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SHARON SINGLETON vs ESCAMBIA COUNTY SCHOOL DISTRICT, 15-001800 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-001800 Visitors: 38
Petitioner: SHARON SINGLETON
Respondent: ESCAMBIA COUNTY SCHOOL DISTRICT
Judges: ROBERT S. COHEN
Agency: Florida Commission on Human Relations
Locations: Pensacola, Florida
Filed: Apr. 01, 2015
Status: Closed
Recommended Order on Friday, December 11, 2015.

Latest Update: Feb. 17, 2016
Summary: The issue is whether Petitioner was terminated from her employment with Respondent for a discriminatory reason.Petitioner failed to prove that the non-renewal of her employment contract was due to age discrimination by her employer, the school district. Her petition should, therefore, be dismissed.
TempHtml



STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


SHARON SINGLETON, EEOC No. 15D201400710


Petitioner, FCHR Case No.


v. DOAH No. 15-1800


ESCAMBIA COUNTY SCHOOL DISTRICT, FCHR Order No. 16-008


Respondent.

/


FINAL ORDER DISMISSING PETITION

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Sharon Singleton filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent Escambia County School District committed unlawful employment practices on the basis of Petitioner's age (DOB: 8-6-52) when it isolated, demoted, and unfairly disciplined Petitioner and terminated / forced Petitioner to resign.

The allegations set forth in the complaint were investigated, and, on February 24, the Executive Director issued a determination finding that there was no reasonable

cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Pensacola, Florida, on August 6, before Administrative Law Judge Robert S. Cohen.

Judge Cohen issued a Recommended Order of dismissal, dated December

2015.

The Commission panel designated below considered the record of this matter and

determined the action to be taken on the Recommended Order.


Findings of Fact


We the Administrative Law Judge's findings of fact to supported by competent substantial evidence.

We adopt the Administrative Law Judge's findings of fact.



Filed February 17, 2016 10:44 AM Division of Administrative Hearings



FCHR Order No. 16-008

Page 2


Conclusions of Law


We find the Law Judge's application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge's conclusions of law.


Exceptions


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


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 the appropriate District Court of Appeal must receive notice of appeal within days

of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure


DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN


Commissioner Rebecca Steele, Panel Chairperson; Commissioner Tony Jenkins; and

Commissioner Jay Pichard



Filed this

day of.


2016,

in Tallahassee,

Florida.

(



Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082



FCHR Order No. 16-008 3


Copies furnished to:


Sharon Singleton

c/o Ryan M . Barnett, Esq. Whibbs & Stone,

801 West St., Unit C Pensacola, FL 32502


Escambia County School District c/o Joseph L. Hammons, Esq.

The Hammons Law Firm, West Cervantes St.

Pensacola, FL 32501


Robert S. Cohen, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


I HEREBY CERTIFY that a copy foregoing has been mailed to the above listed addressees this day of


Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 15-001800
Issue Date Proceedings
Feb. 17, 2016 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Dec. 11, 2015 Recommended Order (hearing held August 6, 2015). CASE CLOSED.
Dec. 11, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 01, 2015 Letter to Judge Cohen from Joseph Hammons regarding Respondent's Proposed Recommended Order filed.
Oct. 01, 2015 Respondent's (Proposed) Recommended Order filed.
Oct. 01, 2015 (Petitioner's Proposed) Final Order filed.
Sep. 18, 2015 Transcript of Proceedings (not available for viewing) filed.
Sep. 17, 2015 Order Granting Extension of Time.
Sep. 16, 2015 Joint Motion for Extension of Time filed.
Aug. 06, 2015 CASE STATUS: Hearing Held.
Jul. 28, 2015 Prehearing Stipulation filed.
Jul. 02, 2015 Respondent's Amended (Proposed) Exhibit List filed.
Jun. 03, 2015 Court Reporter Rescheduled filed.
Jun. 03, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 6 and 7, 2015; 9:00 a.m., Central Time; Pensacola, FL).
Jun. 02, 2015 Joint Motion for Continuance and Extension to File Prehearing Stipulations filed.
Apr. 27, 2015 Court Reporter Request filed.
Apr. 21, 2015 Order of Pre-hearing Instructions.
Apr. 21, 2015 Notice of Hearing (hearing set for June 10 and 11, 2015; 9:00 a.m., Central Time; Pensacola, FL).
Apr. 14, 2015 Respondent's Response to Initial Order filed.
Apr. 14, 2015 Notice of Appearance (Joseph Hammons) filed.
Apr. 09, 2015 Petitioner's Response to Initial Order filed.
Apr. 03, 2015 Initial Order.
Apr. 01, 2015 Employment Complaint of Discrimination filed.
Apr. 01, 2015 Notice of Determination: No Cause filed.
Apr. 01, 2015 Determination: No Cause filed.
Apr. 01, 2015 Petition for Relief filed.
Apr. 01, 2015 Transmittal of Petition filed by the Agency.

Orders for Case No: 15-001800
Issue Date Document Summary
Feb. 17, 2016 Agency Final Order
Dec. 11, 2015 Recommended Order Petitioner failed to prove that the non-renewal of her employment contract was due to age discrimination by her employer, the school district. Her petition should, therefore, be dismissed.
Source:  Florida - Division of Administrative Hearings

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