OFFICE OF COMPLIANCE
LA 200, John Adams Building, 110 Second
Street, S.E.
Washington, DC 20540-1999
_______________________
CRANSTON C. JORDAN Complainant,
v. Case No. 01-SN-378 (CV,RP) Date: May 21, 2003 OFFICE OF THE SENATE SERGEANT AT ARMS Respondent.
_______________________
Before the Board of Directors: Susan S. Robfogel, Chair; Barbara
L. Camens, Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs
Wallace, Members.
DECISION OF THE BOARD OF
DIRECTORS
On December 9, 2002, the attached decision of
Hearing Officer Curtis von Kann was entered into the records of
the office of Compliance. The Complainant filed a petition for review
of the Hearing Officer's decision, which the Board treated as timely
over the Respondent's objection. The petition included several handwritten
comments addressing portions of the Hearing Officer's decision.
However, the Complainant subsequently did not file a supporting
brief, as prescribed in the Office's Procedural Rules. The Respondent
has moved the Board, alternatively, to dismiss the appeal or strike
the Complainant's petition for review, for his failure to file a
supporting brief.
Although there is a serious question as to whether
this pro se [self-represented] complainant has fully satisfied the
Board's procedural requirements for filing a supporting brief, we
nonetheless conclude that the record contains substantial evidence
supporting the Hearing Officer's conclusion that the termination
of the Complainant's employment was not motivated by factors of
gender discrimination or retaliation. The Board, upon consideration
of the matter, has decided to affirm the Hearing Officer's findings,
and his ultimate conclusion denying the Complainant's claims.1
The Board, for the reasons set forth above, affirms
the Hearing Officer's decision. Because our decision to consider
the case on the merits turns on very individualized procedural events
we do not consider that part of this Decision to constitute precedential
authority.
It is so ordered.
___________________
Susan S. Robfogel, Chair
___________________
Barbara L. Camens, Member
____________________
Alan V. Friedman, Member
____________________
Roberta L. Holzwarth, Member
____________________
Barbara Childs Wallace, Member
Issued, Washington, D.C.: May 21, 2003
CERTIFICATE OF SERVICE
I hereby certify that on this 21st day of May
2003, I delivered a copy of this Decision of the Board of Directors
to the following parties by the identified means:
First-Class Mail Postage-Prepaid
Mr. Cranston Jordan
6970 Livingston Road
Indian Head, MD 20640
First-Class Mail Postage-Prepaid
& Facsimile Mail (w/o Hearing Officer Decision)
Ms. Jean M. Manning, Senate Chief Counsel for
Employment
Ms. Brenda J. Pence, Senate Senior Counsel for Employment
Ms. Erica A. Watkins, Senate Assistant Counsel for Employment
Office of the Senate Chief Counsel for Employment
Senate Hart Building, Room 103
Washington, D.C. 20510
___________________
Kisha Harley
Office of Compliance
|