17-005340 Ka&Apos;Juel Washington vs. Florida A And M University Board Of Trustees
 Status: Closed
Recommended Order on Wednesday, May 30, 2018.


View Dockets  
Summary: Petitioner failed to prove he was discriminated against; Recommend dismissal of the allegation. Petitioner's employment was terminated for misconduct and incompetence.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8KA'JUEL J. WASHINGTON,

11Petitioner,

12vs. Case No. 17 - 4950

18FLORIDA A AND M UNIVERSITY

23COLLEGE OF LAW,

26Respondent.

27_______________________________/

28KA'JUEL WASHINGTON,

30Petitioner,

31vs. Case No. 17 - 5340

37FLORIDA A AND M UNIVERSITY BOARD

43OF TRUSTEES,

45Respondent.

46_______________________________/

47RECOMMENDED ORDER

49An evidentiary hearing was conducted on January 24 and 25,

59and February 26 and 27 , 2018, by video teleconfer ence with sites

71in Orlando and Tallahassee, Florida, before Administrative Law

79Judge Lynne A. Quimby - Pennock of the Division of Administrative

90Hearings (DOAH).

92APPEARANCES

93For Petitioner: Jerry Girley, Esquire

98The Girley Law Firm

102125 East Marks Street

106Orlando, Florida 32803

109Ka'Juel Washington, Esquire

112The Washington Trial Group, PLLC

11737 North Orange Avenue , Suite 500

123Orlando, Flo rida 32801

127For Respondent s : Maria A. Santoro, Esquire

135Teresa Cooper Ward, Esquire

139Dennis, Jackson, Martin & Fontela, P.A.

1451591 Summit Lake Drive , Suite 200

151Tallahassee, Florida 323 17

155STATEMENT OF THE ISSUE S

160The issues in this case are:

1661) whether Petitioner, KaÓJuel Washington, was subject to

174discrimination by the Florida A & M University College of Law

185(FAMU - COL) on the basis of race, color, sex, or age, 1/ and, if so,

201what remedy is appropriate; and

2062) whether the Florida A & M University Board of Trustees

217(FAMU - BOT) wrongly terminated Petitioner Ós employment. 2/

226PRELIMINARY STATEMENT

228Discrimination Allegation

230On March 6, 2017, Petitioner filed an employment complaint

239of discrimin ation with the Florida Commission on Human Relations

249(FCHR) against the FAMU - COL . In the complaint , Petitioner

260alleged that he was (as of March 6, 2017) a 41 - year - old African -

277American , who worked for the FAMU - COL between November 2006 and

289June 2016. 3/ Pe titioner alleged that he Ðwas discriminated

299against by a female dominated department because [he was] a dark -

311skinned, African - American, heterosexual Christian male.Ñ

318Petitioner Ós complaint also alleged that a female adjunct

327instructor, who had less experi ence than he, was awarded a

338contract to work the summer 2016 schedule while he was not, and

350that he Ðwas terminated from [his] job for these reasons.Ñ

360FCHR conducted an investigation, after which it issued its

369determination of no reasonable cause on Augu st 25, 2017, finding

380that Ðthe facts and evidence as set forth . . . do not support

394the [ Petitioner Ós] allegation , Ñ and Petitioner Ðdid not provide

405any credible evidence to prove that he was subjected to different

416terms and conditions of employment based o n his race, sex, age

428and religion.Ñ

430On September 1, 2017, Petitioner timely filed a Petition for

440Relief (Petition) with FCHR. The Petition contained the

448following handwritten response to the request for a concise

457statement of the ultimate facts alleged:

463The Ultimate Facts will Demonstrate That The

470Petitioner was subjected to unlawful

475Discrimination in violation of Chapter 760 of

482The Florida Statutes. The Petitioner was

488removed from The Summer Teaching Schedule and

495replace d by a Female of Indian decent [ sic ] .

507The Petitioner was also issued undue

513reprimands and ultimately terminated for

518alleged poor performance and unauthorized

523outside employment. The Petitioner actually

528had permission to work an outside job, but he

537never did so until his employment with the

545Respondent was interrupted. Additionally,

549the Petitioner was admonished for not

555attending a ÐVoluntaryÑ event which took

561place on the day he normally attended

568Christian religious services.

571Petitioner was asked which Florida Statute he alleged FAMU -

581COL had violated. A check mark designated the ÐFlorida Civil

591Rights Act of 1992, as Amended.Ñ Petitioner provided the

600explanation of how the alleged facts related to the specific

610Florida Statute:

612The Facts Delineated in Paragraph #5 State

619violations of the Law based upon, Gender

626race, Color, XXXX and AGE.

631FCHR timely referred the matter to DOAH for assignment of an

642Administrative Law Judge to conduct all necessary proceedings.

650This case was assigned DOAH C ase No. 17 - 4950.

661Termination Allegation

663By let ter dated June 15, 2016, the FAMU - BOT notified

675Petitioner that his employment with the FAMU Î COL was terminated,

686immediately. The termination action was taken against Petitioner

694for his Ðmisconduct in the workplace as well as incompetence in

705the exercise o f [his] duties as an employee of FAMU.Ñ Attached

717to the two - page termination letter were approximately 60 pages of

729university memoranda in support of the action.

736On September 18, 2017, following the completion the FAMU - BOT

747ÐStep 1Ñ and ÐStep 2Ñ grievanc e procedures , Petitioner filed a

758ÐStep 3 Request for Hearing pursuant to FAMU Regulations 10.206.Ñ

768One week later, Florida A & M University (FAMU) President Larry

779Robinson 4/ referred the matter to DOAH for an administrative

789hearing. This case was assigne d DOAH C ase No. 17 - 5340.

802Consolidated Cases

804On October 23, 2017, counsel for Respondent s FAMU - COL and

816FAMU - BOT, filed a motion to consolidate and continue the final

828hearing in both DOAH cases. Following a telephonic motion

837hearing, both motions were grant ed and the case was scheduled for

849a two - day hearing beginning January 24, 2018.

858Prior to the hearing, Respondent s filed a Pre - hearing

869Statement which offered six points on which Respondent s thought

879there would be agreement. Those six points were discuss ed at the

891start of the hearing, and with a modification to two of the

903statements, both parties agreed to the statements. To the extent

913the statements are relevant , they are incorporated in the

922findings below.

924At the final hearing, Petitioner testified on his own behalf

934and also presented the testimony of Ann Marie Cavazo s, professor

945of law and former d irect or of the Clinics at FAMU - COL;

959Angela Felecia Epps, professor of law and former d ean of the

971FAMU - COL; Leroy Pernell, professor of law, former d ean of t he

985FAMU - COL and its Interi m Dean; Marcella David, former p rovost of

999FAMU and current professor of law; Maritza Reyes, professor of

1009law at the FAMU - COL; and Andrew Ladores, Esquire. Petitioner Ós

1021Exhibits 1, 2, 5, 6, 8, 14, 16, 19, 23, and 32 were admitted into

1036evidence.

1037In addition to former Provost David , Professor Cavazos,

1045Professor Epps, and Dean Pernell, Respondent s called

1053David Hamilton Jackson, Jr., Ph.D., professor of history,

1061Associate Provost for Graduate Education and Dean of the FAMU

1071School of Graduate Studies and Research; Cynthia Hughes Harris,

1080Ph.D., professor and Dean of the FAMU School of Allied Health

1091Services; Mildred Graham, director of Advancement and Alumni

1099Affairs at FAMU; and Ashley Rawlings Boatwright, Esquire.

1107Respondent s Ó Exhibi ts 1, 2, 5, 7 through 12, 14 through 16,

112120 through 24, 28 through 31, 33 through 36, 38, 41, 46, 51, and

1135the deposition testimony of Ashley Rawlings Boatwright were

1143admitted in evidence. Respondent s Ó Exhibits 25 and 26 were

1154offered , with their admissibil ity taken under advisement. At

1163this time, those two exhibits are admitted.

1170At the conclusion of the hearing, the deadline for the

1180parties to file proposed recommended orders (PROs) was discussed.

1189The parties were informed the deadline, provided by rul e, is ten

1201days after the transcript is filed at DOAH. Petitioner requested

1211additional time, and Respondent s did not object. The PRO

1221deadline was established at 30 days after the filing of the

1232complete transcript.

1234The Transcript of the hearing was filed o n three separate

1245days: February 12 and 28, and March 26, 2018. On March 26,

12572018, Petitioner filed a request for extension of time to file

1268findings of fact and conclusion of law without complying with

1278Florida Administrative Code Rule 28 - 106.204(3). The request for

1288an extension of the PRO deadline was denied at that time.

1299Respondent s timely filed their PRO, which has been considered in

1310the rendering of this Recommended Order. To date Petitioner has

1320not filed a PRO.

1324FINDING S OF FACT

13281. Petitioner is an African - American male, whose date of

1339birth is November 27, 1975. Petitioner graduated from the FAMU -

1350COL in 2005.

13532. Petitioner was an i nstructor at the FAMU - COL Legal

1365Clinics (Clinics) from October 2009 to May 2016. Petitioner was

1375not tenured and was not tenure seeking at the FAMU - COL.

