Daley v. State
| Decision Date | 23 June 1993 |
| Citation | 88 Ed.LawRep. 1269,869 S.W.2d 338 |
| Parties | 88 Ed. Law Rep. 1269 Lisa DALEY, Claimant/Appellant, v. STATE of Tennessee, Defendant/Appellee. |
| Court | Tennessee Court of Appeals |
David M. Sullivan, Memphis, for claimant/appellant.
Beauchamp E. Brogan, Gen. Counsel, University of Tennessee, Memphis, Catherine S. Mizell, Associate Gen. Counsel and Odell Horton, Jr., Asst. Gen. Counsel, for defendant/appellee.
Lisa Daley ("claimant") by and through her attorney filed a claim against the State of Tennessee ("State") with the Division of Claims Administration, seeking damages for the alleged negligent violation of her constitutional and statutory rights by the Honor Council of the University of Tennessee College of Pharmacy. The claim was transferred by the Division of Claims Administration to the Claims Commission, pursuant to T.C.A. § 9-8-402(c). Thereafter, claimant filed a formal complaint with the Claims Commission. The state filed a motion to dismiss, asserting that the rights of the claimant alleged to have been violated were not "statutory rights," thus the commission lacked jurisdiction to entertain the claim. The commissioner granted State's motion. The sole issue presented by this appeal is whether the commissioner erred in so doing. We find no error and affirm.
The pertinent facts as set out in claimant's complaint are as follows:
1. Plaintiff is a resident of Memphis, Shelby County, Tennessee.
2. At all times material and pertinent hereto, plaintiff was enrolled as a student in the College of Pharmacy at the University of Tennessee at Memphis.
3. On or about July 12, 1990, plaintiff received a letter dated July 10, 1990 from the University of Tennessee wherein she was given notice that she was being charged with a violation of the University's Honor Code. The letter contained a general allegation that she used, gave or received unauthorized aid during four examinations given during the spring 1990 term....
4. The University of Tennessee published an Honor Code that set forth the procedures by which allegations against students would be handled. In addition, the Honor Code set forth the duties and responsibilities of students, faculty and Honor Council members with respect towards the enforcement of the Honor Code....
5. Plaintiff alleges that the Notice of Charge against her was not brought in accordance with the mandatory procedure set forth in the University's Honor Code.
. . . . .
27. Plaintiff alleges that she would not have been charged with violating the University's Honor Code if the University's officers, agents, and employees had not negligently violated her rights as expressed in the University's Honor Code and her rights as guaranteed by the fourteenth amendment to the Constitution of the United States.
The remaining portions of claimant's complaint describe the provisions of the honor code that are to be followed when a student is accused of cheating and the resulting action taken by council members that she alleges were not in conformity with those provisions.
Article I, Section 17 of the State Constitution provides that: "Suits may be brought against the State in such manner and in such courts as the Legislature may by law direct." The state legislature, in T.C.A. § 9-8-307, codified the jurisdiction of the Tennessee Claims Commission as to what causes of action it might entertain involving money damages against the state. Claimant's cause falls clearly within subsection (a)(1)(N), which reads as follows:
Negligent deprivation of statutory rights, except for actions arising out of claims over which the civil service commission has jurisdiction ... 1
Claimant contends that a rational construction of the term "statutory rights" should include any enactment, whether legislative or administrative, that is given the force of law. On the other hand, State contends that the Honor Code of the School of Pharmacy of the University of Tennessee, set out in Chapter 1720-3-1 of the Rules and Regulations of the State, is a regulation, not a statute, and therefore does not fall within the parameters of § 9-8-307(a)(1)(N).
A statute permitting a suit against the state under the authority of Article I, Section 17 of the Constitution of Tennessee must be strictly construed and the jurisdiction cannot be enlarged by implication. Stokes v. University of Tennessee at Martin, 737 S.W.2d 545, 546 (Tenn.App.1987). The state cannot be subjected to suits by individuals unless the words of the act are so plain, clear and unmistakable as to leave no doubt of the...
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