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Friday, November 15, 2019
Flagler College, Inc. Removes Faculty Sexual Harassment Lawsuit to Federal Court, as State Court Judge Grants Default Judgment against College for Missing Deadline
The Flagler College/former UnderSheriff /JOEL BOLANTE sexual harassment case is now in federal court:
Like a boxer leading with his chin, Flagler College, Inc. on November 13, 2019 removed the retaliation case for reporting sexual harassment lawsuit of former faculty member Dr. Tina Jaeckler, Ph.D. to federal court, pursuant to 28 U.S.C. 1446, which permits a defendant to remove a case to federal court if it presents a federal question. The amended complaint raised civil rights issues, on top of the earlier breach of contract action in the 2018 complaint.
Flagler College, Inc. removed the case to federal court Wednesday, November 13, 2019 after Dr. Jaeckle moved earlier that day for a default judgment because Flagler College missed the 20 day deadline for answering her amended complaint.
St. Johns County Circuit Court Judge R. Lee Smith granted Dr. Jaeckle's November 13, 2019 motion for judicial default on November 14, 2019; the default motion has been referred to federal magistrate judge Monte C. Richardson.
The federal court could take swift action, upholding the default judgment ordered by Judge Smith and ordering a jury trial on damages, with liability determined by default.
The case of Dr. Tina Jaeckle v. Flagler College Inc. is now assigned to United States District Judge Timothy Corrigan.
Footnote: when Flagler College President JOSEPJ JOYNER was St. Johns County School Superinendent, Judge Corrigan ruled against JOYNER in the Drew Adams trans bathroom case, now on appeal to the 11th Circuit Court of Appeals in Atlanta.
There has been no response from Flagler College President JOSEPH JOYNER to the telephone message that I left for him six (6) days ago.
Here is the Fedeal Court docket:
U.S. District Court
Middle District of Florida (Jacksonville)
CIVIL DOCKET FOR CASE #: 3:19-cv-01323-TJC-MCR
Jaeckle v. Flagler College, Inc.
Assigned to: Judge Timothy J. Corrigan
Referred to: Magistrate Judge Monte C. Richardson
Case in other court:
In the Circuit Court, Seventh Judicial Circuit, 55-18-CA-886-A0-00XX
Cause: 28:1441 Notice of Removal-Breach of Contract
Date Filed: 11/13/2019
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Tina Jaeckle
represented by
Ryan Williams
Coastal Law Group
105 Solana Road, Suite C
Ponte Vedra Beach, FL 32082
904/930-4100
Fax: 904/422-0999
Email: rwilliams@lawpvb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant
Flagler College, Inc.
represented by
Robert Jacob Sniffen
Sniffen & Spellman, PA
123 N Monroe St.
Tallahassee, FL 32301-1509
850/205-1996
Fax: 850/205-3004
Email: rsniffen@sniffenlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Barclay Fountain
