The Issue Whether Respondent committed the offenses set forth in the Administrative Complaint dated May 12, 2000, and filed March 11, 2003, and if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, St. Amand was a certified law enforcement officer employed as a detective by the North Miami Beach Police Department. St. Amand occupied a position of the highest trust as a member of the detective bureau. He abused that trust by engaging in repeated acts of lewd behavior in the workplace. The nature and quantity of the behavior was sufficient to provoke complaints to the Dade County State Attorney's Office which resulted in an investigation concerning sexual harassment and indecent exposure. In the course of that investigation, St. Amand compounded his offenses by lying consistently and repeatedly to investigators. Five witnesses, all of whom were entirely credible, testified in detail regarding incidents they had witnessed in which St.Amand masturbated, or simulated masturbation, at work. One such incident took place in the community patrol office. St. Amand's semen was collected from the carpet in that office. One of his former partners in the family violence unit said it was "second nature" to St. Amand to grope himself, simulate masturbation, and make vulgar comments. He did so in front of male as well as female colleagues. St. Amand falsely denied under oath that any of the incidents his colleagues testified to ever happened. Florida law requires, as a minimum qualification for its law enforcement officers, that they be of good moral character. Florida law further provides that law enforcement officers who lack good moral character, or who make false statements under oath, may be stripped of their license to serve in law enforcement. The public has every right to expect that those who serve and protect will do exactly that--not harass and embarrass colleagues and citizens who are conducting business in tax- supported buildings. St. Amand's conduct did substantial damage to his colleagues' morale, and to his department's reputation for professionalism.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that St. Amand's law enforcement certificate be permanently revoked. DONE AND ENTERED this 16th day of June, 2003, in Tallahassee, Leon County, Florida. S FLORENCE SNYDER RIVAS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of June, 2003. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Fred St. Amand, Jr. 2429 Northwest 184 Terrace Pembroke Pines, Florida 33029 Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issues in this case are: (1) whether Petitioner filed her complaint with the Florida Commission on Human Relations within 365 days of the alleged discriminatory event; and (2) whether Petitioner requested an administrative hearing within 215 days of the filing of her complaint.
Findings Of Fact Petitioner, Earlene Johnson, is an African-American. Prior to December 1996 Ms. Johnson filed a grievance when Respondent, Chautauqua Office of Psychotherapy and Evaluation (hereinafter referred to as "Chautauqua"), failed to promote her. On December 4, 1996, Ms. Johnson was terminated from employment with Chautauqua. At some time after her termination, Ms. Johnson engaged legal counsel with the intent of filing a complaint of discrimination with the Florida Commission on Human Relations (hereinafter referred to as the "Commission"). Toward this end, Ms. Johnson signed an Intake Questionnaire and an Affidavit on October 30, 1997. No copy of the Intake Questionnaire or Affidavit was provided by the Commission to Chautauqua within five days of their receipt. On May 4, 1998, more than one year after the alleged acts of discrimination, Ms. Johnson was sent a Charge of Discrimination by Joe Williams, an Intake Counselor for the Commission. Mr. Williams instructed Ms. Johnson of the following in the cover letter which accompanied the Charge of Discrimination: In order for the Commission to proceed further with this matter, you must: Review the complaint; Sign the complaint in the designated spaces in the presence of a notary public; Return the signed complaint to this office in the enclosed self-addressed envelope. Because a complaint of discrimination must be filed within the time limitation imposed by law (in most cases the limitation is 365 days from the date of the alleged discriminatory act), I urge you to complete these three steps as soon as possible. . . . . Ms. Johnson signed the Charge of Discrimination sent to her by Mr. Williams on the date it was sent, May 4, 1998. Ms. Johnson's Charge of Discrimination was not, therefore, filed within 365 days of the date of the last act of discrimination alleged by Ms. Johnson: Ms. Johnson's termination from employment on December 4, 1996. When the Commission failed to complete its investigation of Ms. Johnson's Charge of Discrimination within a reasonable period of time, Ms. Johnson requested an administrative hearing by letter dated August 3, 1999. Ms. Johnson's request for hearing was made one day short of one year and three months after the Charge of Discrimination was filed with the Commission. The Commission filed Ms. Johnson's