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PERCY LUNEY vs FLORIDA A AND M UNIVERSITY BOARD OF TRUSTEES, 05-003806 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003806 Visitors: 11
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_e

BEFORE 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.
Nov. 08, 2019 Petitioner's Request for Oral Argument filed.
Nov. 08, 2019 Petitioner's Exceptions to the Recommended Order filed.
Nov. 08, 2019 Agency Final Order filed.
Jul. 12, 2006 Recommended Order (hearing held March 28 and 29, 2006). CASE CLOSED.
Jul. 12, 2006 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 24, 2006 Respondent`s Proposed Recommended Order filed.
May 24, 2006 Brief in Support of Proposed Findings of Fact and Conclusions of Law filed.
May 24, 2006 (Petitioner`s) Proposed Findings of Fact and Conclusions of Law filed.
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).
May 17, 2006 Respondent`s Unopposed Motion for Three-day Extension of Time to File Recommended Order filed.
May 17, 2006 Order Granting Extension of Time (Amended Order Granting Extension of Time to be filed by May 19, 2006).
May 12, 2006 Respondent`s Unopposed Motion for Seven day Extension of Time to File Recommended Order filed.
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).
May 08, 2006 Respondent`s Unopposed Motion for Seven-day Extension of Time to File Recommended Order filed.
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).
Mar. 28, 2006 CASE STATUS: Hearing Held.
Mar. 23, 2006 Petitioner`s Response to Motion to Strike Witness filed.
Mar. 22, 2006 Respondent`s Motion to Strike Witness filed.
Mar. 21, 2006 Parties Joint Prehearing Stipulation filed.
Mar. 14, 2006 Petitioner`s Supplemental Response to Respondent`s First Request for Production of Documents filed.
Mar. 10, 2006 Notice of Taking Depositions filed.
Feb. 28, 2006 Petitioner`s Supplemental Response to Respondent`s First Set of Interrogatories filed.
Feb. 23, 2006 Amended Notice of Taking Depositions filed.
Feb. 23, 2006 Notice of Taking Depositions filed.
Feb. 03, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 28 and 29, 2006; 9:30 a.m.; Tallahassee, FL).
Feb. 02, 2006 Joint Motion for Continuance filed.
Jan. 31, 2006 Notice of Taking Depositions filed.
Jan. 25, 2006 Petitioner`s Response to Respondent`s First Request for Production of Documents filed.
Jan. 25, 2006 Petitioner`s Response to Respondent`s Request for Admissions filed.
Jan. 23, 2006 Petitioner`s Notice of Service of Answers to Respondent`s First Set of Interrogatories filed.
Jan. 10, 2006 Amended Notice of Taking Videotaped Deposition filed.
Dec. 30, 2005 Respondent`s Request for Admissions filed.
Dec. 30, 2005 Notice of Appearance filed.
Dec. 28, 2005 Notice of Taking Depositions filed.
Nov. 28, 2005 Petitioner`s First Set of Interrogatories to Respondent filed.
Nov. 28, 2005 Petitioner`s Notice of Service of Interrogatories to Petitioner filed.
Nov. 28, 2005 Petitioner`s First Request for Production of Documents filed.
Nov. 21, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 7 and 8, 2006; 9:30 a.m.; Tallahassee, FL).
Nov. 18, 2005 Joint Motion for Continuance of Hearing filed.
Nov. 09, 2005 Order of Pre-hearing Instructions.
Nov. 09, 2005 Notice of Hearing (hearing set for January 4 and 5, 2006; 9:30 a.m.; Tallahassee, FL).
Nov. 07, 2005 Joint Response to Initial Order filed.
Oct. 25, 2005 Motion for Extension of Time to File Response to Initial Order filed by Thomas Brooks.
Oct. 17, 2005 Initial Order.
Oct. 14, 2005 Notification of Termination of Employment filed.
Oct. 14, 2005 Request for Administrative Hearing filed.
Oct. 14, 2005 Notice (of Agency referral) filed.

Orders for Case No: 05-003806
Issue Date Document Summary
Sep. 07, 2006 Agency Final Order
Jul. 12, 2006 Recommended Order 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.
Source:  Florida - Division of Administrative Hearings

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