STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE BOARD OF INDEPENDENT )

COLLEGES AND UNIVERSITIES, )

)

Petitioner, )

vs. ) CASE NO. 83-2324

)

ROGER WILLIAMS COLLEGE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above-styled case on January 26, 1984, at Tampa, Florida.

APPEARANCES

For Petitioner: William R. Dorsey, Esq.

Board of Education Knott Building

Tallahassee, Florida 32301

For Respondent: Roger L. Fishell, Esq.

1905 West Kennedy Boulevard Tampa, Florida 33606

By Administrative Complaint to Deny Exemption fromlicensure dated June 1, 1983, the State Board of IndependentColleges and Universities, Petitioner, denied Roger Williams College's application for exemption from licensure. As grounds therefor it is alleged Respondent does not meet therequirements of exemption from licensure as a chartered religious college because the catalog published by Respondentdoes not honestly and accurately present the academic programsof the college and the application contains no evidenceRespondent offers "only degrees of an ecclesiastical natureor religious education."

At the hearing Petitioner called one witness and11 exhibits were admitted into evidence. Respondent presentedno evidence.

Proposed findings submitted by the parties insofaras they are included herein are adopted; otherwise, they arerejected as not supported by the evidence or unnecessary tothe results reached.

FINDINGS OF FACT

1. Roger Williams College was chartered as a non-profit corporation December 11, 1975, and was excluded from licensure requirements from 1976 through 1981 pursuant to Chapter 246, Florida Statutes.

   
   

2. In 1982 Chapter 246 was revised. Prior to the revision institutions such as Respondent were granted exclusions from licensure upon application therefor by the institution. The repeal and reenactment of Chapter 246 in 1982 required certain conditions be shown by the institution before exemption from licensure requirements would be granted. These requirements were furnished to all colleges and universities in Florida by Petitioner.

   
   

3. By letter dated January 31, 1983 (Exhibit 1), Respondent was furnished appropriate forms upon which to apply for exemption and requested to provide certain information required by statute.

   
   

4. The information submitted by Respondent included a catalog which:

   
   

   1. Was not dated.

   2. Contained an address in Tampa and

      an address in Dade City. In 1979 Respondent had advised Petitionerits current address was Tampa.

   3. Did not contain course descriptions.

   4. Stated requirements for doctor of ministry degree include 90 semester hours in residence and lists courses in 100-400 level. On page 8 the catalog states that subjects numbered 100-499 are especially for under- graduate credit, and those in the 500's are for graduate credit.

   5. Contained no specific course requirement for the degree of Master of Religious Education or Doctor of Religious Education degrees.

   6. Represented the location of the college at which its services will be offered as 5th and Florida, Dade City, Florida, while no such facility exists.

   7. States all admissions are under the control of the Dean of Admissions, yet such a position is not shown in the catalog on the administrative staff.

   8. Contained no required standards for students to achieve satisfactory progress.

      
      

5. The address of the college at 13027 North 52nd Street, Tampa, Florida, is owned by Andrew McAllister, the president of Respondent, and is a brick two- story building looking like the other residences in the vicinity. No sign or other indication is posted to identify this building as Roger Williams College.

   
   

6. Copies of degrees other than Bachelor of Theology or Bachelor of Religious Education were never provided by Respondent as requested by Petitioner.

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, theseproceedings.

   
   

8. Section 246.085(2), Florida Statutes, provides in pertinent part that the following colleges shall apply for exemption from the licensing requirements of S. 246.011-246.151:

   
   

   (e) Chartered religious colleges the

   only purpose of which is to prepare students in religious disciplines for educational missionary or ministerial service and the catalogs of which honestly and accurately present their academic programs, offering only degrees of an ecclesiastical nature or religious education.

   
   

9. By filing the administrative complaint, it appeared that Petitioner herein had the burden of establishing that Respondent was not qualified for exemption from licensing and the evidence was so presented at the hearing. However, the statute above-quoted clearly requires the one claiming exemption from licensure to apply for such exemption and show that it meets the requirements for exemption. No evidence was submitted by Respondent to show that it meets the requirements for exemption from licensure.

   
   

10. From the evidence presented, it is clear that the catalog published by Respondent does not honestly and accurately present the school's academic programs; therefore, Respondent's application for exemption from licensure does not comply with the requirements of Section 246.085(2)(e), Florida Statutes, above-quoted. It is

RECOMMENDED that Roger Williams College's application for exemption from licensure be DENIED.

ENTERED this 15th day of February, 1984, at Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301 904/488-9675

FILED with the Clerk of the Divisionof Administrative Hearings this 15th day of February, 1984.

COPIES FURNISHED:

Roger L. Fishell, Esq.

1905 West Kennedy Boulevard Tampa, Florida 33606

William R. Dorsey, Jr., Esq. Deputy General Counsel State Board of Education Knott Building

Tallahassee, Florida 32301

Wayne Freeberg, Administrator State Board of Independent

Colleges and Universities Department of Education

345 S. Magnolia Drive Tallahassee, Florida 32301

Ralph D. Turlington, Commissioner State Board of Education

The Capitol

Tallahassee, Florida 32301

Docket for Case No: 83-002324

Orders for Case No: 83-002324