request for hearing with the Division of Administrative Hearing on September 14, 1999. Chautauqua filed a Motion to Dismiss Petition. An Order to Show Cause was entered after Ms. Johnson failed to respond to the Motion. Ms. Johnson was ordered to answer the following questions: Did the events that Petitioner believes constitute discrimination occur on or before December 4, 1996? If not, when did the events take place? Did Petitioner file a Charge of Discrimination with the Florida Commission on Human Relations on or about May 4, 1998 (a copy of a Charge of Discrimination which appears to have been filed by Petitioner is attached to this Order.) If not, when was it filed? If the Charge of Discrimination filed with the Florida Commission on Human Relations was filed more than one year after the events which Petitioner believes constitute discrimination occurred, why wasn't the Charge filed sooner. Petitioner should provide a detailed answer to this question. Ms. Johnson responded to the questions asked in the Order to Show Cause as follows: The events that petitioner believe [sic] constitutes discrimination occurred before and on December 4, 1996. Petitioner signed a complaint of Discrimination which was signed on October 30, 1997 which was filed by Petitioner's former Lawyer. Which a copy is attached [sic]. Petitioner's Lawyer filed a charge of Discrimination less than one year before the events which the Petitioner believes constitutes [sic] Discrimination. Which a copy is attached [sic]. Petitioner's former Lawyer [sic] address and phone number is [sic] attached. Attached to Ms. Johnson's response to the Order to Show Cause was a copy of an Affidavit and an Intake Questionnaire signed October 30, 1997, a letter dated January 10, 1998, from Ms. Johnson's legal counsel, and the May 4, 1998, letter from Mr. Williams asking Ms. Johnson to sign a Charge of Discrimination. It is clear from Mr. Williams' letter that no Charge of Discrimination was filed by Ms. Johnson with the Commission until more than 365 days after the alleged act of discrimination, December 4, 1996.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the complaint of discrimination filed in this case by Earlene Johnson. DONE AND ENTERED this 24th day of May, 2000, in Tallahassee, Leon County, Florida. LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 2000. COPIES FURNISHED: Earlene Johnson 185 Cook Avenue DeFuniak Springs, Florida 32433 Robert P. Gaines, Esquire Beggs & Lane Post Office Box 12950 Pensacola, Florida 32576-2950 Sharon Moultry, Agency Clerk Florida Commission on Human Relations 325 John Knox Road, Building F Tallahassee, Florida 32303-4149 Dana A. Baird, General Counsel Florida Commission on Human Relations 325 John Knox Road, Building F, Suite 240 Tallahassee, Florida 32303-4149
The Issue The issues in this case are: Whether Respondent, County of Osceola School Board (the "Board"), discriminated against Petitioner, Valmyr Vilbrun ("Vilbrun"), on the basis of his race (African-American) in violation of the Florida Civil Rights Act; and Whether the Board retaliated against Vilbrun when he filed a discrimination claim.
Findings Of Fact Vilbrun is an African-American male who, at all times relevant hereto, was teaching an exceptional student education (ESE) class at the School. Vilbrun is currently employed at Alternatives Unlimited, a school in Polk County, Florida. He also works as a dispatcher for the St. Cloud Police Department, a position he has held for several years. The Board is the agency responsible for hiring and supervising all teachers in Osceola County, including those employed at the School. The Board is further responsible for determining whether teachers working under annual contracts are to be renewed at the end of their contract term. Vilbrun was a teacher at the School during the 2008-2009 school year. He was working under an annual contract for that school year only. Vilbrun had been hired by Tapley to teach an ESE class at the School. At the end of the school year, Tapley recommended non-renewal of Vilbrun's contract based, in large part, upon her evaluation of Vilbrun's teaching skills, her concerns about his tardiness, and his negative interaction with a fellow teacher. Vilbrun maintains that the reason for the recommendation of non-renewal was racial discrimination. While citing no direct evidence of discrimination by anyone at the School or the Board, Vilbrun provided circumstantial evidence as to three incidents that had occurred in furtherance of his claim: Vilbrun had a confrontation with a Caucasian, female teacher (Reyes) at the School; Vilbrun had a negative relationship with the dean of students (Andrea Beckel); and There was an issuance of disciplinary letters to four African-American teachers on the same day. Each of those incidents will be discussed more fully below. Incident Involving Fellow Teacher When Vilbrun began teaching at the School, he approached Reyes, a fellow ESE teacher, to help him prepare Individual Education Plans ("IEPs") for his students. IEPs are an integral part of the ESE program, and each teacher is expected to develop IEPs for their students. After