Gamma Phi Chapter of Sigma Chi Fraternity v. University of Miami

District Court of Appeal of Florida

Gamma Phi Chapter of Sigma Chi Fraternity v. University of Miami

703 So. 2d 497, 1997 Fla. App. LEXIS 14124, 1997 WL 786695

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1997

DocketNo. 97-3322

StatusPublished

Cited by1 cases

This text of 703 So. 2d 497 (Gamma Phi Chapter of Sigma Chi Fraternity v. University of Miami) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gamma Phi Chapter of Sigma Chi Fraternity v. University of Miami, 703 So. 2d 497, 1997 Fla. App. LEXIS 14124, 1997 WL 786695 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

We conclude that, as a matter of law, the sanctions — including a suspension of “rushing” — imposed by the University on the appellant fraternity by virtue of the letter of October 15, 1997 adversely affected its “substantial property, contract or other economic rights” and were based on an ex parte fact-finding process which was neither adequate nor fair. National Collegiate Athletic Ass’n v. Brinkworth, 680 So.2d 1081, 1084 (Fla. 3d DCA 1996), review denied, 690 So.2d 1299 (Fla.1997); Student Alpha ID no. Guja v. School Bd. of Volusia County, 616 So.2d 1011 (Fla. 5th DCA 1993); Rewolinski v. Fisher, 444 So.2d 54, 58 (Fla. 3d DCA 1984), review denied, 453 So.2d 43 (Fla.1984); Militana v. University of Miami, 236 So.2d 162 (Fla. 3d DCA 1970), cert. denied, 401 U.S. 962, 91 S.Ct. 970, 28 L.Ed.2d 245 (1971); see McCune v. Wilson, 237 So.2d 169 (Fla.1970), and cases cited; Suit v. Gilbert, 148 Fla. 31, 3 So.2d 729 (1941). The order below is therefore reversed and the cause is remanded with directions permanently to enjoin the efficacy and enforcement of those sanctions, without prejudice to the University’s institution and pursuit of properly conducted proceedings against the fraternity.

Reversed and remanded with directions.¹

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We conclude that, as a matter of law, the sanctions — including a suspension of “rushing” — imposed by the University on the appellant fraternity by virtue of the letter of October 15, 1997 adversely affected its “substantial property, contract or other economic rights” and were based on an ex parte fact-finding process which was neither adequate nor fair. National Collegiate Athletic Ass’n v. Brinkworth, 680 So.2d 1081, 1084 (Fla. 3d DCA 1996), review denied, 690 So.2d 1299 (Fla.1997); Student Alpha ID no. Guja v. School Bd. of Volusia County, 616 So.2d 1011 (Fla. 5th DCA 1993); Rewolinski v. Fisher, 444 So.2d 54, 58 (Fla. 3d DCA 1984), review denied, 453 So.2d 43 (Fla.1984); Militana v. University of Miami, 236 So.2d 162 (Fla. 3d DCA 1970), cert. denied, 401 U.S. 962, 91 S.Ct. 970, 28 L.Ed.2d 245 (1971); see McCune v. Wilson, 237 So.2d 169 (Fla.1970), and cases cited; Suit v. Gilbert, 148 Fla. 31, 3 So.2d 729 (1941). The order below is therefore reversed and the cause is remanded with directions permanently to enjoin the efficacy and enforcement of those sanctions, without prejudice to the University’s institution and pursuit of properly conducted proceedings against the fraternity.

Reversed and remanded with directions.¹

Cite This Page — Counsel Stack

Bluebook (online)

703 So. 2d 497, 1997 Fla. App. LEXIS 14124, 1997 WL 786695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamma-phi-chapter-of-sigma-chi-fraternity-v-university-of-miami-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack