0120103336
06-07-2012
Monica E. Santiago, Complainant, v. Nancy M. Ware, Director, Court Services and Offender Supervision Agency, Agency.
Monica E. Santiago,
Complainant,
v.
Nancy M. Ware,
Director,
Court Services and Offender Supervision Agency,
Agency.
Appeal No. 0120103336
Agency No. CSOSA-EEO-F-09-007
DISMISSAL OF APPEAL
By Notice of Appeal sent via facsimile on August 17, 2010, Complainant filed an appeal with the Commission from the July 12, 2010 final Agency decision concerning her EEO complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.
BACKGROUND
Complainant filed an EEO Complaint dated November 18, 2009. The Agency defined Complainant's complaint as alleging that she was subjected to discrimination on the bases of race (Black) and sex (female) when:
1. From March 1, 2009, to June 25, 2009, she was allegedly subjected to continuous harassment while working on a special project with Person A, the Senior Program Analyst Criminal Justice Program.
2. From March 1, 2009 to June 25, 2009, on several occasions Complainant was harassed
by Person A when he attempted to override the Associate Director's decision, by insisting that she was on a detail to the Criminal Justice Program and requested that she provide her work schedule, tour of duty, and leave status; and
3. On June 25, 2009, Complainant alleged that during a telephone conversation she was threatened by Person A when he stated: "I'm telling you that if you go over my head with this, you and I are going to have problems."1
Following an investigation of Complainant's complaint, Complainant requested a final decision by the Agency on her complaint. On July 12, 2010, the Agency issued a decision on Complainant's complaint finding Complainant failed to prove that she was subjected to discrimination as alleged.
A copy of the Federal Express delivery receipt shows that the final decision was received at Complainant's address of record on July 13, 2010. A review of the decision reveals that the Agency properly advised Complainant that she had 30 days after receipt of its final decision to file her appeal with the Commission. On appeal, Complainant stated she received the final decision on July 17, 2010. She also stated that she returned home on July 18, 2010, and found the package on her front porch. By her own admission Complainant received the Agency's decision on July 17, 2010. The 30-day time limit for filing the appeal expired on Monday, August 16, 2010. Accordingly, Complainant's August 17, 2010 appeal is untimely and is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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 from the Court that the Court appoint an attorney to represent you and that the Court also 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 with the Court 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 7, 2012
__________________
Date
1 Complainant's complaint originally included the additional basis of religion; however, she subsequently withdrew this basis from her complaint.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
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