a period of assistance from Reyes, Vilbrun began preparing the IEPs for his students by himself. Reyes remembers telling Vilbrun that it was time for him to do the IEPs on his own. Vilbrun remembers deciding to do the IEPs independently after seeing that the extra time spent with Reyes might be misconstrued by others as improper. Reyes is a young, Caucasian woman. In December 2008, about halfway through the school year, one of Reyes' students approached her and asked if she wanted to buy some items that he was selling "for Mr. V's class." Reyes was taken aback because her class was in the midst of a fundraiser at that time, and the School only allows limited fundraisers to be going on at any one time. Reyes telephoned Vilbrun to inquire about his fundraiser, but he did not answer the call. Reyes then emailed the person responsible for coordinating fundraisers at the School to make sure that she (Reyes) was not violating the policy by carrying out her class's fundraiser at that time. She was advised that her fundraiser was authorized. The fundraising coordinator apparently then went to Vilbrun to inquire about his fundraising project. A day or two later, Vilbrun approached Reyes in another teacher's classroom and said, "I can't believe it's in your character to do that." Vilbrun was upset that Reyes had contacted the School office about his alleged fundraiser. He told Reyes that it was not a fundraiser per se and that "the money was going to someone else." The conversation escalated into an argument, and Reyes, a small woman, became uncomfortable and intimidated by Vilbrun's behavior. Reyes was also concerned that because her child and Vilbrun's child both attended the same day care, she would potentially have to confront Vilbrun away from the School grounds. Reyes was upset enough by the incident to contact the principal to discuss her version of what had transpired. The principal spoke with Reyes and asked for a written statement, which Reyes submitted. Coincidentally, Reyes had submitted a typed letter to the office that very morning complaining about another issue she had with Vilbrun, namely, that he was often late to class and that she would have to monitor his students until he arrived. Her hand-written statement about the fundraiser incident was submitted in the afternoon of the day she sent in the tardiness letter. Tapley then issued a letter to Vilbrun advising him that a complaint had been filed against him by another teacher. The letter did not make a determination of whether the complaint was founded, and Vilbrun was given the opportunity to submit a written response prior to meeting with the principal. There is no evidence that a written response was prepared by Vilbrun. Tapley then conducted an investigation to determine whether there were grounds for discipline against either of the teachers involved. As a result of Tapley's investigation into the matter, Tapley verbally advised Vilbrun to keep his distance from Reyes. Tapley then issued a letter of guidance to Vilbrun directing him to follow procedures for all fundraising activities. The letter also addressed Vilbrun's failure to report to work on time. The letter did not provide any sanction or direction concerning interaction with Reyes or other colleagues. As far as Vilbrun knew, no action was taken against Reyes. Relationship With Dean of Students For unknown or unstated reasons, Vilbrun did not have a good working relationship with Beckel, the dean of students at the School. Vilbrun believed Beckel was not adequately performing her role, that she was not able to handle unruly or disruptive students, and that she failed to provide Vilbrun with sufficient support. In April 2009, Vilbrun submitted a memorandum to Tapley addressing his concerns about the relationship between him and Beckel. The memorandum discussed Vilbrun's perception of his interactions with Beckel, but without benefit of Beckel's version of the facts, it is impossible to make a finding as to the exact nature of the relationship between the two individuals. However, the gist of Vilbrun's complaint against Beckel is professional in nature and relates to differences between the two concerning the handling of student discipline. There is one peripheral comment about an "outright discriminative" email received from Beckel in the memorandum. However, the emails presented into evidence by Vilbrun do not substantiate that claim. As a matter of fact, Vilbrun, when asked whether race was a motivating factor for the way Beckel interacted with him, stated, "I can't speculate on that" and "As far as what was causing that, I can't really say." [Transcript, pp. 296-297.] Vilbrun had a general perception that Caucasian teachers did not seem to have the same difficulties with Beckel that he was experiencing. Adverse Action Towards Four African-American Teachers On the day before he received the letter from Tapley concerning the Reyes matter, Vilbrun was the recipient of a letter from Tapley concerning his attendance and punctuality. In fact, all four ESE teachers, all of whom are African-American, received letters on that same day, March 10, 2009. Vilbrun