4.5 | SCENARIO 2: APPEAL FROM AN ADMINISTRATIVE JUDGE’S SUMMARY JUDGMENT DECISION
On appeal, the standard of review is de novo review, which means the Commission does not have to defer to the administrative judge’s factual findings or legal determinations.
In your brief, you cannot simply repeat the same arguments made in scenario 1. Rather, you should argue that the administrative judge made a mistake in granting summary judgment because this case can only be resolved by weighing conflicting evidence.
For example, you can argue that your testimony, and the testimony of other coworkers, establish that on May 4, your supervisor verbally harassed you by trying to claim possession over you when he declared you were “my girl.” Moreover, he made unwelcome physical contact by forcibly kissing you. The supervisor testified that this conversation never took place on May 4, and instead refers to a different conversation with a different coworker on May 10. Moreover, he denied kissing you and instead gave a consensual friendly hug. The only way to resolve this conflicting evidence about what happened on May 4 is to hold a hearing. Therefore, you ask the Commission to reverse the administrative judge’s summary judgement decision and remand the matter for a hearing.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these handbooks in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
