01A22263_r
06-20-2002
Carmen K. Rodriguez, Complainant, v. Donald H. Rumsfeld, Secretary, Department of Defense, Agency.
Carmen K. Rodriguez v. Department of Defense
01A22263
June 20, 2002
.
Carmen K. Rodriguez,
Complainant,
v.
Donald H. Rumsfeld,
Secretary,
Department of Defense,
Agency.
Appeal No. 01A22263
Agency No. DD-FY01-08
DECISION
The Commission finds that the agency's February 13, 2002 decision
dismissing complainant's complaint was proper pursuant to 29 C.F.R. �
1614.107(a)(2), for untimely filing of the formal complaint. Complainant
alleges that she was discriminated against on the bases of race, color,
national origin, and reprisal when:
During School Year 2000 - 01, she was denied the opportunity to be a
member of the School Improvement Program;
On December 8, 2000, she was denied the opportunity to attend any of
seven training courses she requested;
On September 12, 2000, she was embarrassed when an electronic mail
message addressed to her regarding missing property was sent to other
Department of Defense Dependents Schools;
On December 15, 2000, she was issued a letter of caution;
On November 2000, the Principal impeded her from fulfilling her duties
as RIF coordinator by not addressing her scheduling issues.
The agency dismissed complainant's complaint finding that she filed her
complaint beyond the 15-day limitation period. The record indicates
that complainant received the Notice of Right to File on March 22, 2001.
Complainant did not file her formal complaint until April 12, 2001,
which is beyond the 15-day limitation period. Complainant, on appeal,
argues that an extension of time to file her formal complaint was granted
by the agency in April 2001. However, complainant has failed to show
that an extension was granted. Complainant was not presented adequate
justification to warrant extension of the applicable time limit to file
her formal complaint.
The agency's decision dismissing complainant's complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish 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.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
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. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
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
June 20, 2002
__________________
Date