Ali v. Stetson University, Inc.

• Decision Date: 08 October 2004
• Docket Number: No. 6:03-CV-975-ORI28.,6:03-CV-975-ORI28.
• Citation: 340 F.Supp.2d 1320
• Parties: Syed Joseph Sadek ALI, Plaintiff, v. STETSON UNIVERSITY, INC., Defendant.
• Court: U.S. District Court — Middle District of Florida

340 F.Supp.2d 1320

Syed Joseph Sadek ALI, Plaintiff, v. STETSON UNIVERSITY, INC., Defendant.

No. 6:03-CV-975-ORI28.

United States District Court, M.D. Florida, Orlando Division.

October 8, 2004.

Thomas J. Pilacek, John C. Palmerini, Thomas J. Pilacek & Associates, Winter Springs, FL, for Plaintiff.

Mark G. Alexander, Holland & Knight LLP, Jacksonville, FL, for Defendant.

ORDER

ANTOON, District Judge.

Plaintiff Syed Joseph Sadek Ali, through counsel, brings the instant action against Defendant Stetson University, Inc. ("Stetson") alleging breach of contract under the common law of the State of Florida and discrimination based upon race, ancestry, and ethnic characteristics in violation of 42 U.S.C. § 1981. Plaintiff claims that Stetson suspended and ultimately expelled him from school on the basis of his race, ancestry, and ethnic characteristics and that it breached its contract with him by failing to adhere to procedures contained in its campus life handbook. This cause is before the Court on Stetson's Motion for Summary Judgment. (Doc. 27, filed July 16, 2004).¹ Upon consideration of Stetson's motion, the record in this matter, and pertinent case law, the Court grants Stetson's motion on Plaintiff's claim under § 1981 and, pursuant to 28 U.S.C. § 1367(c)(3), declines to exercise supplemental jurisdiction over Plaintiff's breach of contract claim.

I. Background

Unless otherwise indicated, the following facts are undisputed. Plaintiff, an Iranian-American male, attended Stetson from August 2000 until he was suspended on February 22, 2002. To date, Plaintiff has not resumed his studies at Stetson.

A. Plaintiff's Interim Suspension

The incident that gave rise to Plaintiff's initial suspension occurred on September 2, 2001. Plaintiff and a friend, Alex Mansur, were driving on Daytona Beach when they were approached by an unspecified number of individuals riding all-terrain vehicles. Plaintiff exchanged words with one of the individuals, leading to an altercation which culminated in Plaintiff removing a handgun from underneath his seat. (Ali Dep., Doc. 27 Ex. 1 at 28-29). The individuals filed a complaint with the police and a felony warrant was issued for Plaintiff's arrest. On February 19, 2002, Plaintiff was arrested for aggravated assault with a firearm and held on $50,000 bond.

University administrators at Stetson subsequently received a report informing them of Plaintiff's arrest and the amount of his bond. On February 27, Stetson's Dean of Students, Michelle Espinosa, and Stetson's Vice President for Administration, Dr. James Beasley, placed Plaintiff on interim suspension pursuant to Articles II(B)² and III(E)³ of Stetson's Code of Conduct and also charged him with violating Article II(C)(2)(a) of the code entitled "Threats and Endangerment." Dean Espinosa testified that she and Dr. Beasley decided to suspend Plaintiff because they would "not... have a student on [their] campus who ... has been charged with aggravated assault with a deadly weapon [and who is being held] on $50,000 bond." (Espinosa Dep., Doc. 27 Ex. 5 at 61).

In March 2002, the state formally charged Plaintiff with the misdemeanor offense of improper exhibition of a weapon rather than with the felony offense for which he was arrested. (Ali Dep., Doc. 27 Ex. 1 at 79). Shortly thereafter, negotiations between Stetson and Plaintiff ensued. On March 26, 2002, Stetson presented Plaintiff with the first of two proposed agreements which would have allowed him to return to school and resume his studies. Plaintiff rejected the first proposed agreement because it included a provision requiring him to relinquish his concealed weapons permit. On April 26, 2002, Stetson responded by presenting Plaintiff with a second proposal which would have permitted him to retain his concealed weapons permit but required Plaintiff to agree that he would "never bring a weapon on campus." Plaintiff also rejected this proposal. (Ali Dep., Doc. 27 Ex. 1 at Ex. 4).

On May 13, 2002, the state nolle prosequied the misdemeanor charge against Plaintiff. Consequently, Stetson dropped its "Threats and Endangerment" charge against him.

