Stuart M. Selikowitz, Complainant,v.Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionDec 2, 1999
05970867 (E.E.O.C. Dec. 2, 1999)

05970867

12-02-1999

Stuart M. Selikowitz, Complainant, v. Togo D. West, Jr., Secretary, Department of Veterans Affairs, Agency.


Stuart M. Selikowitz v. Department of Veterans Affairs

05970867

December 2, 1999

Stuart M. Selikowitz, )

Complainant, )

) Request No. 05970867

v. ) Appeal No. 01954365

) Agency No. OEO No. 93-3403

Togo D. West, Jr., ) Hearing No. 160-94-8436X

Secretary, )

Department of Veterans Affairs, )

Agency. )

)

DENIAL OF REQUEST TO RECONSIDER

On June 20, 1997, the complainant timely initiated a request to the Equal

Employment Opportunity Commission (Commission) to reconsider the decision

in Selikowitz v. Department of Veterans Affairs, EEOC Appeal No. 01954365

(May 23, 1997).<1> The Commission may, in its discretion, reconsider a

previous decision where the party demonstrates that: (1) the previous

decision involved a clearly erroneous interpretation of material fact or

law; or (2) the decision will have a substantial impact on the policies,

practices or operations of the agency. 64 Fed. Reg. 37,644, 37,659 (1999)

(to be codified and hereinafter referred to as 29 C.F.R. �1614.405(b)).

After a review of the complainant's request for reconsideration,

the agency's response thereto, the previous decision, and the entire

record, the Commission finds that the complainant's 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 complainant's request. The decision in EEOC

Appeal No. 01954365 remains the Commission's final decision.<2>

RIGHT TO FILE A CIVIL ACTION (P0993)

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.

It is the position of the Commission that 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.

You should be aware, however, that courts in some jurisdictions have

interpreted the Civil Rights Act of 1991 in a manner suggesting that

a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the

date that you receive this decision. To ensure that your civil action

is considered timely, you are advised to file it WITHIN THIRTY (30)

CALENDAR DAYS from the date that you receive this decision or to consult

an attorney concerning the applicable time period in the jurisdiction

in which your action would be filed. 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 (Z1092)

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:

Dec. 2, 1999

Date Frances M. Hart

Executive Officer

Executive Secretariat

CERTIFICATE OF MAILING

For timeliness purposes, the Commission will presume that this decision

was received within five (5) calendar days of mailing. I certify that

the decision was mailed to complainant, complainant's representative

(if applicable), and the agency on:

_________________________

_________________________

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

Federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at WWW.EEOC.GOV.

2We note that while the evidence supported the agency's explanations

for its actions, the record also showed that the complainant was a very

competent physician who provided excellent care to patients.