Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals

* Statistics Verified by County Clerk of Court Documents

Read More
Client Testimonials
  • "We are very fortunate to have hired such a wonderful team!!" by A.K., Past Client
  • "I trust this law firm so much that I refer them friends and family. They are always there for you with advice and guidance." by A.S., Past Client
  • "Don Pumphrey is a very respectable and trustworthy person" by Alejandro M.
  • "Mr. Pumphrey rescued my family in a time of crisis. A simple traffic stop turned into out-of-state incarceration for my adult son. Our family has zero experience with needing legal counsel. We were referred to Mr. Pumphrey by another lawyer based on his reputation. Mr Pumphrey was knowledgeable about the out-of-state circumstances and educated us on the complexities of the situation. He and his staff answered and/or returned every phone call promptly. They were able to resolve this in a week’s time. The charges were dropped and my son was released. Mr. Pumphrey will always have my eternal gratitude. His knowledge, actions, and ability to resolve this quickly saved my son." by Amy C., Past Client
  • "If your college kid makes a mistake this is the attorney you need" by Anonymous (AVVO Review), Parent of Past Client
  • "I couldn't have asked for a better law firm!" by Anonymous (Google Review 2), Past Client
  • "Don Pumphrey and his staff will fight unremittingly for your your rights!" by J.C., Past Client
  • "You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
  • "I will definitely be recommending his firm to anyone I come across that needs legal counsel. Thank you Don! You put our anxiety at ease and established a relationship and referrals for a lifetime!" by Kim S., Past Client
  • "They were there for me every step of the way and I never felt like just another case to them." by Lauren J., Past Client
  • "I am profoundly grateful to you Don" by Lee N. Scheele Jr., Peer
  • " Don Pumphrey is the best attorney in Florida." by Luke S., Past Client
  • " I would gladly recommend his law firm to represent you or anyone else. They are the real deal." by M.H., Past Client
  • "A highly proficient and credible lawyer, but one that actually cares about you, your financial circumstances, and looking for the best options available to you. " by Ryan P.
  • "One of the finest criminal attorney's in the big bend area" by Terry B., Past Client

Attorney for Appeals from Disciplinary Sanctions

Writ of Certiorari

After the disciplinary hearing, a college student at Florida Statute University (FSU) or Florida A&M University (FAMU) can appeal a final decision imposing disciplinary sanctions against the student for the violation of FSU’s Student Code of Conduct by filing a petition for writ of certiorari.

When a college or graduate student is accused of a criminal act or violation of the student code of conduct, it is important to hire an attorney who can handle both the criminal charges and the disciplinary hearing. It is also important that the attorney knows who to conduct the hearing, protect the student’s right to due process and preserve issues for an appeal.

If your client is facing a disciplinary hearing and sanctions after an allegation of misconduct by a Florida University in Tallahassee, Leon County or the surrounding areas in the Florida Panhandle, then contact an experienced criminal defense attorney for college students at Pumphrey Law. Call (850) 681-7777 today for a consultation.


Writ of Certiorari from a Florida University Disciplinary Hearing

The writ of certiorari usually involves a showing that the student’s due process rights were violated at the formal disciplinary hearing for several reasons, including the fact that:

  • evidence a hearing was not scheduled;
  • proper notice of the hearing was not provided;
  • the student was not given the chance to review the documents that would be considered at the hearing;
  • the student was not given a chance to testify or present evidence; or
  • the student was not given an opportunity to question the witnesses against him.

For decisions made at Florida Statute University (FSU) or Florida A&M University (FAMU), the final decision is reviewable by certiorari in the appropriate circuit court in Leon County, FL, because in making a final determination regarding disciplinary proceedings against a student, the university was acting pursuant to its authority under Article IX, section 7(d) of the Florida Constitution and not as an “agency” as defined by the Administrative Procedure Act. See Rivera v. Univ. of S. Fla. St. Petersburg, 176 So.3d 363 (Fla. 2d DCA 2015); Decker v. Univ. of W. Fla., 85 So.3d 571 (Fla. 1st DCA 2012); Louis v. Univ. of S. Florida, 181 So. 3d 578, 579 (Fla. Dist. Ct. App. 2016).


Florida’s Administrative Procedure Act (APA) for Florida Universities

Under Florida’s Administrative Procedure Act (APA), a party adversely affected by a final agency action is entitled to judicial review. § 120.68(1), Fla. Stat. (2008). Both FSU and FAMA are state universities under section 1000.21(6)(c), Florida Statutes (2008).

The courts recognize state universities as agencies subject to the provisions of the APA. See Matar v. Fla. Int’l Univ., 944 So.2d 1153 (Fla. 3d DCA 2006); Morfit v. Univ. of S. Fla., 794 So.2d 655 (Fla. 2d DCA 2001). Therefore, a state university is a state agency subject to the provisions of the APA. It must afford the student a hearing before it expelled the student.

If a college acts without first holding a hearing, and the validity of that action depends on disputed facts, the district court must reverse. § 120.68(7)(a), Fla. Stat. (2008); McIntyre v. Seminole County Sch. Bd., 779 So.2d 639, 641 (Fla. 5th DCA 2001).

Students are also entitled to proper notice of the hearing. Florida universities and colleges are required to adopt rules to ensure due process and fairness in student disciplinary matters. Matar, 944 So.2d at 1157 (citing Fla. Admin. Code. Ann. R. 6C–6.0105); Morfit, 794 So.2d at 656.

The Florida Administrative Code states the procedural due process for university student discipline:

(6) Due process as applied by the universities must include, as a minimum, the following:

(a) The student shall be provided with written notice of the charges against him or her in sufficient detail and in sufficient time to prepare for a hearing before an appropriate committee, panel, or court, as established by each university, or before the appropriate university official or officials.

Fla. Admin. Code Ann. R. 6C–6.0105(6)(a).

In many of these appeals, the student alleges that the state university denied the student of a meaningful statutory right to a hearing under section 120.68(7)(a), Florida Statutes. The student also has a right to notice of the hearing under section 6C–6.0105(6)(a), Florida Administrative Code. Morris v. Florida Agric. & Mech. Univ., 23 So. 3d 167 (Fla. Dist. Ct. App. 2009).


Attorney for College Disciplinary Hearings in Tallahassee, FL

If you are a student facing a disciplinary action at your University, then contact an experienced criminal defense attorney at the Pumphrey Law who can help you avoid any sanctions or represent you at a disciplinary hearing in Tallahassee, Leon County, or the surrounding areas in North Florida.

Call (850) 681-7777 today to discuss your case and schedule your free consultation with an attorney. We can begin your defense today.


This article was last updated on Thursday, August 11, 2016.

Back to Top