1387Petitioner Ós last contract with the FAMU - COL was executed in

1399May 2015 for employment from August 3, 2015 to May 6, 2016.

14113. University Professor Cavazos was the director of the

1420Clinics.

14214. University Professor Per nell was dean of the FAMU - COL

1433from 2008 to 2015. During the hearing, Dean Pernell was serving

1444as the FAMU - COL interim dean.

14515. University Professor Epps 5/ became d ean of the FAMU - COL

1464in January 2016. As she was preparing for her new position,

1475Dean Epps made it known that she wanted to have one - on - one

1490meetings with each faculty member. She prefers to meet members

1500of the faculty in their own office environment because that can

1511give her a sense of each person.

15186. Petitioner began preparing a power - poin t presentation

1528and a 15 - page ÐAnnual ReportÑ about the Clinics on November 10,

15412015. At no time between November 10th and when he made his

1553presentation to Dean Epps, did Petitioner discuss its contents

1562with his supervisor, Director Cavazos.

15677. As he was preparing the power - point presentation and

1578report, Petitioner contact ed Ms. Graham, the director of

1587A dvancement and A lumni A ffairs. Ms. Graham manages and handles

1599all FAMU - COL public relations, media relations, fundraising

1608(including restricted and unrest ricted endowment funds),

1615development, support, advancement activities and special events.

1622In response to a request by Petitioner , Ms. Graham determined

1632that she was not able to provide him with information on all

1644donors, gifts, contributions, endowments o r grants made to the

1654FAMU - COL.

16578. In 2005, the Walt Disney World Company (Disney) pledged

1667$250,000 to the FAMU - COL. The goal of this endowment was to

1681support a pro bono legal clinic created to serve indigent

1691children, youth and family legal issues. The FAMU president at

1701the time of the endowment determined to use the money to endow a

1714professorship. Disney fulfilled its pledge in three years, and

1723the money has been invested since its receipt. Although Disney

1733was asked by the FAMU - COL if it could use the endowment in a

1748different way, no money has been spent from the Disney endowment.

1759The endowment has not been misused or misappropriated.

17679. Petitioner reached out to Dean Epps and scheduled an

1777appointment with her shortly after she began her tenure as d e an.

1790Petitioner did not schedule the appointment for his own office,

1800but instead set up in a FAMU - COL classroom. Petitioner spread a

1813tablecloth with the FAMU logo on a table, along with a mug, a

1826bottle of water, a pad of paper and a pen for Dean Epps.

1839Pe titioner Ós presentation included information about what legal

1848clinics were offered, clinical instructors, other personnel, the

1856ClinicsÓ expenses, clients, grants, funding, student enrollment,

1863student jobs and Petitioner Ós C urriculum V itae with his contact

1875information.

187610. Dean Epps thought Petitioner was Ðauditioning for the

1885Clinic directorÓs positionÑ which confused her because she did

1894not know that Dir ector Cavazos was leaving.

190211. Immediately after Petitioner Ós presentation, Dean Epps

1910attended the FA MU - COL school faculty function where she was to

1923see the Clinics Ó setting and meet ÐeveryoneÑ : instructors;

1933adjuncts; and the Fellows. 6/ After the function, Dean Epps told

1944Director Cavazos of Petitioner Ós presentation (including the

1952tablecloth and mug) an d inquired of Director Cavazos if she were

1964leaving. Director Cavazos replied Ðnot that IÓm aware of. At

1974least not this moment.Ñ

197812. Director Cavazos then told Dean Epps that she was

1988unaware of Petitioner Ós presentation to her, and had never seen

1999it. D ean Epps provided a copy of Petitioner Ós presentation to

2011Director Cavazos .

201413. Director Cavazos had seen Petitioner enter the FAMU - COL

2025school faculty function and noticed he had the FAMU tablecloth

2035under his arm. When Director Cavazos asked Petitioner ab out his

2046use of the tablecloth, Petitioner responded that he was

2055recruiting students to the Clinics program.

206114. Shortly after the FAMU - COL school faculty function,

2071Dean Epps provided Petitioner with a memo regarding his

2080responsibilities to the Clinics. Dean EppsÓ management style was

2089different than the prior FAMU - COL administrat or . Her memo was

2102intended to facilitate Petitioner and Director Cavazos working

2110together, and to instill a Ðchain of commandÑ structure. Dean

2120EppsÓ memo directed Petitioner to m eet with his supervisor,

2130Director Cavazos , to discuss his responsibilities, and to follow

2139Director Cavazos Ó directives on the ClinicsÓ operations and

2148programs. Dean Epps appreciated Petitioner Ós work in putting

2157together the report and power - point presenta tion, but found the

2169presentation to be inappropriate and unprofessional in light of

2178Petitioner Ós failure to work with Director Cavazos. Dean Epps

2188expressed her preference that Petitioner needed to talk with

2197Director Cavazos prior to bringing any other sug gestions to her

2208attention.

220915. Petitioner acknowledged the chain of command structure

2217in a response memo to Dean Epps on January 14, 2016. However,

2229Petitioner qualified his response during the hearing by saying he

2239was aware of what the chain of command meant in the military, but

2252not in the legal profession. Petitioner Ós testimony is

2261unpersuasive.

226216. Early in the FAMU - COL spring 2016 term, Director

2273Cavazos became aware that Petitioner had unilaterally changed the

2282class meeting time of the Homelessness and Legal Advocacy Clinic

2292(HLAC) from an evening class to a late morning - noon class time.

2305For the entire time that Petitioner had been the HLAC instructor

2316(2009 - 2016), the HLAC was designated as an evening clinic to

2328accommodate evening students. This de signation is a requirement

2337of the American Bar Association (ABA), in that evening students

2347must have the same opportunity as day students for experiential

2357learning. In previous terms, the HLAC met on Monday evenings

2367from 6:00 p.m. to 7:40 p.m. On Tuesday through Thursday

2377evenings, the students and Petitioner went to local shelters or

2387other organizations to conduct intake interviews and speak with

2396the HLACÓs clients.

239917. Petitioner explained that it was his ÐintentÑ to

2408accommodate one student who wanted to take the HLAC, when he

2419changed the class time. Petitioner admitted that changing the

2428class time was the first time he had done so, because Ðevery

2440other time it was the same time as the schedule stated.Ñ

2451Petitioner testified that there were no evening students in the

2461HLAC that semester and the three full - time students would have to

2474vote unanimously to change the class meeting time. Petitioner

2483contradicted his own testimony when he testified he changed the

2493class time and then testified the students had to vote

2503unanimously to change the class time. Petitioner Ós testimony is

2513not credible.

251518. A meeting was held with Petitioner , Director Cavazos ,

2524and Associate Dean Bullard. No testimony was provided that the

2534evening intake interviews, i.e. , the time in w hich to speak with

2546HLACÓs clients , was altered, nor was it clear exactly when the

2557HLAC actually met during the spring 2016 semester. Because many

2567of the HLACÓs clients were homeless, speaking to them during the

2578evening was feasible, but difficult. Speaki ng to the HLACÓs

2588clients during the day was nearly impossible, as no one ever knew

2600where the clients could be found.

260619. Director Cavazos issued a Notice and Warning of

2615Unprofessional Conduct to Petitioner on January 15, 2016.

2623Director Cavazos took this action because Petitioner had lied to

2633her, the power - point h e presented to Dean Epps was not accurate,

2647and the report suggested that he had the authority and

2657information to present such information. Director Cavazos also

2665expressed concern with Petitioner Ós unilaterally changing the

2673HLAC schedule and the possible impact that could hav e on the

2685schoolÓs ABA status.

268820. In February 2016, then Provost David 7/ issued a memo to

2700Dean Epps regarding the U niversityÓs Ð2016 - 2017 Reduction Plan.Ñ

2711The memo dealt w ith the financial situation of the FAMU - COL, and

2725what steps were to be taken to reduce the law schoolÓs

2736expenditures. Based on enrollment, Dean Epps determined that

2744only two summer Clinics would be offered.

275121. Once the FAMU - COL summer Clinics course off erings were

2763published, Petitioner noticed that the HLAC was not offered. A

2773meeting was held with Petitioner , Director Cavazos, Associate

2781Dean Bullard, and Dean Epps. At that time Petitioner was told of

2793the budget issues and that only two C linics were goi ng to be

2807offered that summer , neither of which would be the HLAC .

281822. Several weeks later, Director Cavazos requested that a

2827third clinic be added to the summer 2016 course offering, a

2838Guardian Ad Litem Clinic (GALC). Director Cavazos provided

2846compelling reasons to continue the GALC through the summer, and

2856the GALC was added. The adjunct professor, who was already

2866handling the GALC and was immersed in the on - going six cases,

2879remained to teach the course and continue working those cases to

2890completion.

289123. In preparation for the summer term without the HLAC,

2901the current cases were to be handed over to the Fellows.

2912Petitioner was aware of this plan.

