95-005320
Steve J. Longariello vs.
Department Of Education
Status: Closed
Recommended Order on Wednesday, August 14, 1996.
Recommended Order on Wednesday, August 14, 1996.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8STEVE J. LONGARIELLO, )
12)
13Petitioner, )
15)
16vs. ) CASE NO. 95-5320
21)
22DEPARTMENT OF EDUCATION, )
26)
27Respondent. )
29_____________________________)
30RECOMMENDED ORDER
32Pursuant to notice, a formal hearing was conducted in
41this case in Fort Lauderdale, Florida on June 4 and 5,
521996, before Stuart M. Lerner, a duly designated Hearing
61Officer of the Division of Administrative Hearings.
68APPEARANCES
69For Petitioner: Steve J. Longariello, pro se
769999 Summerbreeze Drive, Number 422
81Sunrise, Florida 33322
84For Respondent: Charles S. Ruberg, Esquire
90Department of Education
93The Capitol, Suite 1701
97Tallahassee, Florida 32399-0400
100STATEMENT OF THE ISSUE
1041. Whether the Department of Education (Department),
111through its Office of Teacher Recruitment and Retention,
119committed an unlawful employment practice in violation of
127Section 760.10(2), Florida Statutes, as alleged by
134Petitioner, by failing or refusing to refer Petitioner for
143employment because of his sex (male) and/or marital status
152(single)?
1532. If so, what affirmative relief should Petitioner
161be provided?
163PRELIMINARY STATEMENT
165On or about July 8, 1993, Petitioner filed a unlawful
175employment practice complaint with the Florida Commission
182on Human Relations (Commission) alleging that the
189Department had discriminated against him because of his sex
198and marital status. On November 1, 1995, at Petitioner's
207request and without any reasonable cause determination
214having been made, the Commission referred the matter to the
224Division of Administrative Hearings (Division) for the
231assignment of a Division hearing officer to conduct a
240formal Section 120.57 hearing.
244On November 17, 1995, the Department filed with the
253Division a Motion to Deny the Request for Hearing that
263Petitioner had filed with the Commission. Petitioner, on
271November 30, 1995, filed a response to the Department's
280motion. The Hearing Officer treated Petitioner's response
287as an amendment of his unlawful employment practice
295complaint (filed pursuant to Rule 60Y-5.001(7), Florida
302Administrative Code, which allows a complainant to amend
310his complaint "any time before service of a Notice of
320Determination" "to cure technical defects, or omissions, or
328to clarify and amplify allegations made therein.") As so
338amended, Petitioner's complaint alleged that the
344Department, through its Officer of Teacher Recruitment and
352Retention (OTRR), refused to refer Petitioner for
359employment as a teacher because of his sex and marital
369status.
370The formal hearing on Petitioner's amended complaint
377was held on June 4 and 5, 1996. During the evidentiary
388portion of the hearing, a total of four witnesses
397testified: Petitioner; Sherry Thomas, OTRR's program
403director; Jerry Moore, the Department's Director of Labor
411Relations; and Amy Sykes, a former secretary specialist
419with OTRR. In addition to the testimony of these four
429witnesses, a total of 21 exhibits (Petitioners' Exhibits 1
438through 19 and Respondent's Exhibits 1 and 2) were offered
448and received into evidence.
452At the conclusion of the evidentiary portion of the
461hearing, the Hearing Officer, on the record, advised the
470parties of their right to file proposed recommended orders
479and established a deadline (twenty days after the Hearing
488Officer's receipt of the transcript of the hearing) for the
498filing of these post-hearing submittals. The Hearing
505Officer received the transcript of the hearing on July 5,
5151996. On July 25, 1996, the Department timely filed a
525proposed recommended order containing, among other things,
532(what are labelled as) "findings of fact." The Hearing
541Officer has carefully considered the Department's proposed
548recommended order. The "findings of fact" set forth
556therein are specifically addressed in the Appendix to this
565Recommended Order. To date, Petitioner has not filed a
574proposed recommended order.
577FINDINGS OF FACT
580Based upon the evidence adduced at hearing, and the
589record as a whole, the following Findings of Fact are made:
6001. The Department is a state agency.
6072. Petitioner is a male who is now, and was at all
619times material to the instant case, unmarried.
6263. He is a teacher by profession.
6334. Since moving to Florida in the summer of 1992,
643however, he has been unable to obtain a full-time teaching
653position.
6545. Petitioner received a Bachelor of Arts degree from
663the State University of New York at New Paltz in December
674of 1984 and a Master of Arts degree (in "teaching/special
684education") from Manhattanville College in May of 1989.
6936. Prior to moving to Florida in the summer of 1992,
704Petitioner was employed as: a music instructor at the
713Kingston Conservatory of Music in Kingston, New York (from
722May of 1984 to September of 1985); a business instructor
732at the Westchester Business Institute in White Plains, New
741York (from September of 1985 to June of 1986); a
751substitute teacher in Pelham, Eastchester, Tuckahoe and
758Bronxville, New York (from September of 1986 to June of
7681988); a music and vocational education teacher of 11 to
77815 year old special education students at a public school
788in New York City (from September of 1989 to March of 1990);
800a classroom teacher of fourth grade special education
808students at a public school in the Bronx, New York (from
819March of 1990 to June of 1990); a classroom teacher of
830first through third grade special education students at a
839public school in Yonkers, New York (from September of 1990
849to June of 1991); and an integration specialist involved
858in the provision of educational services to special
866education students attending public school in and around
874Jacksonville, Vermont (from February of 1992 to June of
8831992).
8847. On October 15, 1992, the Department's Bureau of
893Teacher Certification issued Petitioner a Statement of
900Eligibility, which provided, in pertinent part, as follows:
908THIS IS YOUR STATEMENT OF ACADEMIC ELIGIBILITY
915FOR SPECIFIC LEARNING DISABILITIES (GR, K-12),
921PER REQUEST OF 10-9-92, VALID UNTIL OCTOBER 15,
9291994.
930The State of Florida issues two types of certi-
939ficates for full time teaching; a nonrenewable
946Temporary Certificate valid for two years and a
954Professional Certificate valid for five years.
960The attached Form CF-106a, FLORIDA TEACHER
966CERTIFICATION REQUIREMENTS, outlines the criteria
971for the issuance of these certificates. The
978Temporary Certificate is issued to allow time
985to complete requirements for the Professional
991Certificate.
992Your application for teacher certification has
998been received and evaluated. Based upon current
1005requirements, you will be eligible for a two-
1013year nonrenewable Temporary Certificate valid
1018for two consecutive school fiscal years covering
1025SPECIFIC LEARNING DISABILITIES (GRADES K-12)
1030when:
1031You obtain employment with a Florida public,
1038state supported, or nonpublic school which has
1045an approved Florida Professional Orientation
1050Program and your employer requests issuance of
1057the certificate.
1059Your employer submits a finger print card which
1067has been processed by the Florida Department of
1075Law Enforcement and the Federal Bureau of
1082Investigation. . .
1085Please note that if you are not employed and
1094the issuance of your certificate is not requested
1102by October 14, 1994, your Statement of
1109Eligibility
1110will expire. . . .
11158. At all times material to the instant case, there
1125was, on a statewide basis in Florida, as determined by the
1136Department, a "critical" shortage of teachers qualified to
1144teach students with specific learning disabilities (SLD).
