06-004650 Jannel Cherrington vs. Wolverine Anesthesia Consultants
 Status: Closed
Recommended Order on Friday, June 1, 2007.


View Dockets  
Summary: Petitioner failed to prove that the university or internship provider employed her, for jurisdiction under Section 760.10(1) and (4), Florida Statutes, or was an individual responsible for giving her an exam for licensure, under Section 760.10(5).

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8JANNEL CHERRINGTON, )

11)

12Petitioner, )

14)

15vs. ) Case No. 06 - 4648

22)

23BARRY UNIVERSITY )

26SNHS - ANESTHESIOLOGY, )

30)

31Respondent. )

33________________________________)

34JANNEL CHERRING TON, )

38)

39Petitioner, )

41)

42vs. ) Case No. 06 - 4650

49)

50WOLVERINE ANESTHESIA )

53CONSULTANTS, )

55)

56Respondent. )

58________________________________)

59RECOMMENDED ORDER

61Robert E. Meale, Administrative Law Judge of the Division

70of Adminis trative Hearings, conducted the final hearing in

79Orlando, Florida, on February 28, 2007.

85APPEARANCES

86For Petitioner: Andrea Bateman, Esquire

911999 West Colonial Drive

95Orlando, Florida 32804

98For Respondent Barry University SNHS - Anesthesiology:

105John A. Walker, General Counsel

110Barry University

112Division of Legal Affairs

116and Human Resources

119LaVoie Hal l, Office 209

12411300 Northeast Second Avenue

128Miami Shores, Florida 33161

132For Respondent Wolverine Anesthesia Consultants:

137Susan T. Spradley, Esquire

141Deborah L. La Fl eur, Esquire

147GrayRobinson, P.A.

149301 East Pine Street, Suite 1400

155Orlando, Florida 32801

158STATEMENT OF THE ISSUE

162The issue is whether either respondent bore a relationship

171to Petitioner, as described in Section 760.10, Florida Statutes,

180that confers jurisdiction upon the Florida Commission on Human

189Relations to investigate Petitioner's claims of racial

196discrimination under the Florida Civil Rights Act of 1992,

205Sections 760.01 - 760.11 and 509. 092, Florida Statutes.

214PRELIMINARY STATEMENT

216By Employment Complaint of Discrimination filed June 22,

2242006, Petitioner alleged that Respondent Barry University SNHS -

233Anesthesia discriminated against her, based on her race, by

242terminating her from a graduat e nursing program. By Employment

252Complaint of Discrimination filed June 22, 2006, Petitioner

260alleged that Respondent Wolverine Anesthesia Consultants

266discriminated against her, based on her race, by assigning her

276to a certified registered nurse anesthetis t longer than it

286assigned non - black students even though her skill average was

297well above average.

300On October 3, 2006, with respect to Respondent Barry

309University SNHS - Anesthesia, the Florida Commission on Human

318Relations entered a Notice of Determination : No Jurisdiction.

327The notice states that no employer - employee relationship existed

337between the parties. The notice states that Petitioner was a

347student intern in the graduate nursing program at Barry

356University, which placed her at Wolverine Anesthesio logy

364Consultants to complete the clinical portion of her graduate

373program. The notice states that Petitioner received no wages

382and was not the subject of a personnel file, tax documents, or

394other employee - related documentation. Based on "the lack of

404dire ct or indirect economic remuneration, or any promise of such

415to [Petitioner] by Respondent [Barry University SNHS -

423Anesthesia], the notice concludes that no employer - employee

432relationship existed. The notice cites as authority Llampallas

440v. Mini - Circuits , 163 F.3d 1236 (11th Cir. 1998) and O'Connor v.

453Davis , 126 F.3d 112 (2nd Cir. 1997).

460On October 31, 2006, with respect to Respondent Wolverine

469Anesthesia Consultants, the Florida Commission on Human

476Relations entered a Notice of Determination: No Jurisdic tion.

485The bases of the notice are the same as those set forth in the

499preceding paragraph.

501By Petition for Relief dated November 7, 2006, Petitioner

510alleged that Respondent Barry University SNHS - Anesthesiology

518discriminated against her, based on her race, by dismissing her

528from its graduate nursing program by evaluating her pursuant to

538more rigorous standards than it used to evaluate non - minority

549students. This petition commenced DOAH Case No. 06 - 4648.