291824. Despite knowing that the Fellows were to get HLACÓs

2928cases, on April 8, 2016, Petitioner e - mailed Direct or Cavazos a

2941substitution of counsel draft, inserting her name as the

2950attorney of record in all the HLACÓs pending cases.

295925. On April 9, 2016, Director Cavazos responded to

2968Petitioner that the semester had not ended and there w ere to be

2981additional dis cussions with the Fellows about the cases that

2991were to be transferred to them. Director Cavazos contacted

3000Petitioner and attempted to obtain case status reports on all of

3011the transferring cases by April 13, 2016. Director Cavazos

3020planned to meet with all the Fellows and university staff

3030involved in the transfer.

303426. Petitioner advised Director Cavazos that he had

3042provided information on all of the cases through attachments to

3052the e - mail, and that each client had a memo in their file in

3067CLIO. 8/

306927. Dir ector Cavazos responded that the information

3077Petitioner provided was not helpful for determining the current

3086status of each case, and that she needed an overview of each of

3099the 17 cases. Director Cavazos provided a time for a meeting

3110with the Fellows to o ccur two days later , on April 13, 2016.

312328. On April 13, 2016 , a meeting was held with Petitioner ,

3134the Fellows, Professor Caussade - Garcia, and Director Cavazos.

3143This meeting was to discuss the multiple HLAC cases that needed

3154to be transferred to the Fell ows for the summer term. The

3166intention was for Petitioner to return for the fall semester and

3177resume any remaining cases.

318129. During this meeting or shortly thereafter , Director

3189Cavazos learned the HLACÓs client files that were to be

3199transferred to the F ellows were not complete per the ClinicsÓ

3210policy and procedure for file maintenance. Some HLACÓs client

3219file documentation was in CLIO; however , not all of the HLACÓs

3230client files had the requisite paper or hard copies. Petitioner

3240expressed that he did n ot have paper files, but had notes about

3253each case. Additionally, Director Cavazos first learned that

3261Petitioner had an auto negligence case within the HLAC. These

3271types of cases are outside the HLAC (and the Clinics) practice

3282parameters. 9/

328430. The lo n g - standing FAMU - COL clinical program policy is

3298to educate law students on the appropriate method to maintain

3308client files, both in hard copy and electronically. The

3317ClinicsÓ policy and procedure manual (which encompasses the

3325HLAC) details that each clien t file is to be maintained in a

3338six Î section file folder that makes it easy for the next student,

3351instructor, or Fellow to know the case status. Th e ClinicsÓ

3362client files are not to be removed from the C linic, unless the

3375matter is scheduled for a mediation , deposition or court

3384appearance.

338531. At the meeting or shortly thereafter, Petitioner

3393acknowledged that he would update the HLACÓs client files.

340232. On April 18, 2016, Dean Epps advised Petitioner that

3412she was not recommending Petitioner be given a te rminal

3422contract 10/ for the 2017 - 2018 academic year. Dean Epps advised

3434Provost David, Professor Bullock, and Director Cavazos of her

3443decision. Dean Epps had a priority on experiential learning,

3452and although there was a need to reduce expenses for the law

3464school, she believed the FAMU - COL needed more not less full - time

3478clinical instructors. She directed Petitioner to take the

3486necessary steps to ensure that the HLACÓs cases were covered for

3497the summer by the Fellows. Dean Epps reiterated that her

3507leadershi p style was d ifferent than prior administrators , and

3517requested that Petitioner first consult with Director Cavazos

3525before seeking others input.

352933. On April 27, 2016, another meeting was held with

3539Petitioner , Director Cavazos , and the Fellows, and there w ere

3549still incomplete HLAC client files.

355434. Ms. Boatwright, one Fellow who was taking on cases

3564from Petitioner for the 2016 summer, provided Petitioner and

3573Director Cavazos a draft notice of appearance (NOA) for the

3583multiple cases that were to be transf erred to the Fellows.

3594Petitioner responded that he thought the NOA Ðshould work.Ñ

360335. Further, Ms. Boatwright did a comprehensive review of

3612the HLACÓs client files that were transferred to the Fellows.

3622She determined that there were multiple HLAC client case files

3632that were incomplete and had not been updated to a current

3643status. She also discovered that court hearings had recently

3652been set in a few cases, but that no work had been done on the

3667files in months. Other HLAC client files were missing manda tory

3678disclosure items. In yet another case, nine months had elapsed

3688since the clientÓs documents were ready to be filed, but were

3699not.

370036. Ms. Boatwright compared the HLACÓs client files to the

3710Orange County Clerk of Court dockets and was able to determ ine

3722what was missing from the HLAC files. She reconstructed the

3732HLACÓs client files and determined the status of those cases.

374237. On May 5, 2016, Director Cavazos issued a written

3752reprimand to Petitioner . This reprimand reiterated the January

3761issue s reg arding Petitioner Ós unilateral change to the

3771designated HLAC class meeting time, and Petitioner Ós meeting

3780with Dean Epps without sharing the power - point presentation and

3791ÐAnnual ReportÑ with Director Cavazos prior to that meeting.

3800The reprimand included t hat Director Cavazos had also determined

3810that Petitioner had ceased going to the HLAC night intake

3820locations. Director Cavazos re - established the intake schedules

3829for the HLAC.

383238. The reprimand included that in preparing for

3840Petitioner Ós summer sabbat ical, Director Cavazos had met with

3850Petitioner and discovered that he was not maintaining HLAC

3859client files according to the ClinicsÓ policy and procedures.

3868Director Cavazos included a list of the cases that were

3878incomplete for the transfer to the Fellows . The reprimand also

3889suggested a possible violation of university regulations

3896regarding Petitioner Ós opening of his own law practice, of which

3907Director Cavazos was unaware.

391139. Director Cavazos requested that an exit meeting needed

3920to be held to discuss the transfer of the HLACÓs files to the

3933Fellows prior to Petitioner Ós last day. Late on May 6, 2016,

3945Petitioner delivered the transferring files to a FAMU - COL

3955assistant. The FellowÓs received the files on Monday, May 9 ,

39652016 . Petitioner Ós nine - month con tract with the FAMU - COL ended

3980on May 6, 2016.

398440. Petitioner informed Director Cavazos of one HLAC

3992client who requested a copy of her file. Ms. Boatwright

4002discovered that the client had made the request for her file a

4014month earlier, and Petitioner had fa iled to respond to the

4025request.

402641. Petitioner admitted during the hearing that on May 10,

40362016, four days after his annual contract ended, he sent the

4047following letter, using outdated FAMU stationary, to 17 HLAC

4056clients:

4057Dear [Name obliterated]

4060This lett er is being sent to advise you that,

4070as of next week, I will be setting your case

4080for hearing on a Motion to Withdraw. So, you

4089will soon be without legal representation.

4095My contract with the FAMU Clinics Department

4102has expired and will not be renewed unt il

4111August 2016. In the meantime, the Clinical

4118Director, Ann Marie Cavazos, was supposed to

4125arrange for you to have legal representation.

4132Unfortunately, no notices have been filed

4138with the clerk of court on your behalf.

4146If you have any questions, comment s or

4154concerns about your lack of legal

4160representation on such short notice, please

4166contact:

4167Ann Marie Cavazos, Clinical Director

4172Phone: (407)254 - 4000

4176Email: Ann.cavazos@famu.edu

4178If you find that she is unresponsive and

4186difficult to get a hold of, you may want to

4196contact her direct supervisors:

4200Dean Bullock

4202Phone: (407) 254 - 3257

4207Email: Joan.Bullock@famu.edu

4209Dean Epps

4211Phone: (407) 254 - 3204

4216Email: Felecia.Epps@famu.edu

4218This concludes the extent of our

4224representation of you regarding this matter.

4230It is the policy of the clinic to keep all

4240files on record for a period of six (6) years

4250before destroying them.

4253Sincerely,

4254/s/ KaÓJuel J. Washington

4258KaÓJuel J. Washington

4261Attorney & Counselor At Law

426642. On May 17, 2016, Dean Epps contacted Petitioner via

4276e - mail. Dean Epps had read Director CavazosÓ written reprimand,

4287and requested that Petitioner complete an out side employment form

4297and return it as soon as possible. Dean Epps included a copy of

4310the applicable University Regulation and a form for Petitioner Ós

4320use.

432143. Petitioner responded within several hours to Dean Epps

4330request. Petitioner provided that he Ðf iled [sic] out, submitted

4340[the form] and [it was] approved around May of 2015.Ñ

435044. On May 19, 2016, Dean Epps responded to Petitioner and

4361again asked for an updated outside employment form, as the two

4372forms 11/ she found were not current. One form relate d to

4384Petitioner Ós run for public office in the fall of 2015, and the

4397second for consulting work he would be performing for the

4407Washington Trial Group PLLC (WTG). Dean Epps requested a

4416description of the nature of the work to determine if there was

4428any ove rlap between the Clinic sÓ clients and clients of WTG.

4440Dean Epps made a second request that the outside employment form

4451be returned as soon as possible. Petitioner did not respond to

4462Dean EppsÓ second request nor did he file a current outside

4473employment f orm.