1151(There were, however, certain school districts, including
1158the Broward, Palm Beach, Collier and Monroe County school
1167districts, that, because of the relatively high salaries
1175they offered or their attractive geographic location, or
1183for other related reasons, did not have a "critical"
1192shortage of qualified SLD teachers.)
11979. The Department's Bureau of Teacher Certification
1204suggested to Petitioner that he take advantage of the
1213services offered by OTRR in his efforts to obtain a
1223teaching position in Florida.
122710. OTRR assists teachers seeking employment in
1234Florida by, among other things, providing them with an
"1243information packet" containing: general information
1248concerning Florida's public school system, its students and
1256teachers; a map showing the school districts in the state;
1266the names, addresses and telephone numbers of persons to
1275contact regarding employment opportunities in each school
1282district; other useful telephone numbers; salary
1288information, by district; information concerning Florida's
1294teacher certification process; and information about the
1301Great Florida Teach-In, an annual event (held in late
1310June/early July 1/ ) organized by OTRR at which
1319recruiters from school districts around the state have the
1328opportunity to meet and interview with teachers interested
1336in obtaining teaching positions in their districts. 2/
134411. In addition to this "information packet," OTRR
1352also sends to interested teachers two forms which the
1361teachers are instructed to fill out, sign and return to
1371OTRR: an application to register to participate in the
1380next Great Florida Teach-In; and a Teacher Applicant
1388Referral form.
139012. On the Great Florida Teach-In registration
1397application form, applicants are asked to provide the
1405following information: the date of the application; their
1413name, address and telephone number; the date they will be
1423able to commence work; the position(s) sought; whether
1431they hold a valid Florida teaching certificate- if so, in
1441what subject area(s), and, if not, whether they have
1450applied for certification and the subject area(s) in which
1459they expect to receive certification; whether they have
1467taken and passed the Florida Teacher Certification
1474Examination and, if so, which part(s); whether they hold a
1484teaching certificate from another state and, if so, in what
1494subject area(s); whether they have ever had a teaching
1503certificate or license revoked, suspended, or placed on
1511probation and, if so, on what ground(s); whether they have
1521ever been the subject of any disciplinary action and, if
1531so, the nature and date of such action and why it was
1543taken; whether they have ever been dismissed, asked to
1552resign or not had a contract renewed and, if so, the
1563reason(s) therefor; the total number of days they have
1572been absent from school or work in the last three years and
1584the reason(s) for these absences; and all
1591colleges/universities from which they have received
1597degrees, when they attended these institutions, when they
1605graduated, the kind of degrees they received, the subjects
1614they studied (major and minor), and whether their grade
1623point average was higher than 2.5.
162913. On the Teacher Applicant Referral form,
1636applicants are asked to provide the following information:
1644the date of the application; their name, address,
1652telephone number and social security number; the date they
1661will be able to commence work; the position(s) sought;
1670whether they hold a valid Florida teaching certificate- if
1679so, in what subject area(s), and, if not, whether they have
1690applied for certification and the subject area(s) in which
1699they expect to receive certification; whether they hold a
1708teaching certificate from another state and, if so, in what
1718subject area(s); whether they are a U.S. citizen and, if
1728not, whether they have a resident alien work permit; and
1738the institutions from which they have received degrees, the
1747kind of degrees they have received, and their major course
1757of study at these institutions.
176214. On neither the Great Florida Teach-In
1769registration application form nor the Teacher Applicant
1776Referral form are applicants asked to provide information
1784regarding their sex or marital status. (It may be
1793possible, however, to ascertain an applicant's sex from the
1802name of the applicant appearing on the form.)
181015. Following the suggestion of the Department's
1817Bureau of Teacher Certification, Petitioner contacted OTRR.
1824He thereafter received from OTRR an "information packet,"
1832as well as a registration application form for the 1993
1842Great Florida Teach-In (scheduled to be held June 27
1851through July 1, 1993) and a Teacher Applicant Referral
1860form.
186116. Petitioner filled out and signed the Teacher
1869Applicant Referral form on or about November 10, 1992, and
1879returned the completed and signed form to OTRR. On the
1889form, Petitioner indicated, among other things, that he was
1898interested in "Special Education Teacher Type Positions-
1905SLD" and that he was "Florida certified [in] Specific
1914Learning Disabilities."
191617. In view of Petitioner's first and middle names
1925(Steve Joseph), both of which he included on the form, it
1936should have been obvious to anyone reviewing the form that
1946it was submitted by a male. Petitioner, however, provided
1955no information on the form suggesting that he was a single
1966male.
196718. Petitioner kept a copy of the original completed
1976and signed Teacher Applicant Referral form he submitted to
1985OTRR. On or about October 2, 1993, he signed the copy and
1997sent it to OTRR.
200119. At all times material to the instant case, it was
2012the routine practice of OTRR to take the following action
2022in connection with completed and signed Teacher Applicant
2030Referral forms it received: Information on the forms was
2039inputted and stored in OTRR's computer system. The forms
2048(and copies thereof made by OTRR) were then filed in
2058alphabetical order and by subject area. They remained on
2067file for approximately a year, after which they were
2076purged. When a school district contacted OTRR seeking help
2085in its efforts to fill a particular teaching position, 3/
2095OTRR would pull the forms of all those applicants who,
2105based upon the subject area of the position sought to be
2116filled and any other criteria specified by the school
2125district, appeared (from the information contained on their
2133forms) to meet the needs of the school district. Copies of
2144these forms, along with a computer printout containing the
2153names, addresses, telephone numbers, certification status
2159and citizenship of these applicants, were sent to the
2168school district. On occasion, information concerning these
2175applicants was provided to the school district over the
2184telephone. At no time did OTRR fail to refer an applicant
2195to a school district because the applicant was a male or
2206was single. 4/
220920. OTRR did not deviate from its routine practice in
2219its handling and treatment of either the original Teacher
2228Applicant Referral form that Petitioner submitted on or
2236about November 10, 1992, or the re-signed copy of the
2246original he submitted on or about October 2, 1993.
2255(Petitioner, however, has not been contacted by any school
2264district purporting to have received his name from OTRR.)
22735/
227421. Petitioner also filled out and signed the
2282registration application form for the 1993 Great Florida
2290Teach-In and sent it to OTRR, 6/ but he did not do so in
2304a timely manner. (The application was dated June 27, 1993,
2314the date the 1993 Great Florida Teach-In began.)
2322Petitioner did not attend the 1993 Great Florida Teach-In,
2331nor did he attend the event in any subsequent year.
234122. Petitioner has applied for teaching positions at
2349public schools in Broward County (where he has resided
2358since he moved to Florida in the summer of 1992), Dade
2369County, Palm Beach County, Collier County, Monroe County
2377and one other Florida county (located in the northern part
2387of the state). He also has applied for teaching positions
2397at at least one Florida private school, Lighthouse Point
2406Academy, which is located in Broward County.
2413Notwithstanding these efforts on his part, Petitioner has
2421not received any offers of full-time, permanent employment
2429and he remains unemployed. 7/
243423. Petitioner has not taken any part of the Florida
2444Teacher Certification Examination.
244724. The Statement of Eligibility that the
2454Department's Bureau of Teacher Certification issued
2460Petitioner on October 15, 1992, expired on October 15,
24691994.
247025. The Department did not in any way discriminate
2479against Petitioner on the basis of his sex or marital
2489status.