views that fact as evidence of discrimination against him and the other African-American teachers. Tapley generated each of the letters, but states they were based on alleged violations by each teacher and were not based on reference to the recipient's race. Tapley's testimony in this regard is credible. The letters are known as "9.02 letters," based on the section of the Union Agreement in which such letters are described. The 9.02 letters advise teachers of perceived or alleged violations that have been reported and give the teacher an opportunity to respond before further action is taken by administration. The letters are not final and do not establish fault. Rather, they are merely a preliminary step that may either result in a sanction or may be dismissed entirely. One of the recipients of one of the four 9.02 letters, Sweeney, adamantly defended Tapley as non-racist. In fact, Tapley assisted Sweeney and helped her find a new position when Sweeney's class at the School had to be eliminated due to loss of students. Other than the fact that each of the four recipients of a 9.02 letter from Tapley on that date was African-American, there is no evidence that race had anything to do with the letters. A former ESE teacher at the School testified that ESE teachers were sometimes discriminated against as a group, i.e., as ESE teachers, but there was no racial discrimination at the School to her knowledge. Other Factors for Consideration At the end of the 2008-2009 school year, Tapley made a recommendation to the Board for non-renewal of the annual contracts for 17 teachers from the School. Of that group, 11 were Caucasian, three were African-American, and three were Hispanic. Tapley was described by almost every teacher, except Vilbrun, as acting responsibly and without regard to race when dealing with issues at the School. There is no evidence that Tapley engaged in any racist behavior. To the contrary, her demeanor and fairly universal support from staff indicates just the opposite. Andrea Beckel, with whom Vilbrun alleges a strained relationship and who Vilbrun suggests made statements with racist undertones, did not testify. It is impossible to make a finding of fact concerning her behavior or demeanor. The union representative at the School, Patty Minor, described Tapley as decidedly non-racist. Vilbrun never went to Minor with a complaint about Tapley acting in a discriminatory fashion based on race or anything else. One of Tapley's "hot buttons" for her teachers was timely arrival at school. Vilbrun had some issues with timeliness during his tenure at the School. Reyes testified that she had to cover Vilbrun's students on many occasions. Minor, as the union representative, counseled Vilbrun about the necessity for timely arrival. No documentary evidence was presented, however, to substantiate that Vilbrun was habitually tardy. During the 2008-2009 school year, Vilbrun received two "annual" reviews, performed by assistant principal Neves. The reviews indicate satisfactory performance of most of his required tasks and that improvements were being made. However, Vilbrun was viewed by his principal and other administrators as deficient in the classroom. His students were observed to be unfocused and lacking in clear direction as to their studies. Vilbrun rejects those allegations on the basis that Tapley was not his direct supervisor and did not perform regular reviews of his classroom. Tapley, however, viewed Vilbrun on numerous occasions and relied upon reports from other teachers and administrators as the basis for her actions. Of the six teachers hired for the ESE department at the School for the 2009-2010 school year, five had less experience than Vilbrun. However, Tapley testified that she considers qualifications, rather than experience, as the deciding factor for hiring teachers. Vilbrun claims retaliation by the School and/or the Board because of his complaint to the Commission. One of the purported retaliatory actions was a phone reference check form evidencing that Tapley told Ana Smith, a Board employee, she would not rehire Vilbrun or recommend him for employment. Vilbrun also applied for numerous jobs, and he believes that someone at the School or Board was sabotaging his applications or blackballing him in some fashion because he could not get any interviews. However, the phone call and Vilbrun's applications occurred in May 2009; his complaint to the Commission was filed in December of that year.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations dismissing the Petition for Relief filed by Petitioner, Valmyr Vilbrun, in its entirety. DONE AND ENTERED this 27th day of July, 2011, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of July, 2011. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Gary M. Glassman, Esquire Brown, Garganese, Weiss & D'Agresta, P.A. 111 North Orange Avenue, Suite 2000 Orlando, Florida 32801 Candance N. Vilbrun Post Office Box 701975 St. Cloud, Florida 34770
The Issue Whether Respondent's teaching certificate should be revoked, or otherwise disciplined, on grounds that he is guilty of engaging in grossly immoral conduct, as alleged.
