in this case is whether Petitioner as Dean and tenured faculty professor of the University's College of Law should be terminated.The evidence did not show that Petitioner intended to defraud the school by hiring an employee who did not fulfill assigned duties, but did show a lack of supervision and forthrightness which affected Petitioner`s positions as dean and tenured professor.
05003806_282_11082019_10023233_eBEFORE THE BOARD OF TRUSTEES
FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY
PERCYLUNEY
Petitioner,
vs.
Florida A & M University Board of Trustees,
Respondent.
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) DOAH Case. No. 05-3806
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FINAL ORDER
This matter came before the Board of Trustees for Florida A & M University (hereinafter the "Board") for entry of a Final Order upon submission of a Recommended Order by the designated State of Florida Division of Administrative Hearings, Administrative Law Judge, Diane Cleavinger, a copy of which is attached hereto and incorporated herein by reference in this Final Order. The Board rejects Petitioner's Exceptions to the Administrative Law Judge's Findings of Fact and Conclusions of Law in their entirety. In addition, the Board finds that oral argument is unnecessary regarding the Petitioner's Exceptions and therefore denies the Petitioner's request for Oral argument on this matter. Accordingly, the Board hereby adopts the Recommended Order as its Final Order in this matter and it is
ORDERED and ADJUDGED that Petitioner's employment as an administrative and tenured employee with Florida A & M University is hereby terminated.
40104
Filed November 8, 2019 10:02 AM Division of Administrative Hearings
DONE AND ORDERED this
Chair
Board of TrusteesI
Florida A & M University Suite 300 Lee Hall Tallahassee, Florida 32307
Filed with the Clerk of the Board of Trustees
Florida A & M University
this £ day of September, 2006
NOTICE OF APPEAL RIGHTS
Judicial review of this Final Order may be had pursuant to Section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this State in an appellate district where a party resides. In order to initiate such review, one copy of the Notice of Appeal must be filed with the Board and the other copy of the Notice of Appeal, together with the filing fee, must be filed with the Court within thirty (30) days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure.
Copies Furnished:
Thomas Brooks, Esquire Meyer & Brooks, P.A.
2544 Blairstone Pines Drive Post Office Box 1547 Tallahassee, Florida 32302
Robert L. Norton, Esquire Allen, Norton & Blue, P.A. 121 Majorca,
Suite 300
Coral Gables, Florida 33134
Robert E. Larkin, III, Esquire Allen, Norton & Blue, P.A. 906 North Monroe Street Tallahassee, Florida 32301
40104 2
Docket for Case No: 05-003806
Issue Date |
Proceedings |
Nov. 08, 2019 |
Respondent's Responses to Petitioner's Exceptions to the Recommended Order filed.
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Nov. 08, 2019 |
Petitioner's Request for Oral Argument filed.
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Nov. 08, 2019 |
Petitioner's Exceptions to the Recommended Order filed.
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Nov. 08, 2019 |
Agency Final Order filed.
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Jul. 12, 2006 |
Recommended Order (hearing held March 28 and 29, 2006). CASE CLOSED.
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Jul. 12, 2006 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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May 24, 2006 |
Respondent`s Proposed Recommended Order filed.
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May 24, 2006 |
Brief in Support of Proposed Findings of Fact and Conclusions of Law filed.
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May 24, 2006 |
(Petitioner`s) Proposed Findings of Fact and Conclusions of Law filed.
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May 22, 2006 |
Order Granting Extension of Time (Respondent`s Unopposed Motion for Three-Day Extension of Time to File Proposed Recommended Order to be filed by May 24, 2006).
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May 17, 2006 |
Respondent`s Unopposed Motion for Three-day Extension of Time to File Recommended Order filed.
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May 17, 2006 |
Order Granting Extension of Time (Amended Order Granting Extension of Time to be filed by May 19, 2006).
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May 12, 2006 |
Respondent`s Unopposed Motion for Seven day Extension of Time to File Recommended Order filed.
