85 So. 3d 571
Fla. Dist. Ct. App.2012Background
- Decker, a University of West Florida student, sought judicial review of a disciplinary sanction under the university's Academic Misconduct Code.
- The hearing panel found Decker guilty of cheating and suspended him for two semesters.
- Decker appealed to the provost; the provost upheld the panel's decision.
- The provost's August 2, 2011 decision was followed by a final-letter communications on August 19, 2011 informing Decker of his right to seek judicial review.
- Because the university acted under constitutional powers rather than general law, the order is not APA agency action and not appealable to the district court of appeal; proper remedy is certiorari in circuit court, with transfer of the timely notice of appeal to the circuit court for Escambia County.
- The notice of appeal was timely when treated as a petition for certiorari, and the circuit court is the proper forum for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the university decision qualifies as agency action under the APA | Decker's appeal should be reviewable under APA as final agency action | University acted under constitutional rather than general-law power, not an APA agency | No; not agency action under the APA |
| Whether the appeal was timely and properly filed | Notice of appeal timely to invoke appellate jurisdiction | Final order dated August 19, 2011; appealuntimely if measured from August 2, 2011 | Timely when measured from August 19, 2011; transfer appropriate |
| Proper forum for review of non-APA university decisions | Appeals belong in district court under APA | No APA agency action; certiorari in circuit court proper | Circuit court is proper forum for certiorari review |
| Appropriate remedy for non-APA university decision | Appeal as in other agency actions | Certiorari is proper remedy in circuit court | Certiorari in circuit court; case transferred accordingly |
Key Cases Cited
- Haines City Cmty. Dev. v. Heggs, 658 So.2d 523 (Fla. 1995) (certiorari review of final administrative decisions to circuit court)
- Sheley v. Fla. Parole Comm’n, 720 So.2d 216 (Fla. 1998) (parole decisions reviewed in circuit court absent APA agency status)
- Eckert v. Bd. of Com’rs of North Broward Hosp. Dist., 720 So.2d 1151 (Fla. 4th DCA 1998) (agency definition under APA limitations)
- Bryant v. Beary, 665 So.2d 385 (Fla. 5th DCA 1996) (agency status under APA)
- Smull v. Town of Jupiter, 854 So.2d 780 (Fla. 4th DCA 2003) (certainty of certiorari review when no general law provides appeal)
- Graham v. Haridopolos, 75 So.3d 315 (Fla. 1st DCA 2011) (university system governance authority)
- NAACP, Inc. v. Fla. Bd. of Regents, 876 So.2d 636 (Fla. 1st DCA 2004) (review of university-related decisions)
- Hardison v. Fla. A&M Univ., 706 So.2d 111 (Fla. 1st DCA 1998) (pre-Article IX guidance on university appeals)
- Wallace v. Fla. A&M Univ., 433 So.2d 600 (Fla. 1st DCA 1983) (pre-Article IX guidance on university appeals)
- Morfit v. Univ. of S. Florida, 794 So.2d 655 (Fla. 2d DCA 2001) (pre-Article IX guidance on university appeals)
- Abramson v. Fla. Intl. Univ., 704 So.2d 720 (Fla. 3d DCA 1998) (pre-Article IX guidance on university appeals)
- Matar v. Fla. Intl. Univ., 944 So.2d 1153 (Fla. 3d DCA 2006) (pre-Article IX guidance on university appeals)
- Heiken v. Univ. Cent. Florida, 995 So.2d 1145 (Fla. 5th DCA 2008) (pre-Article IX guidance on university appeals)
- Johnson v. Citizens State Bank, 537 So.2d 96 (Fla. 1989) (course for improper-remedy to proper forum)
- Citations in this opinion also include references to Florida Constitution articles, N/A (N/A) (authority for circuit-court certiorari transfer)