2490CONCLUSIONS OF LAW
249326. The Florida Civil Rights Act of 1992 (hereinafter
2502referred to as the "Act") is codified in Sections 760.01
2513through 760.11 and 509.092, Florida Statutes. Its
2520provisions apply "to conduct occurring on or after October
25291, 1992." Chapter 92-177, Section 13, Laws of Fla.
253827. Among other things, the Act makes certain acts
"2547unlawful employment practices" and gives the Commission
2554the authority, if it finds, following a Section 120.57
2563administrative hearing, that such an "unlawful employment
2570practice" has occurred, to issue an order "prohibiting the
2579practice and providing affirmative relief from the effects
2587of the practice, including back pay." Section 760.10, Fla.
2596Stat.
259728. Among the "unlawful employment practices"
2603prohibited by the Act is that described in Section
2612760.10(2), Florida Statutes, which provides as follows:
2619It is an unlawful employment practice for an
2627employment agency to fail or refuse to refer
2635for employment, or otherwise to discriminate
2641against, any individual because of race, color,
2648religion, sex, national origin, age, handicap,
2654or marital status or to classify or refer for
2663employment any individual on the basis of race,
2671color, religion, sex, national origin, age,
2677handicap, or marital status.
268129. An "employment agency," as that term is used in
2691Section 760.10(2), Florida Statutes, is "any person
2698regularly undertaking, with or without compensation, to
2705procure employees for an employer or to procure for
2714employees opportunities to work for an employer, and
2722includes an agent of such person." Section 760.02(8), Fla.
2731Stat.
273230. A "person," as that term is used in the Act
"2743includes . . . the state; or any governmental entity or
2754agency." Section 760.02(6), Fla. Stat.
275931. As an agency of the state, the Department is a
"2770person," within the meaning of Section 760.02(6), Florida
2778Statutes. Section 20.15, Fla. Stat.
278332. Among the Department's duties and
2789responsibilities are those prescribed in Section 231.625,
2796Florida Statutes, which is entitled "Teacher shortage
2803recruitment and referral" and provides as follows:
2810(1) The Department of Education, through
2816the Center for Career Development Services,
2822in cooperation with teacher organizations and
2828district personnel directors, shall expand
2833its career information system to concentrate
2839on the recruitment of qualified teachers in
2846teacher shortage areas.
2849(2) The Department of Education, through
2855the Center for Career Development, shall
2861establish a teacher referral and recruitment
2867center which shall:
2870(a) Advertise teacher positions in
2875targeted states with declining student
2880enrollments.
2881(b) Advertise in major newspapers,
2886national professional publications, and
2890other professional publications and in
2895graduate schools of education.
2899(c) Utilize a nationwide toll-free
2904number and central post-office box.
2909(d) Develop standardized resumes for
2914teacher applicant data.
2917(e) Conduct periodic communications with
2922district superintendents and personnel directors
2927regarding new applicants.
2930(f) Provide district access to the applicant
2937database by computer or telephone.
2942(g) Develop and distribute promotional
2947materials related to teaching as a career.
2954(h) Publish and distribute information
2959pertaining to teacher salaries and benefits
2965for beginning and continuing teachers.
2970(i) Publish information related to
2975alternative certification procedures.
2978(j) Develop and sponsor the Future
2984Educator of America clubs throughout the state.
2991(3) The teacher referral and recruitment
2997center, in cooperation with teacher organizations
3003and district personnel directors, shall sponsor
3009an annual job fair in a central part of the state
3020to match in-state educators and out-of-state
3026educators with teaching opportunities in this
3032state.
303333. OTRR is the "teacher referral and recruitment
3041center" the Department established (in its Division of
3049Human Resource Development 8/ ) pursuant to the mandate
3058of subsection (2) of Section 231.625, Florida Statutes.
306634. In performing its "teacher referral and
3073recruitment" functions, OTRR acts as an "employment
3080agency," within the meaning of Section 760.02(8), Florida
3088Statutes, subject to the proscriptions of Section
3095760.10(2), Florida Statutes. If OTRR fails or refuses to
3104furnish to a school district (requesting OTRR's assistance
3112in filling a teaching position) the name of and other
3122information it has on file concerning an educator (who has
3132provided OTRR with such information for dissemination to
3140prospective employers) because the educator is a male or is
3150single, OTRR (and therefore the Department) commits an
3158unlawful employment practice in violation of Section
3165760.10(2), Florida Statutes.
316835. In the instant case, Petitioner has alleged that
3177he was the victim of such an unlawful employment practice.
318736. A complainant, like Petitioner, who claims to
3195have been discriminated against by an "employment agency"
3203based upon his sex and marital status bears the initial
3213burden of establishing a prima facie case of
3221discrimination. This burden may be met by the complainant
3230showing that (1) he enlisted the services of the
"3239employment agency" and was qualified for a job for which
3249an employer was seeking referrals from the "employment
3257agency;" (2) at the time, he was a single male; (3)
3268despite his qualifications, he was not referred to the
3277employer by the "employment agency;" and (4) females or
3286married persons with similar or lesser qualifications were
3294referred. If the complainant makes such a showing, the
3303burden shifts to the "employment agency" to state some
3312legitimate, nondiscriminatory reason for its failure to
3319have referred the complainant. The reason must be clear,
3328reasonably specific and worthy of credence. (The
"3335employment agency," however, need not prove that its
3343decision was actually motivated by the reason given.) If
3352the "employment agency" articulates a reason that meets the
3361foregoing requirements, the burden shifts back to the
3369complainant to prove that, contrary to the explanation
3377given by the "employment agency," his sex and marital
3386status were the real reasons he was not referred by the
"3397employment agency." See Florida Department of Community
3404Affairs v. Bryant, 586 So.2d 1205 (Fla. 1st DCA 1991);
3414Department of Corrections v. Chandler, 582 So.2d 1183 (Fla.
34231st DCA 1991).
342637. In the instant case, Petitioner did not meet his
3436initial burden of making a prima facie showing of
3445discrimination. He failed to prove that OTRR treated him
3454less favorably than any similarly or lesser qualified
3462female or married educator who, like Petitioner, (on the
3471Teacher Applicant Referral form) had expressed an interest
3479in "Special Education Teacher Type Positions- SLD."
3486Indeed, Petitioner's proof was insufficient to even
3493establish that, during the relevant time frame, OTRR failed
3502to refer him to any school district that had requested
3512OTRR's assistance in filling "Special Education Teacher
3519Type Positions- SLD" (much less establish that such a
3528failure to refer constituted disparate treatment and was
3536discriminatorily motivated, as alleged in Petitioner's
3542amended unlawful employment practice complaint.)
354738. Given the lack of evidence sufficient to support
3556a finding that there was such a failure to refer on OTRR's
3568(and therefore the Department's) part, Petitioner's amended
3575unlawful employment practice complaint (the cornerstone of
3582which is the allegation that Petitioner was the recipient
3591of such unfavorable treatment on OTRR's part) must be
3600dismissed.
3601RECOMMENDATION
3602Based upon the foregoing Findings of Fact and
3610Conclusions of Law, it is hereby
3616RECOMMENDED that the Commission enter a final order
3624dismissing Petitioner's amended unlawful employment
3629practice complaint on the ground that the evidence is
3638insufficient to establish that the Department committed the
3646unlawful employment practice alleged therein.
3651DONE AND ENTERED in Tallahassee, Leon County, Florida,
3659this 14th day of August, 1996.
