Decker v. University of West Florida
2012 WL 1392660, 2012 Fla. App. LEXIS 6312, 85 So.3d 571 (2012)
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Rule of Law:
Disciplinary decisions made by a Florida state university are not considered 'agency action' under the Florida Administrative Procedure Act because universities derive their power to manage and regulate students from the Florida Constitution, not from general law. The proper method for judicial review of such decisions is a petition for a writ of certiorari in the appropriate circuit court, not a direct appeal to a District Court of Appeal.
Facts:
- Daniel Decker was a student at the University of West Florida.
- A university hearing panel found Decker guilty of cheating, a violation of the university's Academic Misconduct Code.
- As a disciplinary sanction, the panel suspended Decker from the university for two semesters.
- Decker appealed this decision internally to the university's provost.
- The provost upheld the hearing panel's decision, finalizing the two-semester suspension.
Procedural Posture:
- The Provost for the University of West Florida issued a final letter upholding Decker's suspension on August 19, 2011.
- Decker, as appellant, filed a notice of appeal with the Florida First District Court of Appeal.
- The University of West Florida, as appellee, filed a motion to dismiss the appeal, arguing it was both untimely and filed in an improper court.
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Issue:
Is a student disciplinary decision made by a state university, acting under its constitutional authority, considered final 'agency action' directly appealable to a District Court of Appeal under the Florida Administrative Procedure Act?
Opinions:
Majority - Padovano, J.
No. A student disciplinary decision by a state university is not final agency action directly appealable to a District Court of Appeal because the university's authority for such actions is derived from the Florida Constitution. The Florida Administrative Procedure Act (APA) defines an 'agency' as an entity acting pursuant to powers other than those derived from the constitution. Article IX, section 7 of the Florida Constitution grants the state university system the power to operate, regulate, and manage itself. Student discipline falls squarely within this constitutional grant of power. Therefore, when a university makes a disciplinary decision, it is not acting as an 'agency' under the APA, and its decisions are not subject to direct appeal to the district courts. The court distinguished prior cases allowing such appeals as they predated the 2002 constitutional amendment that created this new governance structure. The proper remedy is a petition for writ of certiorari to the circuit court.
Analysis:
This decision clarifies the proper jurisdictional path for judicial review of Florida state university disciplinary actions following the 2002 amendment to the Florida Constitution. It establishes that these universities, when exercising their constitutionally-derived management powers, are not 'agencies' for APA purposes, thereby funneling these cases to circuit courts for initial review. This holding affects students by requiring them to file a petition for certiorari in the circuit court, which involves a different standard of review than a direct appeal. The case solidifies the critical distinction in Florida administrative law between powers derived from statute versus those derived from the constitution.
