Louis v. Univ. of S. Fla.

Full title: Jody LOUIS, Appellant, v. UNIVERSITY OF SOUTH FLORIDA, Appellee.

Court: District Court of Appeal of Florida, Second District.

Date published: Jan 6, 2016

181 So. 3d 578 (Fla. Dist. Ct. App. 2016)

Opinion

No. 2D14–4359.

01-06-2016

Jody LOUIS, Appellant, v. UNIVERSITY OF SOUTH FLORIDA, Appellee.

M. Stephen Stanfield, Gainesville, for Appellant. Thomas M. Gonzalez of Thompson, Sizemore, Gonzalez & Hearing P.A., Tampa, for Appellee.

ALTENBERND, Judge.

M. Stephen Stanfield, Gainesville, for Appellant.

Thomas M. Gonzalez of Thompson, Sizemore, Gonzalez & Hearing P.A., Tampa, for Appellee.

ORDER TRANSFERRING CASE FOR CERTIORARI REVIEW IN THE CIRCUIT COURT FOR HILLSBOROUGH 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.