3665___________________________________
3666STUART M. LERNER, Hearing
3670Officer
3671Division of Administrative
3674Hearings
3675The DeSoto Building
36781230 Apalachee Parkway
3681Tallahassee, Florida 32399-
36841550
3685(904) 488-9675 SUNCOM 278-9675
3689Filed with the Clerk of the
3695Division of Administrative
3698Hearings
3699this 14th day of August, 1996.
3705ENDNOTES
37061/ In terms of advertising and filling teaching positions
3715in Florida's public schools, the busiest months are May,
3724June and July.
37272/ OTRR does not now, nor did it at any time material to
3740the instant case, maintain a listing of job vacancies
37493/ Such contact was typically made by telephone.
37574/ Petitioner, however, was led to believe otherwise based
3766upon comments made to him by Norman MacMillian, a former
3776employee of the Department's Bureau of Teacher
3783Certification (who did not testify at the final hearing in
3793the instant case because Petitioner was unable to locate
3802him). These comments were made during a conversation in
3811which Petitioner complained to MacMillian about his
3818inability to obtain a teaching position in Florida.
38265/ OTRR does not, nor did it at any time material to the
3839instant case, maintain records of requests received by OTRR
3848from school districts and action taken by OTRR in response
3858to these requests. Accordingly, no such records were
3866offered into evidence at the final hearing in this case.
3876Furthermore, at hearing neither party presented the
3883testimony of anyone who specifically recalled what
3890particular action, if any, OTRR took in connection with
3899either the Teacher Applicant Referral form Petitioner
3906originally submitted to OTRR or the re-signed copy he
3915subsequently submitted. The Department, however, did
3921adduce evidence concerning OTRR's customary practice. Such
3928evidence was sufficient to establish a presumption, which
3936Petitioner failed to overcome or negate, that OTRR acted in
3946conformity with that practice in connection with its
3954handling and treatment of the materials it received from
3963Petitioner. See Progressive American Insurance Company v.
3970Kurtz, 518 So.2d 1339, 1340-41 (Fla. 5th DCA 1987);
3979Section 90.406, Fla. Stat. ("[e]vidence of the routine
3988practice of an organization, whether corroborated or not
3996and regardless of the presence of eyewitnesses, is
4004admissible to prove that the conduct of the organization on
4014a particular occasion was in conformity with the routine
4023practice").
40256/ On the form, in response to the question, "Have you
4036ever been dismissed, asked to resign or had your contract
4046not renewed?," Petitioner stated as follows: "I have never
4055had a regular appointed teacher contract. The contracts
4063were considered regular substitute teacher and expired at
4071the end of the year."
40767/ Petitioner has also filed unlawful employment practice
4084complaints against Lighthouse Point Academy and the
4091Broward, Dade, Palm Beach, Collier and Monroe County school
4100districts alleging that these prospective employers
4106discriminated against him on the basis of his sex and
4116marital status.
41188/ The Division of Human Resource Development is one of
4128five divisions within the Department. Section 20.15(2)(a),
4135Fla. Stat.
4137APPENDIX TO RECOMMENDED ORDER
4141The following are the Hearing Officer's specific
4148rulings on the "findings of facts" proposed by the
4157Department in its proposed recommended order:
41631. Accepted as true and incorporated in substance,
4171although not necessarily repeated verbatim, in this
4178Recommended Order.
41802. First and second sentences: Accepted as true and
4189incorporated in substance; Third sentence: Rejected as a
4197finding of fact because it is more in the nature of a
4209statement of law than a finding of fact.
42173-6. Rejected as findings of fact because they are
4226more in the nature of statements of law than findings of
4237fact.
42387. First, second and third sentences: Accepted as
4246true and incorporated in substance; Fourth sentence:
4253Rejected as a finding of fact because it is more in the
4265nature of legal argument than a finding of fact.
42748. To the extent that this proposed finding states
4283that Petitioner initially submitted a completed and signed
4291Teacher Applicant Referral form to OTRR in October (rather
4300than November) of 1992, it has been rejected because it
4310lacks sufficient evidentiary/record support. Otherwise, it
4316has been accepted as true and incorporated in substance.
43259. First and second sentences: Accepted as true and
4334incorporated in substance; Third sentence: Not
4340incorporated in this Recommended Order because it would add
4349only unnecessary detail to the factual findings made by the
4359Hearing Officer.
436110. Accepted as true and incorporated in substance.
436911. First sentence: Not incorporated in this
4376Recommended Order because it would add only unnecessary
4384detail to the factual findings made by the Hearing Officer;
4394Remaining sentences: Accepted as true and incorporated in
4402substance.
440312. First sentence: Not incorporated in this
4410Recommended Order because it would add only unnecessary
4418detail to the factual findings made by the Hearing Officer;
4428Second sentence: Accepted as true and incorporated in
4436substance.
443713. Accepted as true and incorporated in substance.
444514. Second sentence: Not incorporated in this
4452Recommended Order because it would add only unnecessary
4460detail to the factual findings made by the Hearing Officer;
4470Remaining sentences: Accepted as true and incorporated in
4478substance.
447915. Not incorporated in this Recommended Order
4486because it would add only unnecessary detail to the factual
4496findings made by the Hearing Officer.
450216. First and second sentences: Not incorporated in
4510this Recommended Order because they would add only
4518unnecessary detail to the factual findings made by the
4527Hearing Officer; Third sentence: Accepted as true and
4535incorporated in substance.
453817. First sentence: Accepted as true and
4545incorporated in substance; Second sentence: Not
4551incorporated in this Recommended Order because it would add
4560only unnecessary detail to the factual findings made by the
4570Hearing Officer.
457218. Accepted as true and incorporated in substance.
458019. Last sentence: Not incorporated in this
4587Recommended Order because it would add only unnecessary
4595detail to the factual findings made by the Hearing Officer;
4605Remaining sentences: Accepted as true and incorporated in
4613substance.
461420. First, third and fourth sentences: Accepted as
4622true and incorporated in substance; Remaining sentences:
4629Not incorporated in this Recommended Order because they
4637would add only unnecessary detail to the factual findings
4646made by the Hearing Officer.
465121. Not incorporated in this Recommended Order
4658because it would add only unnecessary detail to the factual
4668findings made by the Hearing Officer.
467422. First sentence: Not incorporated in this
4681Recommended Order because it would add only unnecessary
4689detail to the factual findings made by the Hearing Office;
4699Second and third sentence: Rejected as findings of fact
4708because they are more in the nature of arguments concerning
4718the state of the evidentiary record than findings of fact;
4728Fourth sentence: Accepted as true and incorporated in
4736substance.
473723. First sentence: Not incorporated in this
4744Recommended Order because it would add only unnecessary
4752detail to the factual findings made by the Hearing Officer.
476224. Third sentence: Not incorporated in this
4769Recommended Order because it would add only unnecessary
4777detail to the factual findings made by the Hearing Officer;
4787Remaining sentences: Accepted as true and incorporated in
4795substance.
479625. First sentence: Rejected as a finding of fact
4805because it is more in the nature of argument concerning the
4816state of the evidentiary record than a finding of fact;
4826Second and third sentences: Accepted as true and
4834incorporated in substance.
483726. First and second sentences: Not incorporated in
4845this Recommended Order because they would add only
4853unnecessary detail to the factual findings made by the
4862Hearing Officer; Third and fourth sentences: Rejected as
4870findings of fact because they are more in the nature of
4881arguments concerning the state of the evidentiary record
4889than findings of fact.
