STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

JOYCE HERRING, EEOC Case No. NONE

Petitioner, FCHR Case No. 2010-01845

v. DOAH Case No. 10-10456

BREHON INSTITUTE FOR FAMILY FCHR Order No. 11-063 SERVICE,

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated May 17, 2011, issued in the above-styled matter by Administrative Law Judge Diane Cleavinger.

Findings of Fact and Conclusions of Law

Judge Cleavinger’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Specifically, Judge Cleavinger’s order states that based on Petitioner’s failure to appear, “Petitioner has not carried her burden of proof in this matter and the Petition for Relief should be dismissed.” Consequently, the order recommends that the Commission issue a final order dismissing the Petition for Relief.

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., 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 Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, 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 August 2, 2011 8:22 AM Division of Administrative Hearings

FCHR Order No. 11-063

Page 2

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

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal.

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 this 2nd day of August , 2011. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson; Commissioner Watson Haynes, II; and Commissioner Mario M. Valle

Filed this 2nd day of August , 2011, in Tallahassee, Florida.

/s/ Violet Crawford, Clerk Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 11-063

Page 3

Copies furnished to:

Joyce Herring

501 South Main Street Havana, FL 32333

Brehon Institute for Family Service c/o Harold R. Mardenborough, Esq. Carr Allison

305 South Gadsden Street Tallahassee, FL 32301

Diane Cleavinger, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 2nd day of August , 2011.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations

Joyce Herring v. Brehon Institute for Family Service DOAH 10-10456

FCHR 2010-01845

EEOC none

FCHR Order No. 11-063

Type of case: employment

Basis of discrimination: disability, retaliation Commission staff determination: no cause ALJ recommendation: dismissal

Commission panel final action: Adopt Recommended Order Key Words: failure to appear

ADDRESSES FOR NOTICE:

For Petitioner……. Joyce Herring

501 South Main Street Havana, FL 32333

For Respondent…..

Brehon Institute for Family Service c/o Harold R. Mardenborough, Esq. Carr Allison

305 South Gadsden Street Tallahassee, FL 32301

DOCKET INFORMATION:

Rec Order: Dismissal Transcript: No Exhibits: No Exceptions: No

STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

Order Approval/Disapproval

TO: FCHR Commissioners impaneled to decide the below-referenced case FROM: Jim Mallue, Assistant General Counsel

RE: Herring v. Brehon Institute for Family Service

DOAH 10-10456; FCHR 2010-01845; FCHR Order No. 11-063

Accompanying this “Order Approval/Disapproval” page is a copy of a final order drafted by the Panel’s counsel / legal advisor containing counsel’s recommendation to you regarding the disposition of the case. This case has been returned to the Commission from the Division of Administrative Hearings.

Please review the case record and determine whether you are in agreement with the recommendations contained in the order drafted by Commission counsel.

Further, please indicate your approval or disapproval of the order drafted by Commission counsel by signing on the appropriate line below, and returning this form by FAX to Denise Crawford in the Commission’s Tallahassee office at 850-488-5291, and by then returning this form by Mail to Ms. Denise Crawford, Clerk of the Commission, Florida Commission on Human Relations, 2009 Apalachee Parkway, Suite 100, Tallahassee, FL 32301. If a majority of the panel approves of the order, the order will be entered by the Clerk of the Commission.

# # #

I approve of the order drafted to reflect the Commission’s disposition of this matter:

, Commissioner.

I do not approve of the order drafted to reflect the Commission’s disposition of this matter:

, Commissioner.

END

Docket for Case No: 10-010456

Orders for Case No: 10-010456