Florida Colleges and Universities: Institutions, Students, and Faculty

To discuss a college or university matter anywhere in Florida, call us at 850-567-8445 or fill in the message form on this page.

Private Colleges and Universities

We represent private colleges and universities in regulatory matters, including issues that arise before the Commission for Independent Education and audit or compliance questions, some of them tied to the receipt of federal funds, and for some private institutions we provide basic general counsel services.

The Commission licenses private postsecondary institutions in Florida and can discipline them. After an investigation, a probable cause panel of the Commission decides whether the case goes forward. If it does, the Commission may issue an administrative complaint and prosecute it under chapter 120. The penalties run from a written reprimand and fines of $100 to $5,000 for each violation to probation and revocation of the license, and the Commission can issue a cease and desist order that takes effect at once (section 1005.38, Florida Statutes).

So if you are a private college or university and you have run into regulatory or compliance issues, please give us a call and we can discuss whether it is a legal matter that we can help you with.

Vendors to Public Universities and Colleges

For public universities and state colleges, we also work with educational vendors on purchasing and procurement, bid protests, and negotiating contracts or litigating contract disputes. State universities follow a protest procedure of their own under Board of Governors regulations, not the one that applies to state agencies; see our Procurements & Bid Protests page.

Students, Instructors, and Administrators

In higher education we also represent students, and to a lesser extent instructors and administrators, who have an issue with a public or private college or university, often relating to academics, discipline, or expulsion. For instructors and administrators, we sometimes represent them in free speech and First Amendment matters, and in matters relating to their tenure or employment.

If you are an undergraduate student or a graduate or professional student, and you are being threatened with suspension, expulsion, or other discipline for academic or conduct reasons, you have no time to waste: you need to talk with an attorney. The timelines for dealing with college or university discipline are often very short, measured in days, not weeks, and if something goes wrong early in the process, your rights may be irretrievably waived. This can have serious consequences for your ability to complete your education or to obtain gainful employment afterward.

Your Rights in a Disciplinary Proceeding at a Public Institution

At a state university or a Florida College System institution, the student code of conduct must give you specific protections (section 1006.60(3), Florida Statutes):

• Written notice of the charge at least 7 business days before the proceeding
• A list of the known witnesses, and the known information about the allegation, including information that helps you, at least 5 business days before the proceeding
• A presumption that you did not violate the code; the institution must prove the violation by a preponderance of the evidence
• An impartial hearing officer, and the right to remain silent without that being held against you
• An advisor, advocate, or lawyer at any proceeding, at your own expense, who may take part directly, including by presenting information and questioning witnesses
• An appeal to a senior administrator who had no part in the case

Private colleges and universities are not bound by that statute. There, a student’s rights come mainly from the student handbook and the institution’s own procedures, which makes it all the more important to read them the day a charge arrives.