559By Petition for Relief dated November 14, 2006, Pe titioner

569alleged that Respondent Wolverine Anesthesia Consultants

575discriminated against her, based on her race, by imposing more

585rigorous standards during her internship than it imposed upon

594non - minority students. This petition commenced DOAH Case No.

60406 - 4650.

607On December 5, 2006, the Administrative Law Judge entered

616an order consolidating the two cases. The Administrative Law

625Judge limited the evidence at hearing to the jurisdiction issue

635because the investigation of the Florida Commission on Human

644Rela tions was limited to the jurisdictional issue identified

653above.

654At the hearing, Petitioner called three witnesses and

662offered into evidence eight exhibits: Petitioner Exhibits 1 - 8.

672Respondents called one witness and offered into evidence 12

681exhibits: R espondents Exhibits 1 - 12. All exhibits were

691admitted.

692The court reporter filed the transcript on May 17, 2007.

702The parties filed Proposed Recommended Orders on May 29, 2007.

712FINDINGS OF FACT

7151. Petitioner has been a registered nurse licensed in

724Florida for 14 years. Her specialty is intensive care. Seeking

734advancement within the profession of nursing, Petitioner decided

742to pursue certification as a Certified Registered Nurse

750Anesthetist (CRNA).

7522. A CRNA has advanced training and education in

761anest hesia and passes a national certification examination,

769which is administered by neither Respondent. Upon passing the

778examination and meeting other requirements, an applicant is

786entitled to certification from the Council on Certification of

795Nurse Anestheti sts. After obtaining this certificate and

803completing other requirements, such as financial responsibility,

810the applicant is eligible for certification by the Florida Board

820of Nursing as an advanced registered nurse practitioner in

829anesthesiology, pursuant to Florida Administrative Code Rule

83664B9 - 4.002. In Florida, a CRNA is authorized to administer

847anesthesia in in - and out - patient settings and bears significant

859responsibilities for the safety of anesthetized patients.

8663. Petitioner enrolled at Barry U niversity to fulfill the

876educational requirements for certification. Barry University is

883a private institution headquartered in Miami Shores and is one

893of several institutions in Florida that offer a program to

903satisfy the educational requirements for CRN A certification.

9114. The 28 - month program at Barry University leads to a

923master of science degree in anesthesiology. A major component

932of the educational program is clinical practice. The clinical

941practice requires a student to perform clinical

948respons ibilities, under supervision, with an anesthesiology

955group. At the time in question, Barry University maintained

964relationships with different anesthesiology groups in most major

972urban areas in Florida.

9765. Petitioner began the Barry University program i n

985January 2005 and withdrew from the program in May 2006. She

996chose to take her clinical training in Orlando, where Wolverine

1006Anesthesia Consultants accepted Barry University students for

1013clinical practice. Wolverine Anesthesia Consultants served

1019various hospitals forming part of the Orlando Regional

1027Healthcare System. Petitioner began the clinical portion of the

1036program in May 2005.

10406. No cash is exchanged between Barry University and

1049Wolverine Anesthesia Consultants as part of the arrangement

1057describe d above. The obvious benefit for Barry University,

1066whose program is not inexpensive, is that Wolverine's

1074supervision of its students in the clinical practice allows

1083Barry to offer a comprehensive anesthesiology program that

1091qualifies its students to sit f or the CRNA examination.

11017. The obvious benefits to Wolverine Anesthesia

1108Consultants are access to newly certified CRNAs, who are in high

1119demand, and the ability to recruit the students likeliest to

1129excel within the profession. It is less clear, from t he present

1141record, if Wolverine is able to bill for the services of more

1153advanced students. From time to time, Wolverine provides Barry

1162with financial support, such as a stipend so that a financially

1173needy student may attend an out - of - town conference, as the

1186tuition charged by Barry does not cover the cost of the program

1198or incidental student costs.

12028. The economic relationship between the respondents is

1210only of relevance, however, in providing the background from

1219which to assess the economic relationship between the

1227respondents, on the one hand, and Petitioner -- and, more

1237specifically, the value that flows to Petitioner from one or

1247both respondents. Clearly, the educational and clinical

1254programs provide educational value, and potential economic

1261value, if and when certification is obtained, but, as explained

1271in the Conclusions of Law, the key question is what, if any,

1283economic value flows to Petitioner from either respondent during

1292her relationship with each respondent.