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May 09, 2006 |
Order Granting Extension of Time (Respondent`s Unopposed Motion for Seven Day Extension of Time to File Recommended Ordres to be filed by May 15, 2006).
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May 08, 2006 |
Respondent`s Unopposed Motion for Seven-day Extension of Time to File Recommended Order filed.
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Apr. 12, 2006 |
Transcript (Volumes 1-3) filed. |
Apr. 03, 2006 |
Letter to Judge Cleavinger from T. Brooks enclosing Petitioner`s Exhibit 21 filed (not available for viewing).
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Mar. 28, 2006 |
CASE STATUS: Hearing Held. |
Mar. 23, 2006 |
Petitioner`s Response to Motion to Strike Witness filed.
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Mar. 22, 2006 |
Respondent`s Motion to Strike Witness filed.
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Mar. 21, 2006 |
Parties Joint Prehearing Stipulation filed.
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Mar. 14, 2006 |
Petitioner`s Supplemental Response to Respondent`s First Request for Production of Documents filed.
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Mar. 10, 2006 |
Notice of Taking Depositions filed.
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Feb. 28, 2006 |
Petitioner`s Supplemental Response to Respondent`s First Set of Interrogatories filed.
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Feb. 23, 2006 |
Amended Notice of Taking Depositions filed.
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Feb. 23, 2006 |
Notice of Taking Depositions filed.
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Feb. 03, 2006 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 28 and 29, 2006; 9:30 a.m.; Tallahassee, FL).
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Feb. 02, 2006 |
Joint Motion for Continuance filed.
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Jan. 31, 2006 |
Notice of Taking Depositions filed.
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Jan. 25, 2006 |
Petitioner`s Response to Respondent`s First Request for Production of Documents filed.
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Jan. 25, 2006 |
Petitioner`s Response to Respondent`s Request for Admissions filed.
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Jan. 23, 2006 |
Petitioner`s Notice of Service of Answers to Respondent`s First Set of Interrogatories filed.
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Jan. 10, 2006 |
Amended Notice of Taking Videotaped Deposition filed.
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Dec. 30, 2005 |
Respondent`s Request for Admissions filed.
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Dec. 30, 2005 |
Notice of Appearance filed.
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Dec. 28, 2005 |
Notice of Taking Depositions filed.
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Nov. 28, 2005 |
Petitioner`s First Set of Interrogatories to Respondent filed.
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Nov. 28, 2005 |
Petitioner`s Notice of Service of Interrogatories to Petitioner filed.
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Nov. 28, 2005 |
Petitioner`s First Request for Production of Documents filed.
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Nov. 21, 2005 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 7 and 8, 2006; 9:30 a.m.; Tallahassee, FL).
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Nov. 18, 2005 |
Joint Motion for Continuance of Hearing filed.
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Nov. 09, 2005 |
Order of Pre-hearing Instructions.
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Nov. 09, 2005 |
Notice of Hearing (hearing set for January 4 and 5, 2006; 9:30 a.m.; Tallahassee, FL).
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Nov. 07, 2005 |
Joint Response to Initial Order filed.
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Oct. 25, 2005 |
Motion for Extension of Time to File Response to Initial Order filed by Thomas Brooks.
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Oct. 17, 2005 |
Initial Order.
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Oct. 14, 2005 |
Notification of Termination of Employment filed.
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Oct. 14, 2005 |
Request for Administrative Hearing filed.
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Oct. 14, 2005 |
Notice (of Agency referral) filed.
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Orders for Case No: 05-003806
Issue Date |
Document |
Summary |
Sep. 07, 2006 |
Agency Final Order
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Jul. 12, 2006 |
Recommended Order
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The evidence did not show that Petitioner intended to defraud the school by hiring an employee who did not fulfill assigned duties, but did show a lack of supervision and forthrightness which affected Petitioner`s positions as dean and tenured professor.
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