447645. Petitioner maintained that he had the authority from

4485Dean Pernell to engage in the consulting work. Petitioner

4494readily admitted that his outside employment form was for the

4504WTG, his Ðlaw firm.Ñ Petitioner intended to open his own small

4515private solo practice, yet he stated the nature of the employment

4526was Ðconsulting , Ñ and he failed to provide an employment

4536ÐBeginning DateÑ or an ÐEnding Date.Ñ 12/

454346. Director Cavazos is a member of her husbandÓs LLC ,

4553entitled Voice by John (Voices). Director Cavazos does not

4562receive any remuneration from her position in the Voices

4571corporation, and there is no potential for a conflict of interest

4582with the Clinics. 13/ PetitionerÓs Exhibit 32 was admitted over

4592objection. This exhibit is a hearsay document upon which no

4602direct testimony from Professor Bullard was taken. As such, no

4612finding of fact will be found based upon PetitionerÓs Exhibit 32.

462347. On May 24, 2016, Director Cavazos issued another

4632written reprimand regarding Petitioner . This reprimand

4639encomp assed: the April 8 , 2016, e - mail from Petitioner which

4651included the draft notice of substitution of counsel to the

4661Director; the discovery that Petitioner had an auto negligence

4670case, which is outside the HLAC Ós practice area; Petitioner Ós

4681failure to ensu re the transferred cases were complete and up - to -

4695date; PetitionerÓs failure to provide a client with a copy of

4706their case file when requested; the use of outdated letterhead

4716for letters to HLAC clients; and the sending of a

4726ÐdisengagementÑ letter when the clients were still being

4734represented by the HLAC .

473948. On May 25, 2016, Dean Epps requested Petitioner Ós

4749contract with the FAMU - COL be terminated. Dean Epps included

4760the written documentation to support her request.

476749. Prior to issuing the dismissal l etter, Provost David

4777requested information regarding the appropriate university

4783procedures for such action, reviewed the documentation provided

4791to her regarding Petitioner Ós circumstances, and reviewed

4799elements of Petitioner Ós personnel file. Following he r

4808thoughtful consideration, Provost David dismissed Petitioner by

4815letter dated June 15, 2016. The letter provided that the

4825dismissal was based on his Ðmisconduct in the workplace as well

4836as incompetence in the exercise of [his] duties as an employee

4847of FA MU.Ñ The letter also included memoranda in support of the

4859decision. Petitioner was 40 years old when he was terminated.

486950. Following his receipt of the employment termination

4877letter, Petitioner believed he had the right to file a FAMU

4888grievance challen ging his dismissal. The grievance alleged

4896Petitioner was terminated for: blowing the whistle on some

4905negligent FAMU - COL practices; documentation for his termination

4914started after Petitioner met with Dean Epps in January 2016;

4924discrimination or harassment by Director Cavazos; and his

4932outside employment. In the grievance, Petitioner did not allege

4941any discrimination or harassment based on religion, age, color,

4950or race. Petitioner sought r emov al of the reprimands from his

4962personnel file, reinstatement to h is clinical instructor

4970position, and receipt of back pay and other benefits; and that

4981Director Cavazos, Dean Epps and other FAMU - COL employees not

4992retaliate against him.

499551. Petitioner was afforded the Step 1 grievance process

5004by FAMU. In the Step 1 pro cess, FAMU Associate Provost Jackson

5016(Mr. Jackson) examined the facts as he could ascertain them.

5026This included reviewing the written records, talking to people

5035involved in the process, and specifically talking with

5043Petitioner . During the Step 1 process, Petitioner alleged he

5053was terminated for blowing the whistle on Director Cavazos and

5063there was collusion between Director Cavazos and Dean Epps to

5073get rid of Petitioner from the FAMU - COL. In September 2016,

5085Petitioner submitted a 15 - page response to a re quest by

5097Mr. Jackson. Petitioner Ós response did not mention

5105discrimination based on race, color, sex, religion or age as

5115part of his Step 1 grievance.

512152. In order to understand the sequence of events,

5130Mr. Jackson compiled the information in date orde r to scrutinize

5141the actions taken. Mr. Jackson determined that Petitioner

5149committed misconduct in the workplace and incompetence in the

5158performance of his duties as a FAMU - COL employee when Petitioner

5170failed to follow a variety of the C linics Ó policies, o pened his

5184own private law firm without proper approval, and sent letters

5194with misinformation to 17 HLAC clients.

520053. Mr. Jackson pointed out that if Petitioner Ós contract

5210with the FAMU - COL had expired, Petitioner Ðshould not have been

5222communicating at al l with the clients.Ñ Further, the letters

5232contained misinformation that could have harmed the reputation

5240of the FAMU - COL.

524554. After reviewing Petitioner Ós power - point presentation,

5254Mr. Jackson found that the presentation did not Ðindicate to me

5265at all that there was any effort to blow the whistle on the

5278supervisor of the law clinic.Ñ Mr. Jackson went on to testify

5289that Petitioner :

5292[A ]rticulated the points very well that he

5300wanted to share with the dean of the school

5309and that he is erudite enough to kno w that if

5320he was blowing the whistle that he would put

5329that in writing just like he did the other

5338information in that report . . . the other

5347stuff was very explicit in the report that he

5356presented. And so if something is as

5363critical as blowing the whistle on some

5370individual, I felt that if that was something

5378that he was trying to do, that it would be

5388explicit and not implicit.

539255. Mr. Jackson found that Petitioner Ós grievance was

5401unsupported. Mr. Jackson further found there were no violations

5410of the FA MU regulations in terminating Petitioner Ós employment.

5420Mr. Jackson determined that the remedy sought by Petitioner

5429should be denied. Lastly, Mr. Jackson found there was just cause

5440for Petitioner Ós termination.

544456. Petitioner sought and received the FAM U Step 2

5454grievance review. Step 2 was conducted by Dean Hughes, the

5464current dean of the School of Allied Health Sciences at FAMU.

5475Petitioner again sought the removal of the reprimands from his

5485personnel file, reinstatement to his instructor position, his

5493back pay and other benefits , and the assuranc e that Director

5504Cavazos, Dean Epps and other FAMU - COL employees did not retaliate

5516against him.

551857. The first thing Dean Hughes did was to hear from

5529Petitioner about what he was grieving. Petitioner , with hi s

5539attorney present, alleged he was terminated without a terminal

5548contract, he was being retaliated against for exposing issues

5557related to a grant from Disney, and he was being discriminated

5568a gainst by the FAMU - COL officials. Petitioner did not allege

5580that he was being discriminated based on his race, color, sex,

5591religion or age. Following the conversation with Petitioner and

5600his counsel, Dean Hughes reviewed the materials provided by

5609Petitioner and spoke with those persons whom she thought would

5619have info rmation about the matter.

562558. Dean Hughes determined that Petitioner was not a

5634tenured professor, and was not entitled to a terminal contract.

5644Non - tenured professors may be terminated for cause. Dean Hughes

5655determined there was cause for Petitioner to be terminated based

5665on Petitioner Ós performance.

566959. Dean Hughes looked into the allegation that the FAMU -

5680COL was misusing funds from a Disney grant/endowment. 14/ Other

5690than making the allegation of misuse of the funds, Petitioner did

5701not provide any doc umentation demonstrating that the Disney money

5711was being misused. Further, Petitioner Ós claim of whistle blower

5721status was unsupported. Dean Hughes confirmed that the Disney

5730funds had not been misused or, in fact, spent.

573960. Petitioner alleged that he w as discriminated against

5748when he did not receive a summer contract, when he had always

5760worked through the summer term. Dean Hughes determined that due

5770to budget reasons, the HLAC that Petitioner taught was not being

5781offered, and the cases that he was invo lved with w ould be

5794assigned to the Fellows.

579861. Dean Hughes found that Petitioner was terminated with

5807just cause. She denied the grievance and remedy sought.

581662. Petitioner filed his FCHR employment complaint of

5824discrimination on March 6, 2017. Ther ein he checked the

5834following boxes as the cause of his discrimination complaint:

5843race, color, sex, religion and age. However, the Petition for

5853Relief, as previously mentioned did not include religion.

586163. Other instructors, their sex, and their po ssible

5870courses at the FAMU - COL C linics included: Eunice Caussade Î

5882Garcia, a female whom Petitioner guessed was Ðconsidered

5890HispanicÑ in the GALC or mediation clinic; Nickola Booth - Perry

5901(sex not offered) in the GALC ; Mrs. Naguv, a female whom

5912Petitioner thought was Asian, but was not positive about where

5922she was from; Robert Minarcin, a male in the criminal defense

5933clinic; Cynthia Ramkellawan, a female who is Indian (Ðas in East

5944India, not native AmericanÑ) in the GALC ; and Mrs. Moore in the

5956criminal defense clin ic. For clarity Ms. Caussade - Garcia,

5966Mr. Minarcin, and Ms. Ramkellawan taught the C linic courses

5976during the 2016 summer term. Ms. Ramkellawan was teaching the

5986GALC during the spring 2016 term, and continued to teach it in

5998the summer term.