12979. Neither respondent paid Petitione r any income,

1305compensation, or other benefit, directly or indirectly. Neither

1313respondent ever provided Petitioner with an IRS W - 2 statement or

1325Form 1099, as evidence of payments to an employee or independent

1336contractor. She never received compensation of any type from

1345either respondent, nor did she receive an IRS Form 1099,

1355reflective of the payment of compensation to an independent

1364contract. Petitioner never received any other employment -

1372related benefits from either respondent, such as health

1380insurance or retirement benefits. Neither respondent provided

1387Petitioner with housing or a housing allowance. Wolverine did

1396not insure Petitioner on its medical malpractice insurance

1404policy. Neither respondent covered Petitioner under workers'

1411compensation.

141210. Wolverine Anesthesia Consultants required Petitioner

1418to sign her name on any anesthesia record pertaining to a case

1430in which she was involved. When Petitioner was required, due to

1441the needs of a particular patient, to work in excess of her

1453scheduled time, she was entitled, from Barry University, to

"1462comp time," which means only that she could receive credit for

1473the additional time worked when setting a subsequent schedule.

1482However, apart from a grant from Barry University as part of her

1494financial - aid pack age, Petitioner never received any financial

1504benefit from either respondent.

150811. In addition to the occasional stipend, which

1516Petitioner does not appear to have received, Wolverine

1524Anesthesia Consultants provided minor items, such as lunches for

1533meetings of the interns, which Petitioner may not have attended,

1543and $50 Christmas gift certificates to all interns, including

1552Petitioner. In no way does the record support an interpretation

1562of these minor acknowledgements or courtesies as compensation

1570because Wol verine is under no obligation to provide them, no

1581relationship exists between the recipient of the item and the

1591amount of time worked, and no relationship exists between the

1601value of the item or stipend and the amount of time worked by

1614the student receivin g the item or stipend.

162212. Although Barry University administers a comprehensive

1629test to all candidates for a master's degree in anesthesiology,

1639passage of which is required for a degree, Petitioner withdrew

1649from the program prior to the administration of this test. She

1660withdrew essentially due to reports from Wolverine to Barry

1669University that she had failed to make adequate progress in the

1680clinical program.

1682CONCLUSIONS OF LAW

168513. The Division of Administrative Hearings has

1692jurisdiction over the sub ject matter. §§ 120.569, 120.57(1),

1701and 760.11(7), Fla. Stat. (2006).

170614. Section 760.10, Florida Statutes, provides, in

1713relevant part:

1715(1) It is an unlawful employment practice

1722for an employer:

1725(a) To discharge or to fail or refuse to

1734hire any ind ividual, or otherwise to

1741discriminate against any individual with

1746respect to compensation, terms, conditions,

1751or privileges of employment, because of such

1758individual's race, color, religion, sex,

1763national origin, age, handicap, or marital

1769status.

1770(b) To limit, segregate, or classify

1776employees or applicants for employment in

1782any way which would deprive or tend to

1790deprive any individual of employment

1795opportunities, or adversely affect any

1800individual's status as an employee, because

1806of such individual's r ace, color, religion,

1813sex, national origin, age, handicap, or

1819marital status.

1821(2) It is an unlawful employment practice

1828for an employment agency . . ..

1835(3) It is an unlawful employment practice

1842for a labor organization . . ..

1849(4) It is an unlawful employment practice

1856for any employer, labor organization, or

1862joint labor - management committee controlling

1868apprenticeship or other training or

1873retraining, including on - the - job training

1881programs, to discriminate against any

1886individual because of race, color , religion,

1892sex, national origin, age, handicap, or

1898marital status in admission to, or

1904employment in, any program established to

1910provide apprenticeship or other training.

1915(5) Whenever, in order to engage in a

1923profession, occupation, or trade, it is

1929requ ired that a person receive a license,

1937certification, or other credential, become a

1943member or an associate of any club,

1950association, or other organization, or pass

1956any examination, it is an unlawful

1962employment practice for any person to

1968discriminate against any other person

1973seeking such license, certification, or

1978other credential, seeking to become a member

1985or associate of such club, association, or

1992other organization, or seeking to take or

1999pass such examination, because of such other

2006person's race, color, r eligion, sex,

2012national origin, age, handicap, or marital

2018status.