Sniffen & Spellman, PA
123 N Monroe St.
Tallahassee, FL 32301-1509
850/205-1996
Fax: 850/205-3004
Email: lfountain@sniffenlaw.com ATTORNEY TO BE NOTICED
Michael P. Spellman
Sniffen & Spellman, PA
123 N Monroe St.
Tallahassee, FL 32301-1509
850/205-1996
Fax: 850/205-3004
Email: mspellman@sniffenlaw.com ATTORNEY TO BE NOTICED
COMPLAINT and NOTICE OF REMOVAL from In the Circuit Court of the Seventh Judicial Circuit in and for St. Johns County, Florida, case number 55-2018-CA-000886-A0-00XX filed in State Court on July 17, 2018. Filing fee $ 400, receipt number 113A-16139756 filed by FLAGLER COLLEGE. (Attachments: # 1 State Court COMPLAINT Exhibit 1 - Amended Complaint, # 2 State Court Pending Motions Exhibit 2 - Plaintiff Motion for Default, # 3 State Court Docket Sheet Exhibit 3 - Docket Sheet, # 4 State Court Other Documents Exhibit 4 - Other State Court Documents, # 5Civil Cover Sheet Exhibit 5 - Civil Cover Sheet)(Spellman, Michael) (Entered: 11/13/2019)
NOTICE of Filing Civil Cover Sheet by FLAGLER COLLEGE re 1 Notice of Removal (Spellman, Michael) Modified to edit text on 11/14/2019 (KKH). (Entered: 11/13/2019)
11/13/2019
3
NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Monte C. Richardson. New case number: 3:19-cv-1323-J-32MCR. (SJB) (Entered: 11/13/2019)
COMPLAINT against Flagler College, Inc. with Jury Demand, originally filed on 7/17/2018 in the Seventh Judicial Circuit, St. John's County, case #2018-CA-886 filed by Tina Jaeckle. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(KKH) (Entered: 11/14/2019)
MOTION for Judicial Default, originally filed on 11/13/19 in the Seventh Judicial Circuit, St. John's County by Tina Jaeckle. (KKH) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 11/14/2019)
Here is the earlier article from this blog, only six (6) days ago, from Saturday, November 9, 2019:
Saturday, November 09, 2019
WHISTLEBLOWER RETALIATION: JOEL BOLANTE COMMITTED SEXUAL HARASSMENT -- FLAGLER COLLEGE COVERED IT UP, FIRED VICTIM, WRONGFUL TERMINATION LAWSUIT ALLEGES
FLAGLER COLLEGE allegedly fired a highly-rated professor who reported about sexual harassment of herself and students by Professor JOEL BOLANTE, who has since been promoted as director of its "Public Administration" program, which receives local government funds to educate government employees. BOLANTE is the former UnderSheriff of the St. Johns County Sheriff's Department, who was intimately involved in the coverup of the September 2, 2010 murder of Ms. Michelle O'Connell in the home of St. Johns County Sheriff's Deputy JEREMY BANKS.
FLAGLER COLLEGE has no tenure, no union and lacks respect for free speech: it has been run like a big 'ole Southern plantation, under the thumb of WILLIAM LEE PROCTOR, Chancellor, former state representative and Republican Lord of All He Surveys.
So it's not at all surprising that when one of its Public Administration professors, former St. Johns County UnderSheriff JOEL BOLANTE was accused of sexual harassment, Flagler College did no investigation and fired the alleged victim. Now the case is pending in St. Johns County Circuit Court, awaiting a jury trial before the Honorable R. Lee Smith.
The lawsuit was recently amended, with some 130 pages of documents on the Circuit Court's website, alleging civil rights violations and breach of contract.
Flagler College allegedly promoted JOEL BOLANTE was promoted after the sexual harassment allegations. I've reached out to Flagler College President Joseph Joyner and will report his comments if he calls me back.
(Photo credit: Flagler Live)
There's Sheriff DAVID SHOAR's then-UnderSheriff, JOEL BOLANTE, center, alleged tortfeasor, with 7th Circuit State's Attorney RALPH JOSEPH LARIZZA, left, helping pick Dr. PREDRAG BULIC, M.D., (the 23rd District Medical Examiner who helped cover up the September 2, 2010 murder of Michelle O'Connell in the home of Sheriff's Deputy JEREMY BANKS, at the behest of Sheriff DAVID SHOAR, who legally changed his name from "HOAR" in 1994).
FLAGLER COLLEGE was founded with funds from the heirs of HENRY MORRISON FLAGLER, the Big Oil baron who founded Florida East Coast Railroad and was responsible for the business plan of Standard Oil Company, now Exxon, which created the international oil cartel and bears responsibility for global climate change.
It actually has a "Vice President" in charge of "Marketing and Communications."
Imagine what that says about the place -- a "Vice President" for "Marketing?"
Here's an article from News4Jax:
Ex-Flagler College professor claims she was fired after reporting misconduct allegations
ST. AUGUSTINE, Fla. - A former assistant professor at Flagler College is suing the private school, claiming she was fired in retaliation after she accused another faculty member of sexual misconduct.