600164. No eviden ce was presented of any racial statements or

6012of any racial overtones made directly or indirectly to

6021Petitioner . There was no circumstantial evidence presented to

6030support even an inference that Respondent s intentionally

6038discriminated against Petitioner bas ed on his race. The

6047undersigned observed Petitioner to be an African - American male.

605765. Other than Petitioner Ós admission of his age, there was

6068no evidence presented regarding the ages of the other clinical

6078instructors or professors at the FAMU - COL, nor of the individual

6090who taught the 2016 third summer clinic. There was no

6100circumstantial evidence presented to support even an inference

6108that Respondent s intentionally discriminated against Petitioner

6115based on his age.

611966. The claim of religious discrimina tion was not in the

6130Petition for Relief. However, to stave off a claim that it was

6142unintentionally left off, the following is provided. Other than

6151Petitioner stating that he was admonished for not attending an

6161event on Easter Sunday that conflicted with his Christian faith,

6171there was no evidence presented regarding what the ÐeventÑ was,

6181who sponsored it or anything that provided a basis that religious

6192discrimination occurred. The reprimands and the termination

6199letter fail to state religion as a basis for the actions taken.

6211There was no circumstantial evidence presented to support even an

6221inference that Respondent s intentionally discriminated against

6228Petitioner based on his religion.

623367. Provost David, Dean Epps, and Director Cavazos all

6242credibly testifi ed that Petitioner Ós race , color, age, sex, or

6253religion had nothing to do with the discipline imposed.

6262Mr. Jackson and Dean Hughes credibly testified that during the

6272Step 1 and Step 2 proceedings, Petitioner never alleged that he

6283was discriminated agains t on the basis of his race, color, age,

6295sex or religion.

629868. Respondent s have a diverse staff and an anti -

6309discrimination, no - harassment policy that is enforced as to all

6320its employees.

632269. The undersigned finds as a matter of ultimate fact that

6333Responden t s did not discriminate against Petitioner based on his

6344race , color, sex, or age (or religion) that might have applied to

6356Petitioner but was not proven at hearing.

636370. The undersigned finds as a matter of ultimate fact that

6374the FAMU - BOL ha s just cause to terminate Petitioner Ó s employment

6388based on the facts above.

6393CONCLUSIONS OF LAW

639671. DOAH has jurisdiction of the subject matter of and the

6407parties to this proceeding. §§ 120.569, 120.57(1), and

6415760.11(6), Fla. Stat. (2017 ) ; and pursuant to FAMU Regulation

642510.206(9).

6426Discrimination Allegation

642872. Petitioner filed his FCHR complaint alleging FAMU - COL

6438discriminated against him on the basis of his race, color, sex,

6449age and religion.

645273. The Florida Civil Rights Act of 1992 (the FCRA),

6462prohibits discriminatio n in the workplace. Among other things,

6471the FCRA makes it unlawful for an employer:

6479To limit, segregate, or classify employees or

6486applicants for employment in any way which

6493would deprive or tend to deprive any

6500individual of employment opportunities, or

6505ad versely affect any individualÓs status as

6512an employee, because of such individualÓs

6518race, color, religion, sex, pregnancy,

6523national origin, age, handicap, or marital

6529status.

6530§ 760.10(1)(b), Fla. Stat.

653474. FloridaÓs chapter 760 , Florida Statutes (2016) , i s

6543patterned after Title VII of the Civil Rights Act of 1964, as

6555amended. Consequently, Florida courts look to federal case law

6564when interpreting chapter 760. Valenzula v. Globeground N. Am.,

6573LLC , 18 So. 3d 17 (Fla. 3rd DCA 2009).

658275. Petitioner claims h e was discriminated against by FAMU -

6593COL because of his race, color, sex, religion, or age.

6603Petitioner alleges that Director Cavazos in collusion with Dean

6612Epps denied him a summer teaching position.

661976. Section 760.11(7) permits a party who receives a no

6629cause determination to request a formal administrative hearing

6637before the DOAH . ÐIf the administrative law judge finds that a

6649violation of the Florida Civil Rights Act of 1992 has occurred,

6660he or she shall issue an appropriate recommended order to the

6671commission prohibiting the practice and recommended affirmative

6678relief from the effects of the practice, including back pay.Ñ

6688Id.

668977. Petitioner has the burden of proving by a preponderance

6699of the evidence that Respondent s discriminated against him. Se e

6710Fla. DepÓt of Transp. v . J.W.C. Co. , 396 So. 2d 778 (Fla. 1st DCA

67251981).

672678. Employees may prove discrimination by direct,

6733statistical, or circumstantial evidence. Valenzula v.

6739Globeground N. Am., LLC , 18 So. 3d at 22.

674879. Direct evidence is evidenc e that, Ðif believed, proves

6758[the] existence of [a] fact in issue without inference or

6768presumption.Ñ Burrell v. Bd. of Tr. o f Ga. Military College , 125

6780F.3d 1390, 1393 (11th Cir. 1997). Direct evidence consists of

6790Ðonly the most blatant remarks, whose in tent could be nothing

6801other than to discriminateÑ on the basis of an impermissible

6811factor. Carter v. City of Miami , 870 F.2d 578, 582 (11th Cir.

68231989).

682480. The record in this case did not establish unlawful

6834race, color, sex, or age discrimination by dir ect evidence.

684481. To prove unlawful discrimination by circumstantial

6851evidence, a party must establish a prima facie case of

6861discrimination by a preponderance of the evidence. If successful,

6870this creates a presumption of discrimination. Then the burden

6879s hifts to the employer to offer a legitimate, non - discriminatory

6891reason for the adverse employment action. If the employer meets

6901that burden, the presumption disappears and the employee must

6910prove that the legitimate reasons were a pretext. Valenzuela v.

6920GlobeGround N. Am., LLC , 18 So. 3d at 25 . Facts that are

6933sufficient to establish a prima facie case must be adequate to

6944permit an inference of discrimination. Id.

695082. Accordingly, Petitioner must prove discrimination by

6957indirect or circumstantial evide nce under the framework

6965established in McDonnell Douglas Corp. v. Green , 411 U.S. 792, 802

6976(1973). Petitioner must first establish a prima facie case by

6986showing: (1) he is a member of a protected class; (2) he was

6999qualified for the position held; (3) he was subjected to an

7010adverse employment action; and (4) other similarly - situated

7019employees, who are not members of the protected group, were

7029treated more favorably than Petitioner . ÐWhen comparing similarly

7038situated individuals to raise an inference of dis criminatory

7047motivation, these individuals must be similarly situated in all

7056relevant respects.Ñ Jackson v. BellSouth Telecomm. , 372 F.3d

70641250, 1273 (l1th Cir. 2004).

706983. In order to establish a prima facie case of disparate

7080treatment based on race, col or, sex, or age, Petitioner must show

7092that Respondent s treated similarly - situated employees differently

7101or less severely. Valdes v. Miami - Dade Coll. , 463 Fed. Appx. 843,

7114845 (11th Cir. 2012); Camara v. Brinker IntÓl , 161 Fed. Appx. 893

7126(11th Cir. 2006).

712984. Petitioner offered proof sufficient to establish his

7137race (African - American), color (black), sex (male) and age (40 at

7149the time of termination), but failed to prove discrimination , or

7159that similarly - situated employees were treated differently than

7168he .

717085. Finally, Petitioner o ffered no proof that Respondent s

7180proffered reasons for not hiring him for the summer was a pretext

7192for unlawful discrimination. In order to prove that an

7201employerÓs asserted reason is merely a pretext:

7208A plaintiff is not allowe d to recast an

7217employerÓs proffered nondiscriminatory

7220reasons or substitute [his] business judgment

7226for that of the employer. Provided that the

7234proffered reason is one that might motivate a

7242reasonable employer, an employee must meet

7248that reason head on an d rebut it, and the

7258employee cannot succeed by simply quarrelling

7264with the wisdom of that reason .

7271Chapman v. AI Transport , 229 F.3d 1012, 1030 (11th Cir. 2000).

728286. The FAMU - COL proved legitimate, nondiscriminatory

7290reasons for not hiring Petitioner for the 2016 summer clinic.

7300Petitioner failed to show that the budget issue and the

7310continuity of clinical supervision and instruction for the GALC

7319were a mere pretext for unlawful discrimination. Therefore, it

7328is conclud ed, based upon the evidence, the FAMU - COL did not

7341violate the Florida Civil Rights Act of 1992, and is not liable

7353to Petitioner for employment discrimination.

7358Termination Allegation

736087. The Florida Board of Governors of the State University

7370System (BOG) is a constitutionally created entity, which

7378establishes the Ðpowers and dutiesÑ of all state university

7387boards of trustees. See Art. IX, Fla. Const. FAMU - BOG , a

7399constitutional entity, administers FAMU. See Art. IX , § 7, Fla.

7409Const.

741088. BOG R egulation 1.001, provides that FAMU - BOG is vested

7422with the authority to establish a personnel program, which is

7432found at c hapter 10, part I , of the FAMU Regulations.