489327. Accepted as true and incorporated in substance.
490128. Not incorporated in this Recommended Order
4908because it would add only unnecessary detail to the factual
4918findings made by the Hearing Officer.
492429. Accepted as true and incorporated in substance.
493230. First sentence: Accepted as true and
4939incorporated in substance; Remaining sentences: Not
4945incorporated in this Recommended Order because they would
4953add only unnecessary detail to the factual findings made by
4963the Hearing Officer.
496631. First, second and third sentences: Not
4973incorporated in this Recommended Order because they would
4981add only unnecessary detail to the factual findings made by
4991the Hearing Officer; Fourth, fifth and sixth sentences:
4999Rejected as findings of fact because they are more in the
5010nature of legal arguments than findings of fact.
501832. First and third sentences: Not incorporated in
5026this Recommended Order because they would add only
5034unnecessary detail to the factual findings made by the
5043Hearing Officer; Second sentence: Accepted as true and
5051incorporated in substance.
505433. Last sentence: Not incorporated in this
5061Recommended Order because it would add only unnecessary
5069detail to the factual findings made by the Hearing Officer;
5079Remaining sentences: Accepted as true and incorporated in
5087substance.
508834. Not incorporated in this Recommended Order
5095because it would add only unnecessary detail to the factual
5105findings made by the Hearing Officer.
511135. First sentence: Accepted as true and
5118incorporated in substance; Second sentence: Not
5124incorporated in this Recommended Order because it would add
5133only unnecessary detail to the factual findings made by the
5143Hearing Officer.
514536. Accepted as true and incorporated in substance.
5153COPIES FURNISHED:
5155Steve J. Longariello
51589999 Summerbreeze Drive, Number 422
5163Sunrise, Florida 33322
5166Charles S. Ruberg, Esquire
5170Department of Education
5173The Capitol, Suite 1701
5177Tallahassee, Florida 32399-0400
5180Sharon Moultry, Clerk
5183Florida Commission on Human Relations
5188325 John Knox Road
5192Building F, Suite 240
5196Tallahassee, Florida 32303-4149
5199Dana Baird
5201General Counsel
5203Florida Commission on Human Relations
5208325 John Knox Road
5212Building F, Suite 240
5216Tallahassee, Florida 32303-4149
5219NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
5225All parties have the right to submit written exceptions to
5235this recommended order. All agencies allow each party at
5244least 10 days in which to submit written exceptions. Some
5254agencies allow a larger period of time within which to
5264submit written exceptions. You should contact the agency
5272that will issue the final order in this case concerning
5282agency rules on the deadline for filing exceptions to this
5292recommended order. Any exceptions to this recommended
5299order should be filed with the agency that will issue the
5310final order in this case.
5315STATE OF FLORIDA
5318DIVISION OF ADMINISTRATIVE HEARINGS
5322STEVE J. LONGARIELLO, )
5326)
5327Petitioner, )
5329)
5330vs. ) CASE NO. 95-5320
5335)
5336DEPARTMENT OF EDUCATION, )
5340)
5341Respondent. )
5343_____________________________)
5344FINAL ORDER DENYING RESPONDENT'S MOTION FOR SANCTIONS
5351On or about July 8, 1993, Petitioner filed a unlawful
5361employment practice complaint with the Florida Commission
5368on Human Relations (Commission) alleging that the
5375Department of Education (Department) had discriminated
5381against him because of his sex and marital status. On
5391November 1, 1995, at Petitioner's request and without any
5400reasonable cause determination having been made, the
5407Commission referred the matter to the Division of
5415Administrative Hearings (Division) for the assignment of a
5423Division hearing officer to conduct a formal Section 120.57
5432hearing.
5433On November 17, 1995, the Department filed with the
5442Division a Motion to Deny the Request for Hearing that
5452Petitioner had filed with the Commission. Petitioner, on
5460November 30, 1995, filed a response to the Department's
5469motion. The Hearing Officer treated Petitioner's response
5476as an amendment of his unlawful employment practice
5484complaint (filed pursuant to Rule 60Y-5.001(7), Florida
5491Administrative Code, which allows a complainant to amend
5499his complaint "any time before service of a Notice of
5509Determination" "to cure technical defects, or omissions, or
5517to clarify and amplify allegations made therein.") As so
5527amended, Petitioner's complaint alleged that the
5533Department, through its Officer of Teacher Recruitment and
5541Retention (OTRR), refused to refer Petitioner for
5548employment as a teacher because of his sex (male) and
5558marital status (single).
5561The formal hearing on Petitioner's amended complaint
5568was held on June 4 and 5, 1996. At the suggestion of both
5581parties, the hearing was held in Fort Lauderdale, Florida.
5590A transcript of the hearing was prepared (at the
5599Department's request) and filed with the Division. On July
560825, 1996, the Department filed a proposed recommended
5616order, as well a motion requesting that the Hearing
5625Officer, pursuant to Section 120.57(1)(b)5, Florida
5631Statutes, "enter an Order assessing against the Petitioner
5639[the Department's] costs for travel [to the hearing site in
5649Fort Lauderdale] and transcripts [of the formal hearing]
5657and any additional sanctions deemed appropriate" in view
5665of, what the Department argued in its motion was,
"5674Petitioner's bad faith pursuit of an unfounded claim." On
5683August 6, 1996, Petitioner filed a response in opposition
5692to the Department's Motion for Sanctions.
5698The Hearing Officer issued his Recommended Order in
5706this case on August 14, 1996. In his Recommended Order
5716(which is incorporated by reference in this Final Order),
5725the Hearing Officer recommended that the Commission "enter
5733a final order dismissing Petitioner's amended unlawful
5740employment practice complaint on the ground that the
5748evidence is insufficient to establish that the Department
5756committed the unlawful employment practice alleged
5762therein." Remaining for disposition is the Department's
5769Motion for Sanctions.
5772Section 120.57(1)(b)5, Florida Statutes, provides as
5778follows:
5779All pleadings, motions, or other papers filed
5786in the proceeding must be signed by a party,
5795the party's attorney, or the party's qualified
5802representative. The signature of a party, a
5809party's attorney, or a party's qualified
5815representative constitutes a certificate that
5820he or she has read the pleading, motion, or
5829other paper and that, to the best of his or
5839her knowledge, information, and belief formed
5845after reasonable inquiry, it is not interposed
5852for any improper purposes, such as to harass or
5861to cause unnecessary delay or for frivolous
5868purpose or needless increase in the cost of
5876litigation. If a pleading, motion, or other
5883paper is signed in violation of these require-
5891ments, the hearing officer, upon motion or the
5899officer's own initiative, shall impose upon the
5906person who signed it, a represented party, or
5914both, an appropriate sanction, which may include
5921an order to pay the other party or parties the
5931amount of reasonable expenses incurred because
5937of the filing of the pleading, motion, or other
5946paper, including a reasonable attorney's fee.
"5952[T]his statutory provision proscribes the filing of papers
5960for an improper purpose, including filing for a frivolous
5969purpose. Its objective is similar to that of its federal
5979counterpart, Rule 11, Federal Rules of Civil Procedure,
5987which . . . is 'designed to discover dilatory or abusive
5998tactics and to streamline the litigation process. The rule
6007is aimed at deterrence, not fee shifting or compensating
6016the prevailing party.'" 1/ Department of Health and
6024Rehabilitative Services v. S.G., 613 So.2d 1380, 1384 (Fla.