2019(6) It is an unlawful employment practice

2026for an employer, labor organization,

2031employment agency, or joint labor - management

2038committee to print, or cause to be printed

2046or published, any not ice or advertisement

2053relating to employment, membership,

2057classification, referral for employment, or

2062apprenticeship or other training, indicating

2067any preference, limitation, specification,

2071or discrimination, based on race, color,

2077religion, sex, national or igin, age, absence

2084of handicap, or marital status.

2089(7) It is an unlawful employment practice

2096for an employer, an employment agency, a

2103joint labor - management committee, or a labor

2111organization to discriminate against any

2116person because that person has op posed any

2124practice which is an unlawful employment

2130practice under this section, or because that

2137person has made a charge, testified,

2143assisted, or participated in any manner in

2150an investigation, proceeding, or hearing

2155under this section.

2158* * *

216115. The seven subsections address four different classes

2169of potential respondents: employers, employment agencies,

2175labor - related organizations, and persons involved in the

2184licensing/certification process. Section 760.10(2),(3), (6),

2190and (7) is inapplicable to these cases. Section 760.10(2) and

2200(3) pertains to employment agencies and labor organizations, and

2209neither respondent qualifies as these types of entity. Section

2218760.10(6) and (7) applies to employers, but describes activity

2227not of the type involved in these cases.

223516. The three subsections potentially at issue in this

2244case are Section 760.10(1), (4), and (5), but no jurisdiction

2254exists in these cases because neither respondent is an employer,

2264as is required for Section 760.10(1) and (5), and neither

2274respondent is a person described in Section 760.10(4).

228217. Section 760.02(7), Florida Statutes, defines

"2288employer" as any person employing at least 15 persons during a

2299specified period. Doubtlessly, each respondent satisfies this

2306de finition, but this does not mean that either respondent is the

2318employer of Petitioner. The problem for Petitioner is that

2327neither respondent is her employer. In general, the employer -

2337employee relationship requires that that the employer compensate

2345the em ployee for the latter's services.

235218. In O'Connor v. Davis , 126 F.3d 112 (2d Cir. 1997),

2363cert. denied , 522 U.S. 1114 (1998), the plaintiff was a college

2374student performing a required internship at a hospital approved

2383by her school. Because the internsh ip qualified as work - study

2395for financial aid purposes, the student's college paid her for

2405the work that she performed for the hospital. After being

2415subjected to behavior by a hospital employee that may have

2425constituted sexual harassment, the student sued, among others,

2433her college, the individual whom she accused of sexually

2442harassing her, and the hospital. Eventually, the sole defendant

2451among these three parties was the hospital.

245819. The O'Connor opinion notes that, prior to any

2467determination as to whet her an individual is an employee or

2478independent contractor, it is necessary first to determine if

2487the hospital "hired" the plaintiff for any purpose. The opinion

2497states:

2498Where no financial benefit is obtained by

2505the purported employee from the employer, n o

"2513plausible" employment relationship of any

2518sort can be said to exist because although

"2526compensation by the putative employer to

2532the putative employee in exchange for his

2539services is not a sufficient condition,

2545. . . it is an essential condition to the

2555ex istence of an employer - employee

2562relationship." Graves [v. Women's

2566Professional Rodeo Association], 907 F.2d at

257273. See also Neff v. Civil Air Patrol , 916

2581F. Supp. 710, 712 - 13 (S.D. Ohio, 1996);

2590Smith v. Berks Community Television , 657

2596F. Supp. 794, 796 ( E.D. Pa. 1987); cf .

2606Haavistola v. Community Fire Co. , 6 F.3d

2613211, 219 (4th Cir. 1993).

