DECISION OF THE BOARD OF DIRECTORS
On June 14, 2004, Hearing Officer Sylvia Bacon rendered a Decision from the Bench. On June 21, 2004, Hearing Officer Bacon issued an Order of Judgment. The Hearing Officer Dismissed the case with prejudice because Complainant failed to comply with procedures set forth in the rules and statute. The Hearing Officer also concluded that the Complainant failed to state a claim upon which relief could be granted and, even if, arguendo, a claim had been stated, Complainant did not establish a prima facie case of age, race or sex discrimination or prove that the Respondent had unlawfully discriminated against the Complainant on any basis.
The Board has considered the Decision by the Hearing Officer, the record, the “Petition for Review by the Board of Directors” submitted by Appellant, and the “Motion to Dismiss Appeal for Appellant’s Failure to Prosecute” (Motion) and Supporting Brief submitted by Appellee.1
The Board takes notice that the Hearing Officer applied the appropriate procedural standards under regulation and case law, as herein noted.2
Under Office of Compliance Procedural Rules (OC Proc. R.) §§ 7.01(12), 7.02(a), a Hearing Officer is authorized to impose sanctions for a party’s failure to follow an Order including but not limited to striking part of a complaint and directing judgment against the non-complying party. Under Office of Compliance Procedural Rules, a Hearing Officer is authorized to dismiss an action with prejudice for failure to comply with an Order and for failure to prosecute or defend. OC Proc. R. § 7.02(b)(1) and (2). Federal Rules of Civil Procedure also provide for involuntary dismissal of actions where a plaintiff fails to prosecute a case or comply with a court order. Fed. R. Civ. P. 41(b).