60331st DCA 1993), citing Mercedes Lighting and Electrical
6041Supply, Inc. v. Department of General Services, 560 So.2d
6050272 (Fla. 1st DCA 1990). In determining whether a paper
6060has been filed for an "improper purpose," the hearing
6069officer "should not delve into an attorney's or party's
6078subjective intent or into a good faith-bad faith analysis.
6087Instead if a reasonably clear legal justification can be
6096shown for the filing of the paper in question, improper
6106purpose cannot be found and sanctions are inappropriate."
6114Mercedes Lighting and Electrical Supply, Inc. v. Department
6122of General Services, 560 So.2d at 278.
6129In the instant case, while the proof Petitioner
6137presented at the formal hearing in this case was
6146insufficient to meet his burden of proving the claim of
6156discrimination he had made against the Department in his
6165amended unlawful employment practice complaint, it appears
6172that, given his status as a single male, his masculine
6182first and middle names, Steve Joseph, both of which he
6192included on the forms he sent to OTRR, the information he
6203provided on these forms regarding his qualifications to
6211teach students with specific learning disabilities (SLD),
6218the "critical" shortage of qualified SLD teachers that
6226existed statewide at the time, the absence of written
6235records maintained by OTRR concerning any action it may
6244have taken with respect to the forms Petitioner submitted,
6253his failure to hear from any prospective employer
6261purporting to have received his name from OTRR, and the
6271comments made to him by Norman MacMillian, a former
6280Department employee, regarding the Department's
6285discriminatory practices, Petitioner had a reasonably clear
6292legal justification for filing his amended unlawful
6299employment practice complaint with the Division, at least
6307to the extent that it alleged that he was discriminated
6317against by the Department because of his sex. Accordingly,
6326sanctions should not be imposed against him, pursuant to
6335Section 120.57(1)(b)5, Florida Statutes, for filing this
6342amended complaint.
6344In view of the foregoing, the Department's Motion for
6353Sanctions, which seeks the imposition of such sanctions, is
6362hereby DENIED.
6364DONE AND ENTERED in Tallahassee, Leon County, Florida,
6372this 14th day of August, 1996.
6378__________________________________
6379_
6380STUART M. LERNER, Hearing
6384Officer
6385Division of Administrative
6388Hearings
6389The DeSoto Building
63921230 Apalachee Parkway
6395Tallahassee, Florida 32399-
63981550
6399(904) 488-9675 SC 278-9675
6403Filed with the Clerk of the
6409Division of Administrative
6412Hearings
6413this 14th day of August, 1996.
6419ENDNOTE
64201/ While "it is the hearing officer under [S]ection
6429120.57(1)(b)5 [Florida Statutes] who has the authority to
6437administer the sanctions prescribed by this section,"
6444(Department of Health and Rehabilitative Services v. S.G.,
6452613 So.2d 1380 at 1384), under Section 760.11, Florida
6461Statutes, it is the Commission which is authorized, "in its
6471discretion, [to] allow the prevailing party [in an
6479administrative proceeding on an unlawful employment
6485practice complaint] a reasonable attorney's fee as part of
6494the costs" (which authority must be exercised by the
6503Commission, according to the provisions of Section 760.11,
"6511in a manner consistent with federal case law involving a
6521Title VII action." Under existing federal case law, in a
6531Title VII action, a plaintiff may "not be assessed his
6541opponent's attorney's fees unless a court finds that his
6550claim was frivolous, unreasonable, or groundless, or that
6558the plaintiff continued to litigate after it clearly
6566became so," but such an assessment may be made even though
6577[the plaintiff's action was] not brought in subjective bad
6586faith." Christianburg Garment Co. v. Equal Employment
6593Opportunity Commission, 98 S.Ct. 694, 700 (1978). This
6601standard is not unlike that which must be applied in
6611determining whether sanctions should be imposed under Rule
661911, Federal Rules of Civil Procedure. See Simons v.
6628Southwest Petro-Chem, Inc., 28 F.3d 1029 (10th Cir.
66361994).)
6637COPIES FURNISHED:
6639Steve J. Longariello
66429999 Summerbreeze Drive, Number 422
6647Sunrise, Florida 33322
6650Charles S. Ruberg, Esquire
6654Department of Education
6657The Capitol, Suite 1701
6661Tallahassee, Florida 32399-0400
6664Sharon Moultry, Clerk
6667Florida Commission on Human Relations
6672325 John Knox Road
6676Building F, Suite 240
6680Tallahassee, Florida 32303-4149
6683Dana Baird
6685General Counsel
6687Florida Commission on Human Relations
6692325 John Knox Road
6696Building F, Suite 240
6700Tallahassee, Florida 32303-4149
6703NOTICE OF RIGHT TO JUDICIAL REVIEW
6709A party who is adversely affected by this final order is
6720entitled to judicial review pursuant to Section 120.68,
6728Florida Statutes. Review proceedings are governed by the
6736Florida Rules of Appellate Procedure. Such proceedings are
6744commenced by filing one copy of a notice of appeal with the
6756Agency Clerk of the Division of Administrative Hearings and
6765a second copy, accompanied by filing fees prescribed by
6774law, with the District Court of Appeal, First District, or
6784with the district court of appeal in the appellate district
6794where the party resides. The notice of appeal must be
6804filed within 30 days of rendition of the order to be
6815reviewed.
6816STATE OF FLORIDA
6819DIVISION OF ADMINISTRATIVE HEARINGS
6823STEVE J. LONGARIELLO, )
6827)
6828Petitioner, )
6830)
6831vs. ) CASE NO. 95-5320
6836)
6837DEPARTMENT OF EDUCATION, )
6841)
6842Respondent. )
6844_____________________________)
6845FINAL ORDER DENYING RESPONDENT'S MOTION FOR SANCTIONS
6852On or about July 8, 1993, Petitioner filed a unlawful
6862employment practice complaint with the Florida Commission
6869on Human Relations (Commission) alleging that the
6876Department of Education (Department) had discriminated
6882against him because of his sex and marital status. On
6892November 1, 1995, at Petitioner's request and without any
6901reasonable cause determination having been made, the
6908Commission referred the matter to the Division of
6916Administrative Hearings (Division) for the assignment of a
6924Division hearing officer to conduct a formal Section 120.57
6933hearing.
6934On November 17, 1995, the Department filed with the
6943Division a Motion to Deny the Request for Hearing that
6953Petitioner had filed with the Commission. Petitioner, on
6961November 30, 1995, filed a response to the Department's
6970motion. The Hearing Officer treated Petitioner's response
6977as an amendment of his unlawful employment practice
6985complaint (filed pursuant to Rule 60Y-5.001(7), Florida
6992Administrative Code, which allows a complainant to amend
7000his complaint "any time before service of a Notice of
7010Determination" "to cure technical defects, or omissions, or
7018to clarify and amplify allegations made therein.") As so
7028amended, Petitioner's complaint alleged that the
7034Department, through its Officer of Teacher Recruitment and
7042Retention (OTRR), refused to refer Petitioner for
7049employment as a teacher because of his sex (male) and
7059marital status (single).
7062The formal hearing on Petitioner's amended complaint
7069was held on June 4 and 5, 1996. At the suggestion of both
7082parties, the hearing was held in Fort Lauderdale, Florida.