B. Plaintiff's Continued Suspension

Because Plaintiff refused to agree to refrain from bringing a weapon on campus, however, Stetson charged Plaintiff with violating three additional provisions of its Code of Conduct, including Article II(C)(1)(d)⁴ ("Respect for the Laws") and Article II(C)(2)(c)⁵ ("Respect for Others"). As a result, Plaintiff's suspension remained in effect following resolution of his criminal charge.

Plaintiff claims that the charges under Article II(C)(1)(d) and Article II(C)(2)(c) were based on what he considers to be a false allegation by Stetson that he admitted to carrying a gun on campus. (Doc. 35 at 4). Plaintiff has, however, admitted to carrying a gun on Stetson's campus on at least one occasion. (Ali Dep., Doc. 27 Ex. 1 at 108). Also, Stetson contends that its decision to continue Plaintiff's suspension was based, not on Plaintiff's admission of prior misconduct, but on his "continual refusal" to sign an agreement not to violate, as well as statements he made suggesting that he would not comply with, the university's code of conduct in the future. (Doc. 27 at 7-8).

An internal judicial hearing was scheduled for July 2, 2002 to resolve Stetson's outstanding charges against Plaintiff, but on June 28, 2002, Plaintiff requested that the hearing be postponed. On July 16, 2002, the hearing took place and Stetson's Administrative Judicial Board found that Plaintiff violated all the provisions under which he was charged. Accordingly Plaintiff was placed on disciplinary suspension, excluding him from the University until such time as he agreed to comply with all of Stetson's policies.

On August 6, 2002, Plaintiff filed an appeal of the Administrative Judicial Board's decision. (Doc. 1 Ex. M). Stetson's handbook provides that "[a] time and place for an appeal hearing shall be set as soon as practical" and that "[i]f the Board is unable to meet during the semester in which the alleged offense occurred, the appeal hearing shall take place no later than the fifth day of class the next semester."⁶ (Doc. 27 Ex. B at 76). The University Appellate Board heard Plaintiff's appeal on April 8, 2003 and issued its decision upholding Plaintiff's disciplinary suspension on April 21, 2003. (Doc. 35 at 8).

C. Plaintiff's Grievance

On February 27, 2002, five days after his initial suspension, Plaintiff filed a grievance with the university against Dean Espinosa. (Doc. 1 Ex. B). Plaintiff complained, among other things, that Espinosa failed to speak to Alex Mansur about the events leading to Plaintiff's arrest on September 2, 2001. Plaintiff also complained that, since he had not been charged with a crime, Stetson was not authorized to suspend him. (Doc. 1 Ex. B at 2; Doc. 35 at 6). According to Stetson's handbook, the University Grievance Council is responsible for investigating complaints and for issuing a "written report of [its] ... investigation ... within 30 days of receiving the complaint." (Doc. 35 Ex. B at 55). On April 8, 2002, Plaintiff filed another grievance against Stetson for failure to respond to his initial complaint within 30 days after it was filed. (Doc. 1 Ex. E; Doc. 35 at 6). The Grievance Council issued its report regarding Plaintiff's first grievance on May 20, 2002, more than 80 days after it was filed. (Doc. 35 at 6).

Plaintiff appealed the Grievance Council's decision on June 7, 2002. (Doc. 35 at 7). According to Stetson's handbook, a hearing with the Staff Grievance Committee, which reviews the Grievance Council's findings, should be convened within 30 days of the request. (Doc. 35 Ex. B at 57). Plaintiff's hearing was convened on September 4, 2002, nearly three months after his request. (Doc. 35 at 7).

II. Summary Judgment Standards

Summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). The moving party bears the burden of establishing that no genuine issues of material fact remain. Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In ruling on a motion for summary judgment, the Court construes the facts and all reasonable inferences therefrom in the light most favorable to the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, summary judgment is mandated "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. 2548. "[A]t the summary judgment stage, the judge's function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson, 477 U.S. at 249, 106 S.Ct. 2505.

When faced with a "properly supported motion for summary judgment, [the nonmoving party] must come forward with specific factual evidence, presenting more than mere allegations." Gargiulo v. G.M. Sales, Inc., 131 F.3d 995, 999 (11th Cir.1997). "The evidence presented cannot consist of conclusory allegations or legal conclusions." Avirgan v. Hull, 932 F.2d 1572, 1577 (11th Cir.1991); see also Fed.R.Civ.P. 56(e) (providing that the nonmovant's response "must set forth specific facts showing that there is a genuine issue for trial").

III. The Merits of Defendant's Motion

A. Plaintiff's Claim Under § 1981

Plaintiff claims that Stetson discriminated against him in violation of § 1981 both when it placed him on interim suspension following his arrest and when it acted to continue his suspension after the criminal charge against him...