744389. FAMU Regulation 10.122 provides , in pertinent part:

7451(2) The responsibility of the University

7457employee is the full and competent

7463pe rformance of all duties pertinent to

7470his/her employment with the University.

7475Outside employment/activities or financial

7479interests which interferes with the

7484employeeÓs obligations to the University is

7490prohibited. Employees of the University

7495should avoid ac tual or apparent conflict of

7503interest between their University obligations

7508and their outside employment/activities or

7513financial interests.

7515(3) Any employee who proposes to engage in

7523any outside employment must report in writing

7530to the President or Presid entÓs designee via

7538the employeeÓs supervisor as soon as

7544practicable in advance of such employment, by

7551completing the Florida A & M University

7558report of Outside Employment form (FAM UPO -

7566402 EFF. 7/91, as now of hereafter amended),

7574which is incorporated here in by reference.

7581The President or PresidentÓs designee shall

7587determine whether the proposed outside

7592employment appears to constitute a conflict

7598of interest or other interference with the

7605employeeÓs duties. If it is determined that

7612the proposed outside em ployment appears to

7619constitute such a conflict of interest or

7626interference, the President or PresidentÓs

7631designee shall notify the employee that

7637he/she may not engage in the proposed

7644activity while employed as an employee of the

7652University.

7653* * *

7656(5) All University employees are bound to

7663observe, in all official acts, the highest

7670standards of ethics consistent with the code

7677of ethics of the State of Florida,

7684Chapter 112, Part III, Florida Statutes, the

7691advisory opinions rendered with respect

7696the reto, and the rules of the University.

7704* * *

7707(7) No employee shall have an employment or

7715contractual relationship or engage in a

7721business or personal activity that will

7727create a continuing or frequently recurring

7733conflict between that employeeÓ s private

7739interest and the performance of the

7745employeeÓs official duties.

774890. FAMU Regulation 10.205 provides , in pertinent part:

7756(3) Nontenured or Nonpermanent Faculty

7761whose appointments expire after receiving

7766notice of nonrenewal or nonreappointment o r

7773whose appointment expires without the

7778requirement of a written notice of

7784nonreappointment may be separated without

7789further notice.

7791* * *

7794(5) The President or PresidentÓs designee

7800may discipline a Faculty for just cause in

7808accordance with the p rovisions set forth

7815herein. Counseling of any nature or degree

7822shall not be considered disciplinary action.

7828(a) Just cause shall be defined as:

78351. Incompetence; or

78382. Misconduct.

7840* * *

7843(f) Dismissal Î The employee may be

7850dismissed during t he term of the employment

7858contract for just cause, regardless of tenure

7865status where it appears to the President or

7873PresidentÓs designee that an employeeÓs

7878actions adversely affect the functioning of

7884the University or jeopardize the safety or

7891welfare of th e employee, other employees or

7899students. The employee shall be given

7905written notice of the dismissal by the

7912President or PresidentÓs designee specifying

7917the reason(s) therefore. The dismissal shall

7923take effect at the time determined by the

7931President or P residentÓs designee and as

7938written in the notice of dismissal.

7944* * *

7947(i) Within 30 days following the receipt of

7955notice of disciplinary action, the employee

7961may file a complaint in accordance with

7968Regulation 10.20

797091. FAMU Regulation 10.206 pr ovides , in pertinent part:

7979( 1) Purpose Î The purpose of this regulation

7988is to promote a prompt and efficient

7995procedure for the investigation and

8000resolution of complaints filed by Faculty or

8007Administrative and Professional employees of

8012the University who h ave tenure or permanent

8020status or who may file a complaint pursuant

8028to Regulation 10.206. The provisions of

8034this regulation are not applicable to

8040University Support Personnel System

8044employees who may file a complaint pursuant

8051to Regulation 10.303.

8054(2) A ll problems should be resolved,

8061whenever possible, before the filing of a

8068complaint and open communication is

8073encouraged so that resort to the formal

8080complaint procedure will not normally be

8086necessary. Therefore, informal resolution

8090of complaints is encou raged.

8095(3) Burden of Proof Î The burden of proof

8104shall be on the University in disciplinary

8111complaints. In all other complaints, except

8117disciplinary complaints, the burden of proof

8123shall be on the complainant.

8128* * *

8131(7) Step One Î All compla ints shall be

8140filed with the person designated by the

8147President or PresidentÓs designee as Step

8153One Representative for the unit of the

8160University, in which the complainant

8165performs the complainantÓs duties, within

817030 days following the act or omission giv ing

8179rise thereto, or the date on which the

8187complainant knew or reasonably should have

8193known of such act or omission if that date

8202is later. The complainant may, in the

8209written complaint which is filed, request

8215the postponement of any action in processing

8222t he complaint formally for a period of up to

823230 days, during which period efforts to

8239resolve the complaint informally shall be

8245made. Upon the complainantÓs written

8250request, an additional 30 - day extension

8257should be liberally granted unless to do so

8265would im pede resolution of the complaint.

8272Upon the request, the Step One

8278representative shall, during such

8282postponement period(s) arrange an informal

8287conference between the appropriate

8291administrator and complainant. The

8295complainant may at any time terminate a

8302po stponement period by giving written notice

8309to the Step One Representative that the

8316complainant wishes to proceed with the Step

8323One meeting provided for below. If the

8330initial postponement period, or any

8335extension thereof, expires without such

8340written notic e, the complaint shall be

8347deemed informally resolved to the

8352complainantÓs satisfaction and need not be

8358processed further. The Step One

8363Representative shall conduct a meeting no

8369sooner than seven and no later than 15 days

8378following (1) receipt of the compl aint if no

8387postponement is requested, or (2) receipt of

8394written notice that the complainant wishes

8400to proceed with the Step One meeting. In

8408advance of the Step One meeting, the

8415complainant shall have the right upon

8421request to a copy of any identifiable

8428do cuments relevant to the complaint. At the

8436Step One meeting, the complainant shall have

8443the right to present any evidence in support

8451of the complaint. The Step One

8457Representative shall issue a written

8462decision, stating the reasons therefore,

8467within 30 day s following the conclusion of

8475the meeting. In the event the decision at

8483Step One refers to documents not requested

8490or presented by the complainant, copies of

8497such documents shall be attached to the

8504decision.

8505(8) Step Two Î If the complaint is not

8514satisf actorily resolved at Step One, the

8521complainant may file a written request for

8528review with the appropriate Vice President

8534or representative within 30 days following

8540receipt of the Step One decision. The

8547appropriate Vice President or representative

8552and the complainant shall schedule a meeting

8559for the purpose of reviewing the matter no

8567sooner than seven and no later than 15 days

8576following receipt of the request for review.

8583The meeting shall afford the complainant or

8590counsel an opportunity to present written

8596and/or oral evidence opposing the

8601UniversityÓs act or omission including a

8607written statement challenging the grounds

8612upon which such act or omission is

8619justified. If the issue involves a

8625substantial interest of the complainant, the

8631complainant may use the provisions of Step

8638Three below. If the issue does not involve

8646a substantial interest of the complainant,

8652the Step Two decision shall be final and

8660binding. The Step Two decision shall be in

8668writing and be issued within 90 days of the

8677meeting. The record of the Step Two meeting

8685shall only consist of:

8689(a) The notice of the UniversityÓs act or

8697omission, and the grounds therefor:

8702(b) Evidence received or considered;

8707(c) All written statements submitted by

8713parties to the complaint and by any other

8721perso ns;

8723(d) A complete record of any ex parte

8731communication made relative to the

8736complaint, along wit h the disposition

8742thereof; and i f after the Step Two decision

8751has been issued, and the complaint is not

8759related to a substantial int erest, no

8766further review of the complaint is required.

8773However, if the complaint is related to a

8781substantial interest and the complaint has

8787not been resolved to the satisfaction of the

8795complainant, the complainant may, within

880030 days of the receipt of the Step Two

8809decision, file a request for a hearing

8816pursuant to Step Three below, which is

8823written to comply with the requirements of

8830Section 120.57(1), F.S.

8833(9) Step Three: Formal Procedure Î Either

8840the President of the University or

8846PresidentÓs designee, or a hearing officer

8852as signed by the Division of Administrative

8859Hearings (DOAH) shall conduct the hearing at

8866this step. If the University elects to use

8874a DOAH hearing officer, it shall notify the

8882Division within 10 days of the receipt of

8890the request for the hearing.

889592. The cr edible evidence established that Petitioner Ós

8904employment was terminated for misconduct and incompetence in the

8913performance of his duties as a FAMU - COL clinical instructor.

8924Petitioner failed to prove that any other similarly - situated

8934person at FAMU - COL was treated more f avorably than he.

8946Respondent s Ó witnesses testified consistently and credibly that

8955they uniformly enforce an anti - discriminatory policy to all

8965persons, regardless of race, color, age, sex or any other factor.

8976RECOMMENDATION S

8978Based on the fo regoing Findings of Fact and Conclusions of

8989Law, it is RECOMMENDED that :

8995T he Florida Commission on Human Relations enter a final

9005order dismissing Petitioner Ós Complaint of Discrimination and

9013Petition for Relief consistent with the terms o f this Recommended

9024Order; and the Florida A & M University Board of Trustees uphold

9036that PetitionerÓs termination was justified.