Findings Of Fact Based upon the evidence presented at hearing, the following facts are determined: The COUNCIL alleges that, on or about April 3, 1979, PAGE engaged in a lewd, lascivious, immoral, and indecent act in the men's restroom of the St. Johns Marina, Jacksonville, Florida, by touching Officer Michael Legan in an unnatural manner; PAGE denies it. (Pre-trial Stipulation, Petition for Revocation, Testimony of Page.) The men's bathroom where the alleged incident took place is adjacent to the St. Johns Marina. The marina is adjacent to the St. Johns River, and across the street from the Alexander Breast Planetarium. A park area nearby is used by groups of children and other visitors to the planetarium. Prior to the time of the incident in question, the Jacksonville Sheriff's Office had received complaints from people at the planetarium, and nearby park visitors, concerning indecent exposure-type incidents occurring in the Marina's bathroom and surrounding area. (Testimony of Legan.) On April 3, 1979, because of this history of reported indecent exposure incidents, Officer Michael Legan, attached to the Morals Squad of the Jacksonville Sheriff's Office, had the Marina's men's bathroom under surveillance for possible homosexual or indecent exposure-type criminal violations. He was accompanied by his partner, Detective Sam Durden, who remained outside the bathroom. At approximately 3:30 or 4:00 p.m., in the afternoon, Officer Legan was wearing civilian clothes and standing inside the bathroom, alongside the wall directly across from a partition which separates the toilets from the urinals. At the time, he was trying to determine whether an unidentified individual using the toilet was there "for a legitimate purpose or whether or not he was attempting to expose himself." (Tr.20) 2/ Shortly thereafter, PAGE entered the bathroom and walked directly to the urinal closest to the door, located across from where Officer Legan was standing. At the same time, Officer Legan moved toward the door, and stopped alongside the wall almost directly behind PAGE. While standing at the urinal, PAGE made what appeared to be a rubbing motion with his hands in his genital area, and glanced over his shoulder in the direction of Officer Legan. This activity continued for about 30 seconds; then PAGE turned 90 degrees to his left, towards the toilet area and away from the bathroom door, held his penis in his hand and rubbed it with a masturbating-type motion. PAGE continued this activity for approximately 20 seconds, while he looked at Officer Legan, then looked down. While Officer Legan observed this activity at a distance of from seven to eight feet, no conversation took place. PAGE then replaced his penis in his pants, started to walk toward the door, and made a motion with his head which Officer Legan understood as a request to follow. In response to what he discerned as PAGE's nonverbal request, Officer Legan followed PAGE toward the door, with the intent to place him under arrest after exiting the bathroom, where Dective Durden would be available to provide assistance. There is a small alcove in the foyer of the bathroom, which separates an inner bathroom door from another bathroom door leading to the outside. As Officer Legan followed PAGE out of the inner bathroom door into the foyer area, PAGE stopped and said, "How are you doing?" Legan answered "Okay," and started to reach into his pocket for his badge. Simultaneously, PAGE grabbed and squeezed Legan in the groin area, and said, "It looks like you're okay." Officer Legan then identified himself as a police officer, placed PAGE under arrest, searched him, gave him the Miranda warnings, and took him to jail for booking. The findings indicated in paragraphs 4(a) through (c) above are, in the main, determined from the testimony of Officer Legan. Respondent PAGE denied, under oath, engaging in the activity described by Officer Legan. It is concluded that Officer Legan's testimony is more worthy of belief and should be accorded greater weight than the conflicting testimony of PAGE. Officer Legan testified with the detached, unbiased manner of a professional law enforcement officer; his narrative testimony was clear, positive, logical, and internally consistent. His prior testimony, by deposition, introduced into evidence by PAGE, is also consistent with and supports his testimony given at final hearing. No significant defects were shown in his capacity, ability, or opportunity to observe, remember, or recount the matters about which he testified. In comparison, PAGE is a teacher accused of grossly immoral conduct justifying suspension or revocation of his teacher's license. As the accused, he has an obvious bias and interest which affects his credibility. Officer Legan's lack of any discernible bias of interest, coupled with the failure to impeach him or discredit his testimony in any significant way, renders his testimony persuasive. (Testimony of PAGE, Legan; R.E. 3.) All Court and Sheriff's Office