2618126 F.3d at 115 - 116.

262420. The O'Connor decision concludes that the plaintiff was

2633never hired by the hospital due to the absence of remuneration:

2644It is uncontested that O'Connor received

2650from [the hospital] no salary or other

2657wages, and no employee benefits such as

2664health insurance, vacation, or sick pay, nor

2671was she promised any such compensation. 1 [ 1

2680We reject O'Connor's claim that she was

2687compensated to the extent t hat she received,

2695through (the college), federal work study

2701funding for the hours of volunteer work

2708performed at (the hospital). Plainly, it was

2715(the college) -- not (the hospital) -- that

2723made these payments to O'Connor.] This case

2730thus differs from Haav istola v. Community

2737Fire Co. , in which the Fourth Circuit

2744considered whether a volunteer member of a

2751fire company was an employee for Title VII

2759purposes where "on the one hand, [plaintiff]

2766did not receive direct compensation as a

2773member of the Fire Company , but, on the

2781other hand, she did not affiliate with the

2789company without reward entirely." 6 F.3d

2795211, 221 (4th Cir. 1993). The court then

2803noted that the plaintiff received, through

2809her volunteer position, a state - funded

2816disability pension, survivors' be nefits for

2822dependents, scholarships for dependents upon

2827death or disability, group life insurance,

2833and several other benefits. See id. The

2840court concluded that the district court

2846granted summary judgment improvidently,

2850given that a factfinder should dete rmine

2857whether "the benefits represent indirect but

2863significant remuneration . . . or

2869inconsequential incidents of an otherwise

2874gratuitous relationship." Id. at 222.

287921. In Llampallas v. Mini - Circuits, Inc. , 163 F.3d 1236

2890(11th Cir. 1998), the court cited O'Connor with approval, noting

2900that statutory prohibitions against discrimination by an

2907employer against "any individual" necessarily require

2913discrimination against an employee or potential employee. 163

2921F.3d at 1242 - 43. The Llampallas court then declin ed to find

2934jurisdiction in a case in which the employer paid only $1000 to

2946an officer/director under ambiguous circumstances.

295122. In Pietras v. Board of Fire Commissioners , 180 F.3d

2961468 (2d Cir. 1999), the court found jurisdiction to hear

2971discrimination c laims of a volunteer firefighter when, by state

2981law, as a volunteer firefighter, she received retirement

2989benefits, life insurance, death benefits, disability insurance,

2996and some medical benefits.

300023. Under this authority, Petitioner was never hired by

3009e ither respondent. Thus, as to Petitioner, neither respondent

3018is an employer, so no jurisdiction exists under Section

3027760.10(1) and (4), Florida Statutes.

303224. The certification regime, which is described in the

3041Findings of Fact, is set forth in Florida A dministrative Code

3052Rule 64B9 - 4.002, which states, in part:

3060(1) In accordance with the provisions of

3067Section 464.012, F.S., any person who wishes

3074to be certified as an Advanced Registered

3081Nurse Practitioner shall submit an

3086application to the Department, on forms

3092prescribed by it, as incorporated in

3098subsection 64B9 - 4.004(1), F.A.C.,

3103demonstrating that the applicant holds a

3109current unencumbered license to practice

3114professional nursing in Florida.

3118(2) Applicant shall submit proof of

3124national advanced practic e certification

3129from an approved nursing specialty board.

3135After July 1, 2006, applications for

3141certification as an Advanced Registered

3146Nurse Practitioner pursuant to Section

3151464.012(3), F.S., shall submit proof of

3157national advanced practice certification

3161f rom an approved nursing specialty board.

3168(3) Professional or national nursing

3173specialty boards recognized by the Board

3179include, but are not limited to:

3185(a) Council on Certification of Nurse

3191Anesthetists, or Council on Recertification

3196of Nurse Anesthe tists, or their

3202predecessors.

3203* * *

3206(4) Those nursing specialty boards seeking

3212recognition by the Board shall meet the

3219following standard:

3221(a) Attests to the competency of nurses

3228in a clinical specialty area;

3233(b) Requ ires a written examination prior

3240to certification;

3242(c) Requires (and required at the time

3249of original certification) completion of a

3255formal program prior to eligibility of

3261examination;

3262(d) Maintains a program accreditation or

3268review mechanism that adheres to criteria

3274which are substantially equivalent to

3279requirements in Florida;

3282(e) Identifies standards or scope of

3288practice statements as appropriate for the

3294specialty.

