01A22910_r
02-24-2003
Syndie Hastings, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Syndie Hastings v. Department of Veterans Affairs
01A22910
February 24, 2003
.
Syndie Hastings,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A22910
Agency No. 200M-0110-1557
DISMISSAL
Complainant appeals from the agency's final decision which dismissed
her complaint. In her complaint, complainant alleged that she was
subjected to discrimination on the basis of sex (female) when:
On February 14, 2001, while sitting at her computer, another employee
(C1) began massaging complainant's shoulders and made sexually oriented
remarks to her.
On February 21, 2001, complainant contacted her supervisor (S1) and the
EEO program manager for the agency's facility. Complainant was told the
EEO manager would look into the incident. Complainant's supervisor said
she would speak with C1.
On March 1, 2001, complainant was notified that C1 would be attending
the Team 1 Retreat in addition to all other team meetings at which her
attendance was required. Complainant's home phone number was published
to other employees, including C1.
On March 13, 2001, S1 had C1 present at a team meeting and announced that
he would be present for future team meetings even after complainant had
informed S1 that complainant did not want to be in the same room as C1.
On March 15, 2001, S1 asked complainant if she had thought of what she
could have done differently, which would have prevented the situation
with C1 from getting out of hand. S1 implied that it was complainant's
fault that C1 behaved inappropriately.
On April 4, 2001, while covering downstairs for 4 hours, C1 called the
office where complainant was temporarily assigned, regarding a patient's
appointment for a Means Test, although C1 was instructed by S1 not to
contact complainant. The Means Test of discussion actually had been
completed on March 21, 2001.
On April 13, 2001:
Complainant met again with the EEO Program Manager to request a transfer
out of the hospital. The Program Manager accompanied complainant to
visit the Chief, Human Resources (HR), who suggested she seek counseling;
Complainant was informed by the HR Chief that options to alleviate her
distress were not available, and that she should just bear her pain,
as time will make it go away.
The HR Chief and EEO Program Manager advised complainant that disciplinary
action had been taken against C1, but she was not allowed to know what
it was.
On or around May 29, 2001, the HR Chief informed complainant's physician
that he did not understand why she was so upset as C1 had not laid a
hand on her.
By Notice of Appeal postmarked April 25, 2002, complainant filed an
appeal with this Commission from the October 29, 2001 final decision
dismissing her EEO complaint of unlawful employment discrimination.
A copy of the certified mail return receipt card reveals that the
agency's final decision was received at complainant's address of record
on November 2, 2001. A review of the decision reveals that the agency
properly advised complainant that she had thirty calendar days after
receipt of its final decision to file her appeal with the Commission.
Complainant has not offered an adequate justification for an extension
of the applicable time limit for filing her appeal.
Accordingly, pursuant to 29 C.F.R. � 1614.403(c), complainant's April 25,
2002 appeal is hereby DISMISSED.
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 24, 2003
__________________
Date