7091A transcript of the hearing was prepared (at the
7100Department's request) and filed with the Division. On July
710925, 1996, the Department filed a proposed recommended
7117order, as well a motion requesting that the Hearing
7126Officer, pursuant to Section 120.57(1)(b)5, Florida
7132Statutes, "enter an Order assessing against the Petitioner
7140[the Department's] costs for travel [to the hearing site in
7150Fort Lauderdale] and transcripts [of the formal hearing]
7158and any additional sanctions deemed appropriate" in view
7166of, what the Department argued in its motion was,
"7175Petitioner's bad faith pursuit of an unfounded claim." On
7184August 6, 1996, Petitioner filed a response in opposition
7193to the Department's Motion for Sanctions.
7199The Hearing Officer issued his Recommended Order in
7207this case on August 14, 1996. In his Recommended Order
7217(which is incorporated by reference in this Final Order),
7226the Hearing Officer recommended that the Commission "enter
7234a final order dismissing Petitioner's amended unlawful
7241employment practice complaint on the ground that the
7249evidence is insufficient to establish that the Department
7257committed the unlawful employment practice alleged
7263therein." Remaining for disposition is the Department's
7270Motion for Sanctions.
7273Section 120.57(1)(b)5, Florida Statutes, provides as
7279follows:
7280All pleadings, motions, or other papers filed
7287in the proceeding must be signed by a party,
7296the party's attorney, or the party's qualified
7303representative. The signature of a party, a
7310party's attorney, or a party's qualified
7316representative constitutes a certificate
7320that he or she has read the pleading, motion,
7329or other paper and that, to the best of his
7339or her knowledge, information, and belief
7345formed after reasonable inquiry, it is not
7352interposed for any improper purposes, such
7358as to harass or to cause unnecessary delay
7366or for frivolous purpose or needless increase
7373in the cost of litigation. If a pleading,
7381motion, or other paper is signed in violation
7389of these requirements, the hearing officer,
7395upon motion or the officer's own initiative,
7402shall impose upon the person who signed it,
7410a represented party, or both, an appropriate
7417sanction, which may include an order to pay
7425the other party or parties the amount of
7433reasonable expenses incurred because of the
7439filing of the pleading, motion, or other paper,
7447including a reasonable attorney's fee.
"7452[T]his statutory provision proscribes the filing of papers
7460for an improper purpose, including filing for a frivolous
7469purpose. Its objective is similar to that of its federal
7479counterpart, Rule 11, Federal Rules of Civil Procedure,
7487which . . . is 'designed to discover dilatory or abusive
7498tactics and to streamline the litigation process. The rule
7507is aimed at deterrence, not fee shifting or compensating
7516the prevailing party.'" 1/ Department of Health and
7524Rehabilitative Services v. S.G., 613 So.2d 1380, 1384 (Fla.
75331st DCA 1993), citing Mercedes Lighting and Electrical
7541Supply, Inc. v. Department of General Services, 560 So.2d
7550272 (Fla. 1st DCA 1990). In determining whether a paper
7560has been filed for an "improper purpose," the hearing
7569officer "should not delve into an attorney's or party's
7578subjective intent or into a good faith-bad faith analysis.
7587Instead if a reasonably clear legal justification can be
7596shown for the filing of the paper in question, improper
7606purpose cannot be found and sanctions are inappropriate."
7614Mercedes Lighting and Electrical Supply, Inc. v. Department
7622of General Services, 560 So.2d at 278.
7629In the instant case, while the proof Petitioner
7637presented at the formal hearing in this case was
7646insufficient to meet his burden of proving the claim of
7656discrimination he had made against the Department in his
7665amended unlawful employment practice complaint, it appears
7672that, given his status as a single male, his masculine
7682first and middle names, Steve Joseph, both of which he
7692included on the forms he sent to OTRR, the information he
7703provided on these forms regarding his qualifications to
7711teach students with specific learning disabilities (SLD),
7718the "critical" shortage of qualified SLD teachers that
7726existed statewide at the time, the absence of written
7735records maintained by OTRR concerning any action it may
7744have taken with respect to the forms Petitioner submitted,
7753his failure to hear from any prospective employer
7761purporting to have received his name from OTRR, and the
7771comments made to him by Norman MacMillian, a former
7780Department employee, regarding the Department's
7785discriminatory practices, Petitioner had a reasonably clear
7792legal justification for filing his amended unlawful
7799employment practice complaint with the Division, at least
7807to the extent that it alleged that he was discriminated
7817against by the Department because of his sex. Accordingly,
7826sanctions should not be imposed against him, pursuant to
7835Section 120.57(1)(b)5, Florida Statutes, for filing this
7842amended complaint.
7844In view of the foregoing, the Department's Motion for
7853Sanctions, which seeks the imposition of such sanctions, is
7862hereby DENIED.
7864DONE AND ENTERED in Tallahassee, Leon County, Florida,
7872this 14th day of August, 1996.
7878___________________________________
7879STUART M. LERNER, Hearing
7883Officer
7884Division of Administrative
7887Hearings
7888The DeSoto Building
78911230 Apalachee Parkway
7894Tallahassee, Florida 32399-
78971550
7898(904) 488-9675 SC 278-9675
7902Filed with the Clerk of the
7908Division of Administrative
7911Hearings
7912this 14th day of August, 1996.
7918ENDNOTE
79191/ While "it is the hearing officer under [S]ection
7928120.57(1)(b)5 [Florida Statutes] who has the authority to
7936administer the sanctions prescribed by this section,"
7943(Department of Health and Rehabilitative Services v. S.G.,
7951613 So.2d 1380 at 1384), under Section 760.11, Florida
7960Statutes, it is the Commission which is authorized, "in its
7970discretion, [to] allow the prevailing party [in an
7978administrative proceeding on an unlawful employment
7984practice complaint] a reasonable attorney's fee as part of
7993the costs" (which authority must be exercised by the
8002Commission, according to the provisions of Section 760.11,
"8010in a manner consistent with federal case law involving a
8020Title VII action." Under existing federal case law, in a
8030Title VII action, a plaintiff may "not be assessed his
8040opponent's attorney's fees unless a court finds that his
8049claim was frivolous, unreasonable, or groundless, or that
8057the plaintiff continued to litigate after it clearly
8065became so," but such an assessment may be made even though
8076[the plaintiff's action was] not brought in subjective bad
8085faith." Christianburg Garment Co. v. Equal Employment
8092Opportunity Commission, 98 S.Ct. 694, 700 (1978). This
8100standard is not unlike that which must be applied in
8110determining whether sanctions should be imposed under Rule
811811, Federal Rules of Civil Procedure. See Simons v.
8127Southwest Petro-Chem, Inc., 28 F.3d 1029 (10th Cir.
81351994).)
8136COPIES FURNISHED:
8138Steve J. Longariello
81419999 Summerbreeze Drive, Number 422
8146Sunrise, Florida 33322
8149Charles S. Ruberg, Esquire
8153Department of Education
8156The Capitol, Suite 1701
8160Tallahassee, Florida 32399-0400
8163Sharon Moultry, Clerk
8166Florida Commission on Human Relations
8171325 John Knox Road
8175Building F, Suite 240
8179Tallahassee, Florida 32303-4149
8182Dana Baird
8184General Counsel
8186Florida Commission on Human Relations
8191325 John Knox Road
8195Building F, Suite 240
8199Tallahassee, Florida 32303-4149
8202NOTICE OF RIGHT TO JUDICIAL REVIEW
8208A party who is adversely affected by this final order is
8219entitled to judicial review pursuant to Section 120.68,
8227Florida Statutes. Review proceedings are governed by the
8235Florida Rules of Appellate Procedure. Such proceedings are
8243commenced by filing one copy of a notice of appeal with the
8255Agency Clerk of the Division of Administrative Hearings and
8264a second copy, accompanied by filing fees prescribed by
8273law, with the District Court of Appeal, First District, or
8283with the district court of appeal in the appellate district
8293where the party resides. The notice of appeal must be
8303filed within 30 days of rendition of the order to be
8314reviewed.
