ERICA HARDISON,
v.
FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY, APPELLEE
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Erica Hardison appeals her disciplinary sanctions from Florida A&M University for violations of the Student Code of Conduct arising from a physical altercation with her former roommate. The court affirmed violations for affray and disorderly conduct but reversed the assault and battery conviction because the University failed to address Hardison's self-defense claim.
The court reversed the assault and battery violation because the University's findings did not address whether Hardison's conduct was unlawful, as required by the definition of assault and battery. The court remanded for the University to vacate this violation and strike associated penalties. The court affirmed the violations for affray and disorderly conduct as supported by substantial evidence.
[1] A disciplinary violation for assault and battery requires a finding that the application of force was unlawful.
[2] A claim of self-defense, if supported by evidence, can render the application of force lawful.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“That offense is defined in Florida Administrative Code Rule 6C3-2.012(10)(b) as 'the unlawful and intentional application of force to the person of another.' Yet the panel made no finding of fact that Hardison's conduct was unlawful, which is essential in light of the fact that Hardison testified that she had grabbed Aluko's arm in self-defense, a defense recognized as a lawful application of force.”
Establishes the critical deficiency in the panel's findings—failure to address the unlawfulness element of assault and battery, especially given the self-defense claim
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHardison and Aluko, former roommates at the University, had a physical altercation when Aluko came to retrieve a table from their former room. Aluko t…
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PER CURIAM.
This is an appeal from a final order imposing disciplinary sanctions on appellant, Erica Hardison, for three charged violations of Florida Agricultural and Mechanical University’s Student Code of Conduct. We affirm the violations as they relate to the offenses of affray and disorderly conduct, in that they are supported by competent, substantial evidence, but reverse as to the violation charging assault and battery, and remand the case to appellee with directions.
Erica Hardison and Mary Ann Aluko were students at the University and roommates until they were directed to move to different rooms. Aluko testified that when she went to their former room to obtain a table, an argument ensued between her and Hardison; that Hardison began cursing her and then grabbed Aluko’s arm, whereupon Aluko hit Hardison. A friend of Hardison’s ran up and tried to stop the fight, but the two continued on until Hardison ran outside to the office.
Hardison testified to the contrary that Alu-ko called her upstairs and began cursing and yelling at her; and that Aluko pushed her in the face, leading Hardison to back away, saying, “Please do not touch me.” Aluko continued cursing and attempted to push Hardison again, whereupon Hardison grabbed Aluko’s hand, but Aluko scratched her face with her other hand and continued to push her. As they moved into the hall, Hardison again grabbed Aluko, until her friend ran upstairs and broke up the fight. Hardison ran outside to the office with Aluko in pursuit, still cursing her. At the conclusion of the hearing, the University hearing panel issued a recommended order finding that Hardison had committed the three alleged violations, and made the following applicable findings:
8. Mary Ann Aluko admitted that she slapped Erica Hardison.
9. Erica Hardison admitted that she grabbed Mary Ann Aluko’s arm.
10. That after hearing the testimonies in this case, Erica Hardison is guilty of Affray, Assault and Battery, and Disorderly Conduct.
The University adopted and incorporated the recommended order and imposed penalties on Hardison for each violation.
We conclude that the University’s final order in regard to the offense of assault and battery is invalid. That offense is defined in Florida Administrative Code Rule 6C3-2.012(10)(b) as “the unlawful and intentional application of force to the person of another.” Yet the panel made no finding of fact that Hardison’s conduct was unlawful, which is essential in light of the fact that Hardison testified that she had grabbed Aluko’s arm in self-defense, a defense recognized as a lawful application of force.1 Aluko testified that Hardison initiated the physical aggression; Hardison, on the other hand, swore that Alu-ko was the aggressor. Hardison specifically claimed that the only reason she grabbed Aluko two different times was to prevent Aluko from striking her and pushing her towards the stairs. Although the panel found in findings of fact numbered 8 and 9 that each woman admitted intentional application of force against the other, these findings do not resolve Hardison’s claim of self-defense.
The University contends that finding of fact number 10, finding Hardison guilty of assault and battery, constituted a sufficient finding that Hardison’s grabbing was unlawful. We cannot agree. Nothing in this or any other of its findings discloses that the panel considered and made a determination whether Hardison’s grabbing was unlawful, rather than done in self-defense.
We therefore reverse the violation for assault and battery and remand the cause with directions to the University to vacate such violation and to strike the penalties imposed thereon. We affirm the remaining two violations.
AFFIRMED in part, REVERSED in part, and REMANDED.
ERVIN, BENTON and PADOVANO, JJ., concur. . Section 776.012, Florida Statutes (1995), provides: "A person is justified in the use of force, except deadly force, against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.”