Writ of Mandamus Complaint

IN THE CIRCUIT COURT

 

REDACTED,

 

Petitioner,                                                            CASE NO:

 

v.

 

BOARD OF TRUSTEES OF THE

REDACTED,

 

Respondent.

 

_____________________________________/

 

VERIFIED COMPLAINT FOR WRIT OF MANDAMUS

Petitioner Redacted hereby files this action for the issuance of a writ of mandamus, pursuant to Florida Rule of Civil Procedure 1.630, and requests that such writ issue against The Redacted (“REDACTED”) and alleges:

  1. This is an action for a writ of mandamus pursuant to Florida Rule of Civil Procedure 1.630.
  2. Petitioner was a student at REDACTED (Tampa campus) who completed all required coursework to earn the degree of Masters, paid for all said coursework, and should have received the same in May 2003.
  3. Respondent was at all times material to this complaint a public school located in Tampa Florida.
  4. This Court has jurisdiction to issue a writ of mandamus pursuant to Article V § 5(b) of the Florida Constitution.
  5. Venue is appropriate.
  6. Although Petitioner completed all required coursework to earn her degree and paid for all classes taken, REDACTED has repeatedly denied to issue her a diploma.
  7. Petitioner was never provided with a hearing on her denial of a diploma, nor has she ever been provided with a specific reason for her denial of the same.
  8. The denial of a diploma amounts to a disciplinary action without due process.  See  Woody v. Burns, 188 So.2d 56 (Fla. 1st DCA 1966) (Before tax supported college or university may expel a student for misconduct, it must afford him due process by giving him notice of specific charges and grounds which if proved would justify expulsion under duly established regulations and grant him fair hearing with opportunity to present evidence in his defense before duly established disciplinary body, organized and operated by well defined procedure, and give results and findings of hearing by report open to the student’s inspection).
  9. The petitioner is entitled to specific notice as to the reasons for the denial of her diploma and, thereafter, a hearing on the reasons for her denial of a diploma. See Id.

WHEREFORE, Petitioner respectfully requests that the Court grant her petition and order the Respondent to:

a.              provide her with the reasons for her denial of diploma, giving her notice of specific charges and grounds which if proved would justify denial of said diploma,

b.              grant her a fair hearing with opportunity to present evidence in her defense before duly established disciplinary body, organized and operated by well defined procedure, and give results and findings of hearing by report open to Petitioner’s inspection,

c.             for an award of attorneys fees and costs and all other relief deemed necessary, and

d.              for an award of Petitioner’s diploma.