![](/images/view_pdf.png)
- Date
- Proceedings
- Date: 10/15/2004
- Proceedings: Letter to Judge Meale from Petitioner regarding hearing on remand (filed via facsimile).
- Date: 02/02/1998
- Proceedings: (Respondent) Response to Petitioner`s Motion for Relief From Final Order filed.
- Date: 03/28/1997
- Proceedings: Final Order Dismissing Petition for Relief From An Unlawful Employment Practice filed.
- Date: 08/14/1996
- Proceedings: Final Order Denying Respondent`s Motion for Sanctions sent out.
-
PDF:
- Date: 08/14/1996
- Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 06-04-05/96.
- Date: 08/06/1996
- Proceedings: (Petitioner) Memorandum of Law In Opposition to Defendant`s Motion for Sanctions (filed via facsimile).
- Date: 07/25/1996
- Proceedings: Respondent`s Motion for Sanctions; Respondent`s Proposed Recommended Order filed.
- Date: 07/05/1996
- Proceedings: Transcript of Proceedings (Volumes I, II, III, tagged) filed.
- Date: 07/03/1996
- Proceedings: Order sent out. (ruling on Motion for official recognition)
- Date: 06/17/1996
- Proceedings: Petitioner`s Memorandum of Law in Opposition to Respondent`s Motion to Grant Official Recognition filed.
- Date: 06/14/1996
- Proceedings: (Respondent) Motion to Grant Official Recognition filed.
- Date: 06/12/1996
- Proceedings: (Respondent) Notice of Filing; Petitioner`s Exhibit 15 through 19 filed.
- Date: 06/04/1996
- Proceedings: CASE STATUS: Hearing Held.
- Date: 05/28/1996
- Proceedings: Letter to SML from Steve Longariello (RE: enclosing copy of Letter to Jerry Moore and Sherry Thomas advising time and date of hearing) filed.
- Date: 05/24/1996
- Proceedings: (Joint) Prehearing Stipulation filed.
- Date: 05/22/1996
- Proceedings: Order Validating Subpoenas sent out.
- Date: 05/21/1996
- Proceedings: (Petitioner) Motion for Telephonic Hearing (Emergency) & Motion to Validate Subpoena Duces Tecum Served By Petitioner for Hearing That Has Been Continued filed.
- Date: 04/22/1996
- Proceedings: Notice of Hearing sent out. (hearing set for June 4-5, 1996; 9:30am; Ft. Lauderdale)
- Date: 04/16/1996
- Proceedings: Order Granting Continuance sent out. (hearing to be rescheduled)
- Date: 04/12/1996
- Proceedings: Respondent`s Motion for Continuance filed.
- Date: 04/12/1996
- Proceedings: Notice of Appearance (Respondent) filed.
- Date: 02/12/1996
- Proceedings: Ltr. to Court Reporter from Hearing Officer`s secretary sent out. (hearing set for May 23-24, 1996)
- Date: 02/12/1996
- Proceedings: Order Requiring Prehearing Stipulation sent out.
- Date: 02/12/1996
- Proceedings: Notice of Hearing sent out. (hearing set for May 23-24, 1996; 8:45am; Ft. Lauderdale)
- Date: 02/05/1996
- Proceedings: (Respondent) Notice filed.
- Date: 02/01/1996
- Proceedings: Petitioner`s Response to Order of Jan. 22, 1996 filed.
- Date: 02/01/1996
- Proceedings: Letter to Hearing Officer from Carl J. Zahner Re: Dates unavailable for hearing; Notice; Fax Cover Sheet to Hearing Officer from Steve Longariello Re: Petitioner`s Response to Order filed.
- Date: 01/26/1996
- Proceedings: Petitioner`s Response to Order of Jan. 19, 1996 filed.
- Date: 01/22/1996
- Proceedings: Order sent out. (hearing continued; parties to respond in 10 days)
- Date: 01/22/1996
- Proceedings: Petitioner`s Motion for Continuance filed.
- Date: 01/19/1996
- Proceedings: Order sent out. (Petitioner to file response to Department`s Motion for Protective Order by 1/26/96)
- Date: 01/18/1996
- Proceedings: Ltr. to Court Reporter from Hearing Officer`s secretary; CC: Order Dated 12/26/95, hearing set for 1/31/96; 8:45am; Ft. Lauderdale)
- Date: 01/17/1996
- Proceedings: (Respondent) Response to Petitioner`s Request for Admissions; Response to Request for Production of Documents filed.
- Date: 01/04/1996
- Proceedings: Notice of (1) Petitioner`s Witness List, and (2) Documents Which Petitioner Intends to Offer as Exhibits During Final Hearing w/cover letter filed.
- Date: 01/02/1996
- Proceedings: (Petitioner) Request for Production of Documents w/cover letter filed.
- Date: 01/02/1996
- Proceedings: (Petitioner) Request for Admissions w/cover letter filed.
- Date: 12/26/1995
- Proceedings: Order sent out. (hearing will be held at DOT`s District Office)
- Date: 12/26/1995
- Proceedings: Letter to Hearing Officer from Steve J. Longariello Re: Request for subpoenas filed.
- Date: 12/20/1995
- Proceedings: (Department) Response to Amended Petition filed.
- Date: 12/14/1995
- Proceedings: Notice of Hearing sent out. (hearing set for 1/31/96; 8:45am; Ft. Lauderdale)
- Date: 12/05/1995
- Proceedings: Order sent out.
- Date: 11/30/1995
- Proceedings: Petitioner`s Memorandum of Law in Opposition to Respondent`s Motion to Deny the Request for Hearing filed.
- Date: 11/30/1995
- Proceedings: Petitioner`s Amendment to Joint Response to Initial Order; Joint Response to Initial Order w/cover letter filed.
- Date: 11/27/1995
- Proceedings: Joint Response to Initial Order filed.
- Date: 11/21/1995
- Proceedings: Order sent out.
- Date: 11/21/1995
- Proceedings: Order sent out. (parties Joint response to initial Order due 11/27/95)
- Date: 11/17/1995
- Proceedings: (Respondent) Motion to Deny The Request for Hearing filed.
- Date: 11/15/1995
- Proceedings: Letter to Hearing Officer from Steve J. Longariello Re: Request for Extension filed.
- Date: 11/06/1995
- Proceedings: Initial Order issued.
- Date: 11/01/1995
- Proceedings: Notice; (2) Request for Hearing, Letter Form Dated 8/4/95 & 10/19/95; Formal Discrimination Complaint, Letter Form; Charge Transmittal; Charge of Discrimination; Resume; Supportive Documents filed.
Case Information
- Judge:
- STUART M. LERNER
- Date Filed:
- 11/01/1995
- Date Assignment:
- 11/06/1995
- Last Docket Entry:
- 10/15/2004
- Location:
- Fort Lauderdale, Florida
- District:
- Southern
- Agency:
- ADOPTED IN TOTO