3295(5) Pursuant to Section 456.048, F.S., all

3302ARNP’s shall carry malpractice in surance or

3309demonstrate proof of financial

3313responsibility. Any applicant for

3317certification shall submit proof of

3322compliance with Section 456.048, F.S. or

3328exemption to the Board office within sixty

3335days of certification or be in violation of

3343this rule. All certificateholders shall

3348submit such proof as a condition of biennial

3356renewal or reactivation. Acceptable

3360coverage shall include: . . ..

336625. Florida Administrative Code Rule 64B9 - 4.004(1)

3374describes the application to be submitted to the Florida Board

3384o f Nursing:

3387(1) A Registered Nurse applying for initial

3394certification as an Advanced Registered

3399Nurse Practitioner shall file with the

3405Department an “Initial Application for

3410Certification As An Advanced Registered

3415Nurse Practitioner,” Form DOH - NUR 105

3423(9/9 7), effective 4 - 5 - 00, incorporated

3432herein by reference, and available from the

3439Board office, and provide the Board with the

3447following:

3448(a) Documentation acceptable to the

3453Board that the educational program attended

3459meets the program guidelines stipulat ed in

3466subsections 64B9 - 4.003(1) and (2), F.A.C.

3473(b) Proof acceptable to the Board of

3480satisfactory completion of the educational

3485program which shall consist of:

34901. An official Registrar’s copy of

3496the applicant’s transcript shall be sent

3502directly to the Board from the school and

3510shall denote successful completion of the

3516formal post - basic program or awarding of the

3525masters’ degree in a nursing clinical

3531specialty.

35322. A verification form prescribed by

3538the Board submitted by the director of the

3546advanced nursing program indicating

3550successful completion with the official

3555school seal.

35573. Such other documentary proof which

3563evidences completion.

3565(c) If the applicant is required to be

3573nationally certified, one of the following

3579shall also be submitted:

35831. A notarized true and correct copy

3590of the original or recertification specialty

3596board certificate.

35982. Such other documentary proof which

3604evidences certification by an appropriate

3609specialty board.

36113. Verification from the s pecialty

3617association of certification.

362026. Under the facts and law concerning the process by

3630which a registered nurse becomes a CRNA, it is impossible to

3641assign to either respondent the status of a covered individual

3651under Section 760.10(5), Florida Stat utes. Although it is, of

3661course, unnecessary to find an employer - employee status to find

3672liability under a statute addressing discrimination in

3679licensing, neither respondent administered an examination

3685directly required for licensure. It is unclear that Wolverine

3694Anesthesia Consultants administered any tests. Obviously, Barry

3701University administers tests, including a comprehensive test at

3709the end of the master's program, but Petitioner could not claim

3720any discrimination in this test, as she never took it . More

3732generally, though, Section 760.10(5) is not applicable to

3740educational institutions whose degrees are necessary, but not

3748sufficient, conditions for licensure, any more than this statute

3757is applicable to universities, whose bachelor's degree may be a

3767necessary, but not sufficient, condition to becoming a nurse or

3777a physician. The same kind of reasonable interpretation of

"3786individual" recognized in Llampallas as to the employer - based

3796statutes must apply to the licensing - based statute. Section

3806760.10( 5) applies instead to entities more directly involved in

3816the licensing process -- in this case, the Council on

3826Certification of Nurse Anesthetists.

3830RECOMMENDATION

3831It is

3833RECOMMENDED that the Florida Commission on Human Relations

3841enter a final order dismiss ing the petitions of Petitioner in

3852these two cases.

3855DONE AND ENTERED this 1st day of June, 2007, in

3865Tallahassee, Leon County, Florida.

3869S

3870___________________________________

3871R OBERT E. MEALE

3875Administrative Law Judge

3878Division of Administrative Hearings

3882The DeSoto Building

38851230 Apalachee Parkway

3888Ta llahassee, Florida 32399 - 3060

3894(850) 488 - 9675 SUNCOM 278 - 9675

3902Fax Filing (850) 921 - 6847

3908www.doah.state.fl.us

3909Filed with the Clerk of the

3915Division of Administrative Hearings

3919this 1st day of June, 2007.

