JANET E. BOONE, APPELLANT,
v.
OFFICE OF THE PROVOST, FLORIDA INTERNATIONAL UNIVERSITY, APPELLEE

Fla. 3d DCA | 2006-02-08
No. 3D04-2791
Before WELLS and CORTINAS, JJ., and SCHWARTZ, Senior Judge.
920 So. 2d 702 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by a former student from a final order of the Provost of Florida International University which, following the determination of her department, dismissed her from the Anesthesiology Nursing Program. The order is affirmed because (a) the evidence more than amply supports the ultimate determination; and (b) any arguable defect in the underlying academic grievance process did not adversely affect her substantial rights to due process or otherwise. See § 120.68(7)(c), Fla. Stat. (2005); Carter v. Dep’t of Prof'l Regulation, Bd. of Optometry, 633 So. 2d 3, 6 (Fla.1994), and cases cited; Dep’t of Bus. Regulation, Div. of Pari-Mutuel Wagering v. Hyman, 417 So. 2d 671 (Fla.1982); Ames v. Dist. Bd. of Trs., Lake City Cmty. Coll., 908 So. 2d 1142 (Fla. 1st DCA 2005).

Affirmed.


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  • Aziz Matar v. Fla. Int'l Univ., 944 So. 2d 1153 (Fla. 3d DCA 2006)
    …ad, had FIU given him a specific waiver form. FIU’s failure to strictly “comply with the procedural requirements of the rule must be considered at most harmless error.” Ames, 908 So. 2d at 1144; see also Boone v. Office of Provost, Fla. Int'l Univ., 920 So. 2d 702, 702 (Fla. 3d DCA 2006)(affirming order of student’s dismissal because “any arguable defect in the underlying academic grievance process did not adversely affect her substantial rights to due process or otherwise”). Both FIU’s Code and Florida Admi…

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