9041DONE AND ENTERED this 30 th day of May, 2018, in Tallahassee,

9053Leon County, Florida.

9056S

9057LYNNE A. QUIMBY - PENNOCK

9062Administrative Law Judge

9065Division of Administrative Hearings

9069The DeSoto Building

90721230 Apalachee Parkway

9075Tallahassee, Florida 32399 - 3060

9080(850) 488 - 9675

9084Fax Filing (850) 921 - 6847

9090www.doah.state.fl.us

9091Filed with the Clerk of the

9097Division of Administrative H earings

9102this 30 th day of May , 2018 .

9110ENDNOTE S

91121/ Petitioner Ós March 6, 2017 , complaint filed with Florida

9122Commission on Human Relations also included an allegation of

9131discrimination based upon religion. However, the Petition for

9139Relief filed on Septemb er 1, 2017 , with the FCHR fails to include

9152religion as a basis for his discrimination claim.

91602 / As the facts will show, Petitioner was on a nine - month

9174contract, and his responsibilities to the FAMU - COL ended on May 6,

91872016. In June 2016, Petitioner was terminated from his FAMU - COL

9199employment, and he grieved the process via the FAMU grievance

9209procedure. Petitioner Ós Step 1 grievance process ended with the

9219termination being upheld. Petitioner Ós Step 2 grievances process

9228also ended with the termination be ing upheld. Petitioner then

9238engaged the Step 3 grievance process, and the matter was referred

9249to DOAH.

92513 / Petitioner Ós last contract with the FAMU - COL ended May 6,

92652016.

92664 / At the time this matter was referred to DOAH, Mr. Robinson was

9280the interim pre sident of FAMU. Mr. Robinson became president of

9291FAMU in November 2017.

92955 / Professor Epps served as d ean of the FAMU - COL for

9309approximately 18 months and is now a professor of law. For

9320continuity she will be referred to as d ean throughout this Order.

93326 / The Fellows refers to a Fellowship Program of the Virgil

9344Hawkins Florida Chapter of the National Bar Association. This

9353program, in partnership with the FAMU - COL, provides pro bono legal

9365services to indigent members in the central Florida area. As part

9376of their responsibilities, the Fellows are to Ðupload all filings,

9386drafts, documents and e - mails to CLIO . . . [and] print the

9400pleadings and create a paper file to match the electronic file.

9411The paper version of the client file will be ke pt in the [FAMU -

9426COL] office.Ñ

94287 / Although Professor David is no longer Provost, for ease of

9440continuity, she will referred to as Provost David.

94488 / ÐCLIOÑ is a cloud based electronic case management system.

94599 / The FAMU - COL does not have insurance coverage for tort c ases,

9474nor does it have a trust fund to facilitate those types of cases.

948710 / A terminal contract is given to a tenure - track professor who

9501will not be retained at the end of the terminal contract period.

9513Petitioner was not a tenure - track professor .

95221 1 / The two forms included the following:

9531a. Petitioner listed his University Employment schedule with

9539check marks on Monday, Tuesday, Wednesday, Thursday, and Friday.

9548He then completed the form by indicating: Proposed Employer/and

9557address: left blank; be ginning and ending date of employment:

9567from September 2015 through November 2015; the work schedule

9576included Saturday and Sunday for approximately ten hours; and the

9586nature of proposed employment: running for City Council.

9594Petitioner checked the box whi ch indicated no University

9603facilities, equipment, services or personnel would be used.

9611Petitioner signed the form on June 29, 2015, and it was hand -

9624executed by then Dean Pernell on June 29, 2015 , and by Provost

9636David on June 30, 2015.

9641b. Petitioner list ed his University Employment schedule with

9650check marks on Monday, Tuesday, Wednesday, Thursday, and Friday.

9659He then completed the form by indicating: Proposed Employer Name:

9669The Washington Trial Group, PLLC; Employer Address: no address

9678has been establ ished; Beginning date of employment: no

9687anticipated date; Ending date: left blank; Work

9694schedule/workdays: no days were marked; Work hours: left blank;

9703Anticipated compensation: none; Nature of Proposed Employment:

9710consulting. Petitioner checked the box which indicated no

9718University facilities, equipment, services or personnel would be

9726used. Petitioner signed the form on May 26, 2015, and it was

9738hand - executed by then Dean Pernell on May 26, 2015, and stamped

9751with Provost DavidÓs signature block on J une 1, 2016.

97611 2 / Petitioner provided direct testimony on his first outside

9772employment form. Petitioner signed his first outside employment

9780form on October 6, 2010, and he included not only the beginning

9792and ending dates, but also the location, hours (8) , the workdays

9803(Saturday), the anticipated compensation ($0.00), and the purpose

9811(pro bono legal work). It is obvious that Petitioner knew how to

9823complete the outside employment form.

98281 3 / Petitioner attempted to equate this outside employment as an

9840equa l to his ÐconsultingÑ for a law office. The undersigned does

9852not agree with that position: a voice coach and Ð consulting Ñ for

9865a law office are two distinct occupations. In light of the FAMU

9877Regulations, it would be prudent for Director Cavazos to file a n

9889outside employment form.

98921 4 / The money from Disney was an endowment. Witnesses used the

9905terms grant or endowment interchangeably during the hearing, and

9914it was apparent that witnesses (save for Ms. Graham) did not have

9926an appreciation of the differen ce.

9932COPIES FURNISHED:

9934Jerry Girley, Esquire

9937The Girley Law Firm

9941125 East Marks Street

9945Orlando, Florida 32803

9948(eServed)

9949Maria A. Santoro, Esquire

9953Dennis, Jackson, Martin

9956& Fontela, P.A.

99591591 Summit Lake Drive , Suite 200

9965Tallahassee, Florida 32317

9968(e Served)

9970Teresa Cooper Ward, Esquire

9974Dennis, Jackson, Martin

9977& Fontela, P.A.

99801591 Summit Lake Drive , Suite 200

9986Tallahassee, Florida 32317

9989(eServed)

9990Tammy S. Barton, Agency Clerk

9995Florida Commission on Human Relations

100004075 Esplanade Way , Room 110

10005Tall ahassee, Florida 32399 - 7020

10011(eServed)

10012Ka'Juel Washington, Esquire

10015The Washington Trial Group, PLLC

10020Suite 500

1002237 North Orange Avenue

10026Orlando, Florida 32801

10029(eServed)

10030Cheyanne Costilla, General Counsel

10034Florida Commission on Human Relations

100394075 Esplanad e Way , Room 110

10045Tallahassee, Florida 32399 - 7020

10050(eServed)

