Woody v. Burns

• Citation: 188 So.2d 56
• Decision Date: 21 June 1966
• Docket Number: No. H--379,H--379
• Parties: Oscar WOODY, Jr., Appellant, v. Hon. Haydon BURNS, Governor, Hon. Tom Adams, Secretary of State, Hon. Earl Faircloth, Attorney General, Hon. Broward Williams, Treasurer, and Hon. Thomas D. Bailey, State Superintendent of Public Instruction, as and constituting the State Board of Education of Florida, and the Board of Regents, a corporation, Appellee.
• Court: Florida District Court of Appeals

Page 56

188 So.2d 56

Oscar WOODY, Jr., Appellant, v. Hon. Haydon BURNS, Governor, Hon. Tom Adams, Secretary of State, Hon. Earl Faircloth, Attorney General, Hon. Broward Williams, Treasurer, and Hon. Thomas D. Bailey, State Superintendent of Public Instruction, as and constituting the State Board of Education of Florida, and the Board of Regents, a corporation, Appellee.

No. H--379.

District Court of Appeal of Florida, First District.

June 21, 1966.

Rehearing Denied July 21, 1966.

Richard J. Wilson, Gainesville, for appellant.

Earl Faircloth, Atty. Gen., and Sam G. Harrison, Jr., Asst. Atty. Gen., for appellee.

RAWLS, Chief Judge.

Oscar Woody, Jr. has appealed from an order of the circuit court quashing an alternative writ of mandamus by which the appellant was seeking an order requiring the University of Florida to admit him to the College of Architecture and Fine Arts.

Woody was admitted to the University of Florida as a junior, but on January 3, 1963 he was prevented from reregistering when he voluntarily disclosed that during the preceding trimester he had not taken the Art 207 course as he had been instructed to do by his department head and student advisor, Professor Grissom, who had refused to accept a Pensacola Junior College course as a substitute for the required Art 207. For this offense Woody was charged with altering a 'basic record of the university; that is, the course assignment card, without prior permission of Professor Grissom * * *.' The charge was heard by the Faculty Discipline Committee. Woody was present and testified that at his request the card was altered by Professor Ward, the faculty member who was authorized to make course changes during registration. On January 14, 1963 the Committee by split decision with the chairman casting the deciding vote found that 'Mr. Woody was not proven guilty of physically altering the Course Assignment Card * * * (but was) guilty of conduct unbecoming a University of Florida student in that he did knowingly cause a university record to be altered against the stated wishes of his Department Head.' The Committee recommended to Dr. J. Wayne Reitz, President of the University of Florida, that Woody be placed on disciplinary probation for the remainder of his undergraduate career, which recommendation was approved.

The Faculty Discipline Committee's decision was not appealed, but two days after rendition of same Woody petitioned to register late. This petition was acted upon and denied by the faculty committee of the College of Architecture and Fine Arts without granting notice and hearing to Oscar Woody. Woody remained out of school for the remainder of the trimester, but applied for enrollment at the commencement of the next succeeding trimester. This application was summarily denied by the University officials without notice or hearing. The matter was eventually brought before Dr. Reitz who informed Woody's attorney that the faculty committee took the position that Woody's failure to take Art 207 constituted a defiance of the college requirements and resulted in his disqualifying himself from further attendance in the college due to failure to maintain a satisfactory academic record. In affirming the committee's decision Dr. Reitz noted that the committee's action was influenced by the report of both departments that his conduct and behavior had created a disturbing influence in classes and his defiance of regulations and lack of cooperation had been demonstrated in situations prior to the incident relating to failure to register for Art 207. Thus, the faculty committee for the College of Architecture and Fine Arts when considering Woody's petition to register late, went beyond the question presented and expelled him permanently from that college. It made that decision without notice and hearing, and based same upon incidents which are not matters of record and upon which the student had never been given an opportunity to be heard.

In due course the matter was appealed to the Board of Regents. The hearing held by the Board was attended by Woody and his counsel who presented evidence showing that Woody had maintained a 'B' average at the University. The Board further heard the argument of Dr. Reitz to the effect that the faculty of the College of Architecture & Fine Arts 'did not wish Mr. Woody to continue as a student in that college' and that according to accepted university administration principles the faculty has the right to admit or exclude any student from its program because in awarding degrees it places its stamp of approval and recommendation on the individual. The Board affirmed the decision of the President to deny Woody further enrollment in the College of Architecture and Fine Arts Without prejudice to apply for enrollment in the other colleges of the University. This decision was subsequently affirmed by the State Board of Education, and Oscar Woody, Jr. filed his alternative writ of mandamus seeking to compel his admission for the following trimester. The alternative writ was quashed by the trial judge and this appeal followed.

The only point posed by this appeal is, Has ample administrative due process of law been afforded a student excluded from a state-supported institution of higher...