STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DAVID C. WADE, EEOC No.

Petitioner, FCHR Case No. 2014-00501

v. DOAH No. 14-4652

DISTRICT SCHOOL BOARD OF PUTNAM COUNTY,

FCHR Order No. 15-008

Respondent.

FINAL ORDER DISMISSING PETITION FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated December issued in the above-styled matter by Administrative Law Judge Edward T. Bauer.

Findings of Fact and Conclusions of Law

Judge Bauer's order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Further, Judge Bauer's order states that "Petitioner failed to present direct or circumstantial evidence tending to prove that Respondent committed the unlawful acts of discrimination alleged in the Complaint." 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., Demons v. Emerald Grande, LLC, FCHR Order No.

033 (September Bullard v. Lowry Group Properties, Inc., et FCHR Order No. (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051

(September 2012), Dotson v. Department of Financial Services, FCHR Order No.

(April 13, Patterson v. Panama City Housing Authority, FCHR Order No. (January Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. (September

21, 2010), v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, Cowden v. et FCHR Order No. (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, Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), et al. v. Robert Buckner & Associates, FCHR Order

Filed February 12, 2015 3:08 PM Division of Administrative Hearings

No. 06-092 (November 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06- 079 (September 18,2006).

We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his 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

DONE AND ORDERED this day

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Donna El-am

Filed this of

in Tallahassee.

2015,

Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL

(850) 488-7082

Copies furnished to:

David C. Wade Raintree Woods

Palatka, FL 32177

District School Board of Putnam County

c/o James L. Padgett, Esq. General Counsel

200 South 7t h Street

FL 32177

Edward T. Bauer, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that

addressees this day of

of the foregoing has been mailed to the above listed 2015.

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-004652

Orders for Case No: 14-004652