According to the lawsuit, in Feb. 2018, Tina Jaeckle brought to the school's attention allegations of sexual misconduct by Joel Bolante, who at the time was Flagler's director of investigations into sexual misconduct. Jaeckle told the school that Bolante "maintained inappropriate sexual relationships with students, which created a power imbalance between professor and student thereby creating a discriminatory and hostile education environment on the basis of sex."
Bolante joined Flagler College after retiring from the St. Johns County Sheriff's Office. The lawsuit says multiple third parties warned the school about Bolante's behavior, but that an investigation was never conducted.
According to the suit, an investigation into Jaeckle was opened a month after she came forward with the allegations against Bolante. The investigation into Jaeckle said her class attendance was poor, that she was canceling classes to attend outside activities and was teaching at another institution without prior approval. Jaeckle was not interviewed by Flagler College, and was fired in June 2018.
In 2017, she had a performance review that gave her a 5/5 and noted "very meaningful contributions to the criminology program," and she was reappointed to the faculty. Jaeckle had been a professor at Flagler College since 2003, records show.
The lawsuit seeks in excess of $15,000. A response from Carol Branson, Flagler College's vice president for marketing and communications, reads:
"This is an active legal proceeding, so unfortunately, I am unable to provide a comment on the lawsuit at this time."
Copyright 2019 by WJXT News4Jax - All rights reserved.
Here's Dr. Jaeckle's bio:
Dr. Tina Jaeckle
Assistant Professor in the Social and Behavioral Sciences at Flagler College
Dr. Tina Jaeckle received Bachelor of Science Degree from Florida Southern College in Lakeland, Florida in Criminology and Sociology in 1990 and completed a Master's Degree in Social Work from the University of Houston in 1995. She has been a Licensed Clinical Social Worker in Florida for approximately 18 years. Dr. Jaeckle also completed a second Master's of Science Degree in Criminal Justice with a specialty track in the Behavioral Sciences from Nova Southeastern University. In 2007, she completed a Ph.D. in the Humanities and Social Sciences with a major in Conflict Analysis and Resolution (specialty in conflict and crisis management) from the same institution. Dr. Jaeckle is presently an Assistant Professor in the Social and Behavioral Sciences at Flagler College in St. Augustine, Florida. She is a Florida Supreme Court Certified Family and Dependency Mediator and a Primary Trainer and Substantive Expert in the areas of family dynamics, domestic violence, child abuse, and effectively managing crisis issues within high-conflict families. Dr. Jaeckle is board certified in both emergency crisis response and bereavement trauma through the American Academy of Experts in Traumatic Stress and holds Diplomate status with the same organization. Additionally, Dr. Jaeckle is a member of the American Red Cross Mental Health Crisis Team; serves as the mental health training consultant for the St. Johns County Sheriff's Department and crisis hostage/negotiation unit and crisis intervention team; is a visiting professor at the FBI National Academy in Quantico, Virginia; serves as the chair of the crisis intervention section of the Association for Conflict Resolution; and is an active member of the FBI's Future's Working Group and the Homicide Research Working Group. She completed her dissertation research on the trauma and cultural representations of conflict and crisis among the Sudanese Dinka political refugees who have resettled in Jacksonville, Florida. Contributions to the National Center of Crisis Management
It is my intention to serve on the Speaker's Bureau for the National Center for Crisis Management as well as provide at least one article for publication online or in the organization's regular journal magazine. I am also open to discussing additional opportunities as appropriate. Tina Jaeckle, Ph.D., L.C.S.W.
Dr. Tina F. Jaeckle
Ponte Vedra Beach, FL
Profession: Clinical Social Work; Trainer
Certifications
Diplomate, American Academy of Experts in Traumatic Stress
Fellow, National Center for Crisis Management
Board Certified in Emergency Crisis Response
Board Certified in Bereavement Trauma
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