3925COPIES FURNISHED:

3927Denise Crawford, Agency Clerk

3931Florida Commission on Human Relations

39362009 Apalachee Parkway, Suite 100

3941Tallahassee, Florida 3 2301

3945Andrea Bateman, Esquire

39481999 West Colonial Drive

3952Orlando, Florida 32804

3955Cecil Howard, Agency Clerk

3959Florida Commission on Human Relations

39642009 Apalachee Parkway, Suite 100

3969Tallahassee, Florida 32301

3972Susan T. Spradley, Esq.

3976Deborah L. La Fleur, Esq.

3981GrayRobinson, P.A.

3983301 East Pine Street, Suite 1400

3989Orlando, Florida 32801

3992John A. Walker, General Counsel

3997Barry University

3999Division of Legal Affairs

4003and Human Resources

4006LaVoie Hall, Office 209

401011300 Northeast Second Avenue

4014Miami Shores, Florida 331 61

4019NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4025All parties have the right to submit written exceptions within

403515 days from the date of this recommended order. Any exceptions

4046to this recommended order must be filed with the agency that

4057will issue the final ord er in this case.

Select the PDF icon to view the document.
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Date
Proceedings
PDF:
Date: 04/14/2008
Proceedings: Order Declining Referral to Mediation filed.
PDF:
Date: 03/19/2008
Proceedings: Acknowledgment of New Case, DCA Case No. 5D08-805 filed.
PDF:
Date: 02/14/2008
Proceedings: Agency Final Order
PDF:
Date: 02/14/2008
Proceedings: Final Order Dismissing Petitions for Relief From an Unlawful Employment Practice filed.
PDF:
Date: 08/31/2007
Proceedings: Order Remanding Complaints of Discrimination to Commission`s Office of Employment Investigations for Investigations filed.
PDF:
Date: 08/30/2007
Proceedings: Agency Final Order
PDF:
Date: 06/18/2007
Proceedings: Exceptions to Recommended Order by Petitioner filed.
PDF:
Date: 06/01/2007
Proceedings: Recommended Order
PDF:
Date: 06/01/2007
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/01/2007
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 06/01/2007
Proceedings: Recommended Order (hearing held February 28, 2007). CASE CLOSED.
PDF:
Date: 05/29/2007
Proceedings: Petitioner`s Proposed Recommended Order filed.
PDF:
Date: 05/29/2007
Proceedings: Notice of Filing Petitioner`s Proposed Recommended Order filed.
PDF:
Date: 05/29/2007
Proceedings: Respondents` Barry University, Inc. and Wolverine Anesthesia Consultants, M.D., P.A., Joint Proposed Recommended Order filed.
PDF:
Date: 05/29/2007
Proceedings: Notice of Filing Respondents` Barry University, Inc. and Wolverine Anesthesia Consultants, M.D., P.A. Joint Proposed Recommended Order filed.
Date: 05/17/2007
Proceedings: Transcript (vol.1, 2) filed.
Date: 02/28/2007
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 02/28/2007
Proceedings: Respondent Jannel Cherrington`s Exhibits to the Deposition Transcript filed.
PDF:
Date: 02/28/2007
Proceedings: Deposition of Jannel Cherrington filed.
PDF:
Date: 02/28/2007
Proceedings: Respondents` Notice of Filing of Petitioner Jannel Cherrington`s Deposition Transcript and the Exhibits of the Deposition Transcript filed.
PDF:
Date: 02/28/2007
Proceedings: Condensed Transcript of the Deposition (of Steve Hoban) filed.
PDF:
Date: 02/28/2007
Proceedings: Respondents` Notice of Filing Mr. Steve Hoban`s Deposition Transcript filed.
PDF:
Date: 02/28/2007
Proceedings: Condensed Transcript of the Deposition (of Dr. Matthew Stewart) filed.
PDF:
Date: 02/28/2007
Proceedings: Errata Sheet (Dr. Matthew Stewart) filed.
PDF:
Date: 02/28/2007
Proceedings: Respondent`s Notice of Filing Deposition Transcript and Errata Sheet for Dr. Matthew Stewart filed.
PDF:
Date: 02/26/2007
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 02/21/2007
Proceedings: Petitioner and Respondents` Joint Pre-hearing Stipulation filed.
