01a15381_r
02-06-2002
Ferial K. Ardalan, Complainant, v. John Ashcroft, Attorney General, Department of Justice, Agency.
Ferial K. Ardalan v. Department of Justice
01A15381
February 6, 2002
.
Ferial K. Ardalan,
Complainant,
v.
John Ashcroft,
Attorney General,
Department of Justice,
Agency.
Appeal No. 01A15381
Agency No. F-01-5577
DECISION
Upon review, the Commission finds that the agency's decision dated
August 21, 2001, dismissing complainant's complaint for failure
to state a claim is proper pursuant to 29 C.F.R. � 1614.107(a)(1).
In her complaint, complainant, a former employee of the Defense Language
Institute (DLI), the Department of the Army, alleged that an FBI Special
Agent, complainant's former student at DLI, in collaboration with DLI's
management, made accusations against complainant in previous complaints,
and to officials at the Department of Defense, the Department of
the Army, and in Federal District Court. Specifically, complainant
alleged that on February 25, 2000, the FBI Special Agent signed a
declaration in which she stated that she had volunteered information
about complainant's alleged misconduct in a memorandum dated March
4, 1996. Complainant also indicated that the FBI Special Agent made
false, accusatory, and defamatory statements in the memorandum about
her that she was under the influence of drugs while she was teaching at
her class, which caused her to be subjected to an investigation by her
former employer, and terminated from DLI, the Department of the Army.
Upon review, since complainant is/was not an employee of, or applicant
with for employment with, the instant agency (Department of Justice),
the Commission finds that her complaint fails to state a claim pursuant
to 29 C.F.R. � 1614.107(a)(1). It is noted that complainant filed a
number of EEO complaints against the Department of the Army. Accordingly,
the agency's decision is hereby 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
February 6, 2002
__________________
Date