05-1444 MATAR V. FIU

SUPREME COURT CASES

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State: Florida

Court: Florida Third District Court

Docket No: 05-1444 MATAR V. FIU

Case Date: 12/13/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2006

AZIZ MATAR, Appellant, vs. FLORIDA INTERNATIONAL UNIVERSITY, Appellee.

** ** ** ** ** ** CASE NO. 3D05-1444

Opinion filed December 13, 2006. An Appeal from Final Agency Action of Florida International University. Lisa S. Walsh, for appellant. Hinshaw & Culbertson Lauderdale, for appellee. LLP, and James H. Wyman, Ft.

Before, COPE, C.J., and FLETCHER and ROTHENBERG, JJ. ROTHENBERG, Judge. Aziz Matar ("Mr. Matar") appeals his expulsion from Florida International University ("FIU") upon FIU's determination that Mr. Matar engaged in academic misconduct. Because the evidence

more

than

amply

supports

FIU's

ultimate

determination

and

because Mr. Matar failed to demonstrate any material error in the underlying academic grievance proceeding, we affirm. Mr. Matar was a student at FIU's construction management program. During the spring semester of 2005, Mr. Matar enrolled

in BCN 4910 Senior Project ("Course"), a course required for a bachelor's degree in construction management. As part of the

Course, each student was required to develop his or her own hypothetical construction company. On March 2, 2005, Mr. Matar submitted his midterm project for the Course, comprised of a large document setting forth the details of his hypothetical construction company. After

reviewing Mr. Matar's project, the instructor for the Course, Professor Gene Farmer ("Prof. Farmer"), concluded that portions of Mr. Matar's midterm project were identical to a project that had been submitted by other students the previous semester.

Prof. Farmer also suspected that the architectural office plan drawings and a construction cost estimate submitted were not prepared by Mr. Matar. On March 9, 2005, Prof. Farmer met with Mr. Matar in the presence of the Chairman of the Construction Management

Department, Dr. Irtishad Ahmed, confronted Mr. Matar with the allegations, and informed him that a formal academic misconduct charge would be filed against him. Accordingly, on March 17,

2

2005,

Prof. and

Farmer

filed that

the Mr.

formal Matar

charge had

of

academic other

misconduct

alleged

plagiarized

students' work, submitted work that was not prepared by him, and violated the class academic honesty pledge signed by him. Prof.

Farmer indicated that because Mr. Matar previously received an "F" in a structures course as a result of being caught cheating, he felt it was best to resolve the matter via a formal charge of academic misconduct. On March 18, 2005, the Vice-Provost for Academic Affairs, Kenneth E. Johnson ("Vice-Provost"), sent Mr. Matar a certified letter advising him of the charge of academic misconduct by Prof. Farmer. The Vice-Provost enclosed a copy of the 2004-2005

FIU Student Handbook ("Handbook"), specifically directing Mr. Matar to read the Code of Academic Integrity ("Code") section of the Handbook, and also enclosed a copy of the materials

detailing the allegations.

The Vice-Provost specified that the

matter could not be resolved through an informal resolution and requested that Mr. Matar inform him, in writing, whether he would like to have the matter resolved by administrative

disposition, administrative hearing, or by a University Academic Conduct included Review the Board contact ("Review Board") for hearing. Margaret The Cuchel letter ("Ms.

information

Cuchel") in the Vice-Provost's office should Mr. Matar have any questions.

3

On

March

28,

2005,

Mr.

Matar

contacted

Ms.

Cuchel

by

telephone to inform her that he wished to have his case resolved by an administrative hearing. Ms. Cuchel corresponded via e-

mail with Mr. Matar, Prof. Farmer, and the Vice-Provost in order to confirm the administrative hearing and to set the date for April 7, 2005. That same afternoon, Mr. Matar wrote Ms. Cuchel

an e-mail stating "i spoke with profeesor farmer from an hour ago and he will resolve this situation with dr. jhonsen without a hearing" [sic]. that the Ms. Cuchel responded to Mr. was Matar and

specified

administrative

hearing

nonetheless

proceeding as scheduled on April 7, 2005. The April 7, 2005 hearing was held with Mr. Matar, Prof. Farmer, and the Vice-Provost in attendance. Prof. Farmer

presented evidence and testified that Mr. Matar had engaged in cheating, plagiarism, and academic dishonesty. During Prof.

Farmer's testimony, Mr. Matar attempted to comment but the ViceProvost told him to wait until it was his time to present his side of the story, and directed Mr. Matar to address his

comments to him, not to Prof. Farmer. In response to the evidence, Mr. Matar admitted that he had hired an architect to render drawings for the design of the office but argued that he was only doing what a contractor would do in "the real ten world." percent of He a also senior admitted project that he used the

approximately

submitted

4

previous semester by other students. enrolled in the course taken by

He explained that he was these other students the

previous semester, and participated with them on the previous group project. Mr. Matar claimed that although he dropped the

class after two weeks, he continued working with the group as he intended to submit the group's ultimate plan the next semester when he re-took the class. After Mr. Matar's presentation of the evidence, the ViceProvost asked him if there was anything he wished to add. response, matter. Mr. Matar the asked that he not had be penalized Mr. in In the

After

proceedings

concluded,

Matar

requested to ask a question of Prof. Farmer. responded "No questions for Professor Farmer. Matar, therefore, directed his question to

The Vice-Provost Ask me." Mr.

the

Vice-Provost, The

which was whether he could take his project book with him. Vice-Provost responded negatively and concluded the hearing.

On April 14, 2005, the Vice-Provost issued his decision, finding that Mr. Matar had engaged in plagiarism, cheating and collusion, and expelled Mr. Matar from FIU. The Vice-Provost

advised Mr. Matar that he had the right to appeal the decision to the President his of FIU as outlined remedies, in the Code. After the

exhausting

administrative

Mr.

Matar

filed

instant appeal.

5

In

this

appeal,

Mr.

Matar

argues

that

his

due

process

rights were violated because (1) formal review proceedings were improperly waived; (2) he was precluded from confronting or

cross-examining his accuser; (3) he was improperly deprived of proceeding in an informal review process; and (4) the penalty was too severe. Section 120.68, Florida Statutes, provides that "[a] party who is adversely affected by final agency action is entitled to judicial review."

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