05A21309
12-18-2002
Lucian Siepielski, Complainant, v. Roderick R. Paige, Secretary, Department of Education, Agency.
Lucian Siepielski v. Department of Education
05A21309
December 18, 2002
.
Lucian Siepielski,
Complainant,
v.
Roderick R. Paige,
Secretary,
Department of Education,
Agency.
Request No. 05A21309
Appeal No. 01A13489
Agency No. ED-9816020
DENIAL OF REQUEST FOR RECONSIDERATION
Lucian Siepielski (complainant) timely initiated a request to the Equal
Employment Opportunity Commission (EEOC or Commission) to reconsider the
decision in Lucian Siepielski v. Department of Education, EEOC Appeal
No. 01A13489 (August 30, 2002). 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 underlying complaint, complainant contended that he was
discriminated against on the basis of reprisal (prior protected
activity) in violation of Title VII of the Civil Rights Act of 1964
(Title VII), as amended, 42 U.S.C. � 2000e et seq., when on August
20, 1997, he learned that his supervisor, the Director of the Office
of Civil Rights (S1), threatened to terminate and/or discipline any
employee who filed discrimination charges against him. The alleged
threat occurred shortly after complainant and other employees filed
individual complaints against S1 for non-selection. On August 7,
1998, the agency dismissed the complaint for failure to state a claim.
In Lucian Siepielski v. Department of Education, EEOC Appeal No. 01986834
(July 27, 1999), the Commission reversed the agency's dismissal and
remanded the complaint for investigation. On April 6, 2001, following an
investigation, the agency issued a final decision on the merits of the
complaint. Our prior appellate decision affirmed the agency decision,
finding that complainant failed to meet his burden of establishing
that S1 actually made the threat. In his request for reconsideration,
complainant contends, among other things, that the agency failed to
timely process his complaint and to issue a final agency 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. In reaching this
conclusion, we note that complainant fails to demonstrate that our prior
decision involved a clearly erroneous interpretation of material fact
or law, or will have a substantial impact on the policies, practices
or operations of the Commission. Instead, complainant presents new
evidence to support his claims. The Commission has consistently declined
to consider new evidence where it is being presented for the first time
in a request for reconsideration. Based on the foregoing, the decision
in EEOC Appeal No. 01A13489 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
December 18, 2002
__________________
Date