Louis v. University of South Florida

District Court of Appeal of Florida

Louis v. University of South Florida

181 So. 3d 578, 2016 Fla. App. LEXIS 183, 2016 WL 66524

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2016

Docket2D14-4359

StatusPublished

Cited by1 cases

This text of 181 So. 3d 578 (Louis v. University of South Florida) 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

Louis v. University of South Florida, 181 So. 3d 578, 2016 Fla. App. LEXIS 183, 2016 WL 66524 (Fla. Ct. App. 2016).

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Opinion

ORDER TRANSFERRING CASE FOR CERTIORARI REVIEW IN THE CIRCUIT COURT FOR HILLS-BOROUGH COUNTY

ALTENBERND, Judge.

Jody Louis, a student at the University of South Florida (USF), appeals a final decision from USF imposing disciplinary sanctions against him for the violation of USF’s Student Code of Conduct. On appeal, he argues that his due process rights were violated at the formal disciplinary hearing for several reasons, including that all of the evidence introduced by USF was hearsay.

USF correctly argues that USF’s final decision is not appealable to this court. Rather, it is reviewable by certiorari in the appropriate circuit court because in making a final determination regarding disciplinary proceedings against a student, the university was acting pursuant to its authority under article IX, section 7(d) of the Florida Constitution and not as an “agency” as defined by the Administrative Procedure Act. See Rivera v. Univ. of S. Fla. St. Petersburg, 176 So.3d 363 (Fla. 2d DCA 2015); Decker v. Univ. of W. Fla., 85 So.3d 571 (Fla. 1st DCA 2012). In fairness to Mr. Louis, the final decision from the Assistant Vice President and Dean of Students at USF informed Mr. Louis that he had “the right to appeal” the decision to this court.

We transfer this case to the Thirteenth Judicial Circuit in and for Hillsborough County for treatment as a petition for writ of certiorari. See Fla. R. App. P. 9.040(b)(1). Following transfer, the circuit court can decide whether the briefing in this case is sufficient to facilitate certiorari review or whether it is necessary for the circuit court to order the filing of a proper petition and response.

VILLANTI, C.J., and LUCAS, J., Concur.

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ORDER TRANSFERRING CASE FOR CERTIORARI REVIEW IN THE CIRCUIT COURT FOR HILLS-BOROUGH COUNTY

ALTENBERND, Judge.

Jody Louis, a student at the University of South Florida (USF), appeals a final decision from USF imposing disciplinary sanctions against him for the violation of USF’s Student Code of Conduct. On appeal, he argues that his due process rights were violated at the formal disciplinary hearing for several reasons, including that all of the evidence introduced by USF was hearsay.

USF correctly argues that USF’s final decision is not appealable to this court. Rather, it is reviewable by certiorari in the appropriate circuit court because in making a final determination regarding disciplinary proceedings against a student, the university was acting pursuant to its authority under article IX, section 7(d) of the Florida Constitution and not as an “agency” as defined by the Administrative Procedure Act. See Rivera v. Univ. of S. Fla. St. Petersburg, 176 So.3d 363 (Fla. 2d DCA 2015); Decker v. Univ. of W. Fla., 85 So.3d 571 (Fla. 1st DCA 2012). In fairness to Mr. Louis, the final decision from the Assistant Vice President and Dean of Students at USF informed Mr. Louis that he had “the right to appeal” the decision to this court.

We transfer this case to the Thirteenth Judicial Circuit in and for Hillsborough County for treatment as a petition for writ of certiorari. See Fla. R. App. P. 9.040(b)(1). Following transfer, the circuit court can decide whether the briefing in this case is sufficient to facilitate certiorari review or whether it is necessary for the circuit court to order the filing of a proper petition and response.

VILLANTI, C.J., and LUCAS, J., Concur.

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Bluebook (online)

181 So. 3d 578, 2016 Fla. App. LEXIS 183, 2016 WL 66524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louis-v-university-of-south-florida-fladistctapp-2016.

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