10051NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

10057All parties have the right to submit written exceptions within

1006715 days from the date of this Recommended Order. Any exceptions

10078to this Recommended Order sho uld be filed with the agency that

10090will issue the Final Order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/02/2018
Proceedings: Agency Final Order
PDF:
Date: 08/02/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 06/20/2018
Proceedings: Agency Final Order
PDF:
Date: 06/20/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 05/31/2018
Proceedings: Transmittal letter from Claudia Llado forwarding a flash drive containing Respondent's Exhibit to Respondent.
PDF:
Date: 05/30/2018
Proceedings: Recommended Order
PDF:
Date: 05/30/2018
Proceedings: Transmittal letter from Claudia Llado forwarding duplicate copies of Respondent's Exhibits to Respondent.
PDF:
Date: 05/30/2018
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 05/30/2018
Proceedings: Recommended Order (hearing held January 24 and 25 and February 26 and 27, 2018). CASE CLOSED.
PDF:
Date: 04/23/2018
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 03/26/2018
Proceedings: Order Denying Petitioner's Request for Extension of Time to File Findings of Fact and Conclusions of Law.
PDF:
Date: 03/26/2018
Proceedings: Notice of Ex Parte Communication.
PDF:
Date: 03/26/2018
Proceedings: Notice of Filing Transcript.
PDF:
Date: 03/26/2018
Proceedings: Petitioner's Request for Extension of Time to File Findings of Fact and Conclusion of Law filed.
Date: 03/22/2018
Proceedings: Transcript of Proceedings Volumes I-III (not available for viewing) filed.
Date: 02/28/2018
Proceedings: Transcript of Proceedings Volumes I-II (not available for viewing) filed.
Date: 02/26/2018
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 02/23/2018
Proceedings: Florida A&M University Board of Trustees' Notice of Page and Line Number of Deposition to be Introduced at Final Hearing filed.
PDF:
Date: 02/21/2018
Proceedings: Court Reporter Request filed.
PDF:
Date: 02/13/2018
Proceedings: Respondent, Florida A&M University, Board of Trustees' Amended Notice of Taking Deposition filed.
PDF:
Date: 02/12/2018
Proceedings: Respondent, Florida A&M University, Board of Trustees' Notice of Taking Deposition filed.
Date: 02/12/2018
Proceedings: Transcript of Proceedings Volumes 1-2 (not available for viewing) filed.
PDF:
Date: 02/12/2018
Proceedings: Order Granting Motion for Leave of Court to Take Deposition by Telephone.
PDF:
Date: 02/05/2018
Proceedings: Notice of Filing Affidavit of Felecia Epps filed.
PDF:
Date: 02/05/2018
Proceedings: Notice of Ex Parte Communication.
PDF:
Date: 02/05/2018
Proceedings: Affidavit of Felecia Epps filed.
PDF:
Date: 02/02/2018
Proceedings: Motion for Leave of Court to Take Deposition by Telephone filed.
PDF:
Date: 02/01/2018
Proceedings: Order Denying Motion for Leave of Court to Take Deposition by Telephone.
PDF:
Date: 01/31/2018
Proceedings: Notice of Voluntary Appearance of Felecia Epps filed.
PDF:
Date: 01/31/2018
Proceedings: Motion for Leave of Court to Take Deposition by Telephone filed.
PDF:
Date: 01/29/2018
Proceedings: Notice of Hearing by Video Teleconference (hearing set for February 26 and 27, 2018; 9:30 a.m.; Orlando and Tallahassee, FL).
PDF:
Date: 01/26/2018
Proceedings: Respondent's Response to Petitioner's Second Request for Admissions Propounded December 28, 2017 filed.
PDF:
Date: 01/25/2018
Proceedings: Notice of Filing (Affidavit of Service of Subpoena) filed.
PDF:
Date: 01/25/2018
Proceedings: (Petitioner) Notice of Filing filed.
PDF:
Date: 01/25/2018
Proceedings: Notice of Filing (Affidavit of Service of Subpoenas) filed.
Date: 01/24/2018
Proceedings: CASE STATUS: Hearing Partially Held; continued to date not certain.
PDF:
Date: 01/24/2018
Proceedings: Notice of Live Testimony filed.
PDF:
Date: 01/24/2018
Proceedings: Notice of Filing (Affidavit of Service of Subpoena) filed.
PDF:
Date: 01/24/2018
Proceedings: Florida A&M University Board of Trustees' Response to Petitioner's Memorandum of Law filed.
PDF:
Date: 01/23/2018
Proceedings: Petitioner's Exhibit 27 filed.
PDF:
Date: 01/23/2018
Proceedings: Notice of Filing Respondent's Corrected Exhibit 23 filed.
PDF:
Date: 01/23/2018
Proceedings: Petitioner's Exhibit 4 part 1B filed.
PDF:
Date: 01/23/2018
Proceedings: Petitioner's Exhibit 4 part 1A filed.
PDF:
Date: 01/23/2018
Proceedings: Petitioner's Exhibit 35 filed.
PDF:
Date: 01/23/2018
Proceedings: Petitioner's Memorandum of Law filed.
PDF:
Date: 01/23/2018
Proceedings: Florida A&M University Board of Trustees' Notice of Objections to Petitioner's Exhibit List filed.
PDF:
Date: 01/23/2018
Proceedings: Notice of Providing Respondent' Response to Petitioner's Request for Admissions Propounded December 22, 2017 filed.
PDF:
Date: 01/22/2018
Proceedings: Florida A&M University Board of Trustees' Amended Exhibit List for Final Hearing filed.
PDF:
Date: 01/22/2018
Proceedings: Respondent's Request for Final Hearing Transcripts filed.
PDF:
Date: 01/19/2018
Proceedings: Notice of Filing Florida A&M University Board of Trustees Responses to Petitioner's First Request for Production filed.
PDF:
Date: 01/19/2018
Proceedings: Notice of Filing Florida A&M University Board of Trustees Responses to Petitioner's First Interrogatories filed.
PDF:
Date: 01/19/2018
Proceedings: Order Denying Petitioner's Ore Tenus Motion for Witnesses to Appear via Telephone.
Date: 01/19/2018
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
Date: 01/18/2018
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 01/18/2018
Proceedings: Notice of Telephonic Pre-hearing Conference (set for January 19, 2018; 9:00 a.m.).
Date: 01/18/2018
Proceedings: Respondent's Proposed Exhibits filed (thumb drive, exhibits not available for viewing).
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 37 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 36 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 35 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 34 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 33 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 32 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 31 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 30 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 29 (part 2) filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 29 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 28 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 26 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 25 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 24 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 23 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 22 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 21 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 20 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 19 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 18 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 17 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 16 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 15 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 14 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 13 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 12 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 11 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 10 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 9 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 8 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 7 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 6 filed.
PDF:
Date: 01/18/2018
Proceedings: Petitioner's Exhibit 5 filed.
PDF:
Date: 01/18/2018
Proceedings: Exhibit 2 2014-2015 filed by Petitioner.
PDF:
Date: 01/18/2018
Proceedings: Exhibit 2 2013-2014 filed by Petitioner.
PDF:
Date: 01/18/2018
Proceedings: Exhibit 2 2012-2013 filed by Petitioner.
PDF:
Date: 01/18/2018
Proceedings: Exhibit 1 filed by Petitioner.
PDF:
Date: 01/18/2018
Proceedings: Respondent;s Notice of Filing Proposed Trial Exhibits filed.
PDF:
Date: 01/18/2018
Proceedings: Respondent's Unilateral Pre-hearing Statement filed.
PDF:
Date: 01/18/2018
Proceedings: Motion for Case Management Conference filed.
PDF:
Date: 01/17/2018
Proceedings: Petitioner's Exhibit List filed.
PDF:
Date: 01/17/2018
Proceedings: Florida A&M University's Notice of Filing Request for Admissions Propounded November 2, 2017 filed.
PDF:
Date: 01/17/2018
Proceedings: Petitioner's Witness List filed.
PDF:
Date: 01/10/2018
Proceedings: Order on Pending Motions.
PDF:
Date: 01/09/2018
Proceedings: Respondent's Response to Petitioner's Request for a Continuance of Hearing and Petitioner's Request for an Extension of Time to Conduct Discovery filed.
PDF:
Date: 01/05/2018
Proceedings: Petitioner's Response to Respondent's Motion for a Protective Order, Petitioner's Request for a Continuance of Hearing and Petitioner's Request for an Extension of Time to Conduct Discovery filed.
PDF:
Date: 01/02/2018
Proceedings: Motion for Protective Order filed (complete document).
PDF:
Date: 01/02/2018
Proceedings: Respondent's Response to Notice of Non-Receipt of Request for Admissions filed.
PDF:
Date: 01/02/2018
Proceedings: Order Denying Motion to Compel.
PDF:
Date: 01/02/2018
Proceedings: Notice of Non-receipt of Request for Admissions filed.
PDF:
Date: 12/29/2017
Proceedings: Motion for Protective Order filed.
PDF:
Date: 12/29/2017
Proceedings: Response to Motion to Compel filed.
PDF:
Date: 12/29/2017
Proceedings: Petitioner's Motion to Compel Discovery filed.
PDF:
Date: 12/28/2017
Proceedings: Notice of Service of Petitioner's Second Request for Admissions to Respondent filed.
PDF:
Date: 12/22/2017
Proceedings: Notice of Service of Petitioner's Request for Admissions to Respondent filed.
PDF:
Date: 12/20/2017
Proceedings: Notice of Service of Interrogatories filed.
PDF:
Date: 12/20/2017
Proceedings: Notice of Service of Petitioner's First Request for Production to Respondent, Florida A&M University Board of Trustees filed.
PDF:
Date: 12/14/2017
Proceedings: Notice of Appearance of Co-counsel (Ka'Juel Washington).
PDF:
Date: 12/11/2017
Proceedings: Notice of Filing Petitioner's Unverified Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 12/04/2017
Proceedings: Notice of Service of Amended Request for Admissions filed.
PDF:
Date: 11/03/2017
Proceedings: Order of Consolidation (DOAH Case Nos. 17-4950 and 17-5340).
Date: 11/03/2017
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 11/02/2017
Proceedings: Notice of Appearance (Jerry Girley) filed.
PDF:
Date: 11/02/2017
Proceedings: Notice of Appearance (Theresa Ward) filed.
PDF:
Date: 10/25/2017
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for November 3, 2017; 8:30 a.m.).
PDF:
Date: 10/23/2017
Proceedings: Motion to Consolidate and to Continue Final Hearing filed.
PDF:
Date: 10/06/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 10/06/2017
Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 14 and 15, 2017; 9:30 a.m.; Orlando and Tallahassee, FL).
PDF:
Date: 10/03/2017
Proceedings: (Respondent) Response to Initial Order filed.
PDF:
Date: 09/29/2017
Proceedings: Notice of Appearance (Maria Santoro) filed.
PDF:
Date: 09/25/2017
Proceedings: Initial Order.
PDF:
Date: 09/25/2017
Proceedings: Request for Hearing filed.
PDF:
Date: 09/25/2017
Proceedings: Agency action letter filed.
PDF:
Date: 09/25/2017
Proceedings: Referral Letter filed.

Case Information

Judge:
LYNNE A. QUIMBY-PENNOCK
Date Filed:
09/25/2017
Date Assignment:
10/03/2017
Last Docket Entry:
08/02/2018
Location:
Orlando, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (5):