05A11070_r
02-06-2002
Marie Vaughn-Walker v. Department of Veterans Affairs
05A11070
.February 6, 2002
Marie Vaughn-Walker,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Request No. 05A11070
Appeal No. 01A04037
Agency No. 98-2702
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Marie
Vaughn-Walker v. Department of Veterans Affairs, EEOC Appeal No. 01A04037
(August 3, 2001). EEOC Regulations provide that the Commission may,
in its discretion, reconsider any previous Commission decision where
the requesting party demonstrates that:
(1) the appellate decision involved a clearly erroneous interpretation
of material fact or law; or
(2) the appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
See 29 C.F.R. � 1614.405(b).
In the previous decision, the Commission affirmed the agency's dismissal
of complainant's claim of retaliatory harassment, finding that complainant
failed to timely contact an EEO Counselor regarding both incidents
supporting this claim: i.e., the dispute about a purportedly expired
nursing license and the agency purportedly providing false information to
the Office of Worker's Compensation. In her request for reconsideration,
complainant fails to provide any argument or evidence to demonstrate that
the Commission erred in its procedural determination, merely arguing
the merits of the claim and making reference to matters that are not
probative to the determination in the prior decision.
After a review of the complainant's request for reconsideration, the
previous decision, and the entire record, the Commission finds that the
request fails to meet the criteria of 29 C.F.R. � 1614.405(b), and it
is the decision of the Commission to deny the request. The decision
in EEOC Appeal No. 01A04037 remains the Commission's final decision.
There is no further right of administrative appeal on the decision of
the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. If you file a civil action, you must name as the defendant
in the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
February 6, 2002
__________________
Date