records pertaining to PAGE's arrest for the above-described conduct were expunged on August 28, 1979, by order of the County Court of Duval County, Florida. In order to qualify for such statutory expungent, the Court necessarily determined that PAGE had never been convicted of a criminal offense or municipal ordinance violation. The effect of expungent is to restore the accused, in the contemplation of the law, to the status he occupied before the arrest. (R.E. 1.) PAGE'S PERFORMANCE AS A TEACHER PAGE has been a competent and effective elementary school teacher in the Duval County School System since 1972. His area of particular expertise has been teaching disadvantaged children reading skills through structured, federally sponsored, reading programs. He has consistently been rated by his supervisors as a "satisfactory" teacher--the highest rating possible. Principals of the schools where he has taught have commended him for his knowledge and performance in teaching remedial reading, good rapport with students, and his ability to understand deficiencies of disadvantaged children and enhance their self-concept. Because of his skills, he was selected to operate the Hoffman Laboratory, a structured reading program for disadvantaged children, at Oceanway Elementary School, Jacksonville. Under his leadership, the Laboratory has been so effective that teachers from other counties have visited to observe and learn. (Testimony of Baker, Sandberg; R.E. 3,7.) PAGE'S CHARACTER PAGE, honorably discharged from the U.S. Marine Corps in 1960, has been an active and responsible ember of his community and the Baptist religion for many years. His church pastors know him as a moral, honest, and religious man, a person of flawless reputation and integrity. He has been married for 32 years, led a normal family life, and successfully raised three children. The charges against him are not in keeping with his wife's view of his character. (Testimony of Evelyn Page; R.E. 4,5.) The policy of the Duval County School Board is to ensure that teachers accused of sexual misconduct are not left in a position where they have contact with children. The Board perceives that such action, on its parts, is necessary in order to provide assurances to parents that their children will be safe. The ability of PAGE to effectively continue to teach at Oceanway Elementary School has been reduced, due to the expected reaction of parents and staff members to the charges against him. (Testimony of Gary Simmons, Sandberg.) To the extent that proposed findings of fact submitted by the parties have not been incorporated herein, they are rejected as being irrelevant to the decision reached, or unsupported by the evidence.
Recommendation Accordingly, based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Respondent's teacher's Certificate No. 137251, be SUSPENDED for two (2) years commencing upon entry of the Final Order in this case. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 16th day of October, 1980. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1980.
The Issue Whether respondents are guilty of an unlawful employment practice as alleged by petitioner.
Findings Of Fact Based upon the entire record, including the pleadings and argument of counsel, the following findings of fact are determined: Petitioner, Carolyn E. Simmons, is a black female. In 1990, she began employment as a cook with respondent, Inverness Inn (Inn), an employer allegedly subject to the Florida Human Rights Act, as amended. At that time, the Inn was owned by respondent, Cvetko Blazevski. On March 25, 1992, petitioner filed a charge of discrimination with the Commission on Human Relations (Commission) alleging that she was "harassed and subjected to racial terms by Mr. Cretko (sic) Blazevski, Owner, from the beginning of (her) employment until the present time." For the purpose of ruling on this motion only, the undersigned has accepted this allegation as being true. The charge of discrimination, and the petition for relief subsequently filed, did not specify the relief being sought. In April 1992, Blazevski's ownership in the Inn was terminated by a court, and the Inn later closed and went out of business. Petitioner continued to work in her position as a cook after Blazevski left the Inn and until it closed. According to petitioner's counsel, Simmons seeks only compensatory damages against respondents for their conduct.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Commission enter a final order dismissing with prejudice the petition for relief. DONE AND ENTERED this 27th day of October, 1993, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of October, 1993. COPIES FURNISHED: Sharon Moultry, Clerk Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149 Dana C. Baird, Esquire General Counsel Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149 Kenneth S. Stepp, Esquire 305 North Apopka Avenue Inverness, Florida 34450 David L. Wilcox, Esquire 452 Pleasant Grove Road Inverness, Florida 34452