PDF:
Date: 02/20/2007
Proceedings: Amended Order Granting Continuance and Re-scheduling Hearing (hearing set for February 28, 2007; 9:30 a.m.; Orlando, FL).
PDF:
Date: 02/16/2007
Proceedings: Notice of Transfer.
PDF:
Date: 01/22/2007
Proceedings: Respondent, Wolverine Anesthesia Consultants, M.D., P.A.`s Objections and Responses to Matthew Stewart`s Deposition filed.
PDF:
Date: 01/22/2007
Proceedings: Respondent, Wolverine Anesthesia Consultants, M.D., P.A.`s Objections and Responses to Steven Hoban`s Deposition filed.
PDF:
Date: 01/19/2007
Proceedings: Respondents` Notice of Filing; Respondent`s, Wolverine Anesthesia Consultants, M.D., P.A. Request to Produce, Respondents` Joint Notice of Taking Deposition of Petitioner (of J. Cherrington) filed.
PDF:
Date: 01/11/2007
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 01/09/2007
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for February 28, 2007; 9:30 a.m.; Orlando, FL).
PDF:
Date: 01/08/2007
Proceedings: Motion for Continuance filed.
PDF:
Date: 01/08/2007
Proceedings: Notice of Transfer.
PDF:
Date: 01/08/2007
Proceedings: Respondents` Joint Response to Petitioner`s Motion for Continuance filed.
PDF:
Date: 01/08/2007
Proceedings: Respondents` Joint Response to Petitioner`s Motion for Continuance filed.
PDF:
Date: 01/05/2007
Proceedings: Order (Respondent`s Joint Motion for reconsideration of the Issue of this Division`s Notice of Hearing of Petitioner`s Petition for Relief is granted, and the issue, nunc pro tunc, is amended).
PDF:
Date: 01/05/2007
Proceedings: Pre-hearing Stipulation filed.
PDF:
Date: 01/04/2007
Proceedings: Respondents` Joint Prehearing Stipulation filed.
PDF:
Date: 12/29/2006
Proceedings: Amended Petitioners Witness List-Subpoena-Request for Subpoenas filed.
PDF:
Date: 12/28/2006
Proceedings: Petitioners Witness List-Subpoena filed.
PDF:
Date: 12/21/2006
Proceedings: Petitioner` Response to Respondent`s Motion to Dismiss filed.
PDF:
Date: 12/18/2006
Proceedings: Respondents` Joint Motion for Reconsideration of the Issue of this Division`s Notice of Hearing of Petition for Relief filed with exhibits.
PDF:
Date: 12/13/2006
Proceedings: Respondents` Joint Motion for Reconsideration of the Issue of this Division`s Notice of Hearing of Petition for Relief filed.
PDF:
Date: 12/11/2006
Proceedings: Respondent`s, Wolverine Anesthesia Consultants, M.D., P.A., Verified Answer and Affirmative Defenses to Petitioner`s Petition for Relief filed.
PDF:
Date: 12/11/2006
Proceedings: Letter to Judge Manry from G. Pridgen notifying DOAH of a change of address for J. Walker.
PDF:
Date: 12/11/2006
Proceedings: Answer and Affirmative Defenses of Respondent filed.
PDF:
Date: 12/08/2006
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 12/06/2006
Proceedings: Petitioner Response to Initial Order filed.
PDF:
Date: 12/05/2006
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 12/05/2006
Proceedings: Notice of Hearing (hearing set for January 11, 2007; 9:30 a.m.; Orlando, FL).
PDF:
Date: 12/05/2006
Proceedings: Order of Consolidation (DOAH Case Nos. 06-4648 and 06-4650).
PDF:
Date: 11/27/2006
Proceedings: Respondent`s Individual Response to the Initial Order filed.
PDF:
Date: 11/16/2006
Proceedings: Initial Order.
PDF:
Date: 11/16/2006
Proceedings: Employment Complaint of Discrimination fled.
PDF:
Date: 11/16/2006
Proceedings: Notice of Determination: No Jurisdiction filed.
PDF:
Date: 11/16/2006
Proceedings: Determination: No Jurisdiction filed.
PDF:
Date: 11/16/2006
Proceedings: Petition for Relief filed.
PDF:
Date: 11/16/2006
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
ROBERT E. MEALE
Date Filed:
11/16/2006
Date Assignment:
02/27/2007
Last Docket Entry:
04/14/2008
Location:
Orlando, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (7):