RICHARD MONTALVO, APPELLANT,
v.
UNIVERSITY OF MIAMI, A FLORIDA NOT-FOR-PROFIT CORPORATION, VENDULKA KUBALKOVA, INDIVIDUALLY, BRUCE BAGLEY, INDIVIDUALLY, AND AMBLER H. MOSS, JR., INDIVIDUALLY, APPELLEES
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A doctoral candidate who failed a comprehensive oral examination at the University of Miami sought money damages without exhausting available administrative remedies. The court affirmed summary judgment for the university, holding that the student failed to present evidence of bias or arbitrary decision-making and was required to pursue the available appeal process.
The court held that Montalvo failed to exhaust administrative remedies and presented no direct evidence of breach of fiduciary duty, bias, or arbitrary decision-making. Judicial review of academic performance determinations is limited to whether the decision was arbitrary and capricious, irrational, made in bad faith, or violated the Constitution or statute, and Montalvo's subjective disagreement with his grade does not meet this standard.
[1] A student seeking money damages from an educational institution for an academic failure must exhaust all available administrative remedies before filing suit.
[2] A student's subjective belief that an academic failure was undeserved does not, without more, constitute evidence of bias or animosity sufficient to excuse the failure to…
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Join FLexlaw to unlock all legal intelligence“judicial review of determinations of educational institutions regarding academic performance of their students is limited to questions of whether challenged determination was arbitrary and capricious, irrational, made in bad faith, or in violation of Constitution or statute”
Establishes the narrow standard of review for academic performance decisions by educational institutions
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Join FLexlaw to unlock all legal intelligenceRichard Montalvo was a doctoral candidate at the University of Miami's Graduate School of International Studies who failed a comprehensive oral examin…
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NESBITT, Judge.
Richard Montalvo, a doctoral candidate in the Graduate School of International Studies at the Umversity of Miami, failed by a unanimous vote, a comprehensive oral examination administered by an examining committee. Following the committee’s decision, Montalvo was immediately notified of his failure and given cogent reasons for the committee’s determination. He was formally advised he could retake the examination after the lapse of one year. Any reconstituted examining committee would have consisted of five professors, two of whom Montalvo would have been privileged to select, even from other institutions not connected with the university. Instead of exhausting this procedure, Montalvo filed an action seeking money damages. The trial court entered summary judgment in favor of the appellees.
Montalvo attempts to justify Ms failure to exhaust admimstrative remedies by arguing that his failure was due to bias and animosity directed toward him. He notes that earlier in his instruction there had been some confusion and disagreement within the faculty over the composition of his dissertation committee.
However, Montalvo points to no direct evidence demonstrating any breach of fiduciary duty toward him. In fact, he admitted in deposition that he had no knowledge or basis to assert he failed the exam because of what he alleged to be an “internal war” within the Graduate School of International Studies.
Consequently, there is nothing to support Montalvo’s claims other than his subjective opmion that he did not deserve the failmg grade he was given. See Benson v. Trustees of Columbia University, 215 A.D.2d 255, 626 N.Y.S.2d 495 (1995) (holding judicial review of determinations of educational institutions regarding academic performance of their students is limited to questions of whether challenged determination was arbitrary and capricious, irrational, made in bad faith, or in violation of Constitution or statute).
Affirmed.
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