Dr. Aysar Philip SUSSAN, Appellant,
v.
NOVA SOUTHEASTERN UNIVERSITY, Appellee.
District Court of Appeal of Florida, Fourth District.
John F. Phillips, Fort Lauderdale, for appellant.
Justin M. Senior of Panza, Maurer, Maynard & Neel, P.A., Fort Lauderdale, for appellee.
STEVENSON, J.
Dr. Aysar Sussan appeals an order dismissing his complaint for failure to state a cause of action under the Private Whistle Blower Act. We affirm.
Sussan, a former testing specialist at Nova Southeastern University, informed his supervisor that other employees were stealing funds from the testing center. When the supervisor failed to investigate the allegations, Sussan reported the matter to the Acting Dean. Subsequently, a representative of the University notified Sussan that the University investigated his allegation but determined that there was no evidence of intentional stealing or embezzlement from the testing center. Shortly thereafter, Sussan wrote a letter to the Acting Dean claiming his supervisor had begun harassing and discrediting him because he had exposed the supervisor's failure to investigate the alleged theft. Nova terminated Sussan three months later for insubordination, and Sussan sued the University seeking protection under section 448.102(3), Florida Statutes (1997), of the Private Whistle Blower Act.
Section 448.102, provides:
An employer may not take any retaliatory personnel action against an employee because the employee has:
. . . . .
(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.
Sussan argues that pursuant to Martin County v. Edenfield,
Accordingly, we affirm the trial court's determination that Sussan failed to state a cause of action under the Private Whistle Blower Act.
AFFIRMED.
DELL, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
