John B. Stetson University v. Hunt

Citations

• 88 Fla. 510
• 102 So. 637

Syllabus

<p>1. Expulsion means to eject, banish or cut off frtom the privileges of an institution or society permanently.</p> <p>2. A suspension is a temporary cutting off or debarring one from the privileges of an institution or society.</p> <p>3. Malice in law is that condition of the mind which shows a heart regardless of social duty and fatally bent on mischief the existence of which is inferred from acts committed or words spoken. Malice is also defined as the intentional doing of a wrongful act toward another without legal justification or excuse, or, in other words, the wilful violation 'of a known right.</p> <p>4. A private institution of learning may prescribe requirements for admission and rules for the conduct of its students and all who enter such institutions as students impliedly agree to conform to the rules of government. The 'only limit to this rule is as to institutions supported in whole or in part by appropriations from the public treasury. As to such institutions the rule is viewed more critically and is generally subject to legislative regulation.</p> <p>5. As to mental training, moral and physical discipline and welfare of the public, college authorities stand in loco parentis and in their discretion may make any regulation for their government which a parent could make for the same purpose, and so long as such regulations do not violate divine or human law, courts have no m'ore authority to interfere than they have to control the domestic discipline of a father in his family.</p> <p>6. It is well settled that unless regulations or rules are unauthorized, against common right or palpably unreasonable, the Courts will not annul or revise them. Neither will the courts afford relief in case of the enforcement thereof unless those whose duty it is to enforce them act arbitrarily and for fraudulent purposes.</p> <p>7. The relation between a student and an institution of learning privately conducted and which receives n'o aid from the public treasury is sole