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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

SCOTT HUDSON,

Plaintiff,

v. Case No.: 3:20-cv-5875-MCR-HTC

Circuit Ct Case No.: 2020 CA 000665

UNIVERSITY OF WEST FLORIDA

BOARD OF TRUSTEES,

Defendant.

_________________________________________/

ANSWER AND AFFIRMATIVE DEFENSES

TO PLAINTIFF’S PETITION TO COMPEL ARBITRATION

OR IN THE ALTERNATIVE OTHER RELIEF

Defendant University of West Florida Board of Trustees (“UWF”) 

responds to the Petition to Compel Arbitration or in the Alternative Other 

Relief as follows:

1. Admitted.

2. Denied.

3. Admitted for jurisdictional purposes only. Allegations regarding 

“all actions and omissions pertinent to this action” are addressed below.

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4. Admitted for jurisdictional purposes only. Denied this action is 

subject to arbitration.

5. Denied as stated.

6. Admitted.

7. Admitted.

8. Without knowledge and therefore denied.

9. Without knowledge and therefore denied.

10. Without knowledge and therefore denied.

11. Without knowledge and therefore denied.

12. Without knowledge and therefore denied.

13. Without knowledge and therefore denied.

14. Without knowledge and therefore denied.

15. Admitted.

16. Denied.

17. Denied as stated.

18. Denied.

19. Without knowledge and therefore denied.

20. Without knowledge and therefore denied.

21. Without knowledge and therefore denied.

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22. Admitted Plaintiff was represented by private counsel.

23. Denied as stated.

24. Admitted.

I. ACTION TO COMPEL ARBITRATION

25. Admitted Plaintiff filed a grievance.

26. Denied.

27. Admitted Plaintiff filed a grievance.

28. Denied.

29. Denied.

30. Denied.

31. Denied as stated.

32. Denied as stated.

33. Without knowledge and therefore denied.

34. Without knowledge and therefore denied.

35. Without knowledge and therefore denied.

36. Without knowledge and therefore denied.

37. Without knowledge and therefore denied.

38. Without knowledge and therefore denied.

39. Without knowledge and therefore denied.

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40. Without knowledge and therefore denied.

41. Denied as stated.

42. Denied as stated.

43. Denied.

44. Without knowledge and therefore denied.

45. Without knowledge and therefore denied.

46. Without knowledge and therefore denied.

47. Without knowledge and therefore denied.

48. Denied as stated.

49. Admitted the language cited is in the CBA. The CBA speaks for 

itself.

50. Admitted the language cited is in the CBA. The CBA speaks for 

itself.

51. Without knowledge and therefore denied.

52. Without knowledge and therefore denied.

53. Denied.

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II. FIRST AMENDMENT VIOLATION

ACADEMIC FREEDOM, 42 U.S.C. 1983

52.(sic.) UWF adopts and incorporates its answers to paragraphs 1 -

44 of Count I as if set forth fully herein.

53. Denied as stated.

54. Without knowledge and therefore denied.

55. Denied as stated.

56. Without knowledge and therefore denied.

57. Without knowledge and therefore denied.

58. Denied.

59. Denied UWF retaliated against Plaintiff.

60. Admitted that, generally, persons who determine a faculty 

member’s contract should not be renewed are acting in their official 

capacities.

61. Admitted.

62. Denied.

63. Denied.

64. Denied UWF retaliated against Plaintiff.

65. Denied.

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66. Denied.

67. Without knowledge and therefore denied.

68. Without knowledge and therefore denied.

69. Denied.

III. BREACH OF CONTRACT/PROMISSORY ESTOPPEL

70. UWF adopts and incorporates its answers to paragraphs 1 - 44 

of Count I as if set forth fully herein.

71. Denied.

72. Without knowledge and therefore denied.

73. Denied.

74. Without knowledge and therefore denied.

74. (sic.) Without knowledge and therefore denied.

75. Denied.

76. Denied.

77. Denied.

78. Denied as stated.

79. Denied.

80. Denied.

81. Denied as stated.

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82. Denied.

83. Denied.

84. Admitted.

85. Denied as stated.

86. Denied as stated.

87. Denied as stated.

88. Denied.

89. Denied as stated.

90. Denied as stated.

91. Denied.

92. Denied.

93. Without knowledge and therefore denied.

94. Denied.

95. Without knowledge and therefore denied.

96. Denied.

AFFIRMATIVE DEFENSES

First Affirmative Defense

To the extent that any of the losses and damages which are the subject 

of this action by Plaintiff have been paid or are payable by collateral or other 

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sources in accordance with Florida Statutes and applicable law, Plaintiff is 

not entitled to collect for such losses, or in the alternative, Defendant is 

entitled to a setoff.

Second Affirmative Defense

Plaintiff was comparatively at fault, which was a sole cause or 

contributing cause to the incident complained of, so as to bar or diminish any 

claim for recovery.

Third Affirmative Defense

Plaintiff’s claims are barred by the applicable statutes of limitations, 

waiver, estoppel, or laches.

Fourth Affirmative Defense

UWF is a state agency, and Plaintiff’s recovery from UWF, if any, is 

limited by § 768.28, Florida Statutes, common law or other law including 

sovereign immunity, 11th Amendment immunity, or Defendant is otherwise 

immune from damages.

Fifth Affirmative Defense

Plaintiff’s claim alleges fault in UWF’s discretionary or planning level 

functions, and UWF is immune from liability for this claim.

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Sixth Affirmative Defense

Plaintiff failed to mitigate his damages.

Seventh Affirmative Defense

Plaintiff failed to provide UWF and the Florida Department of Financial 

Services with notice of his intent to file a law suit as required by § 768.28, 

Fla. Stat.

Eighth Affirmative Defense

UWF’s employees, agents, and officers are entitled to qualified 

immunity for actions taken pursuant to their discretionary authority, in that

their conduct did not violate any clearly established statutory or constitutional 

right of which a reasonable person would have known. Furthermore, at all 

times material, UWF and its employees, agents, and officers acted in good 

faith, reasonably, and without malice in the course and scope of their duties.

Ninth Affirmative Defense

Plaintiff's claims are barred by the doctrines of release, unclean hands, 

and equitable estoppel.

Tenth Affirmative Defense

Plaintiff's injuries and damages, if any, are not attributable to any act, 

conduct, or omission on the part of Defendant.

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Eleventh Affirmative Defense

Plaintiff’s claims against UWF are barred, in whole or in part, by failing

to follow the requirements and/or perform the conditions precedent of his 

contractual obligations including, without limitation, exhausting his 

administrative remedies and filing a complaint with the EEOC or Florida 

Commission on Human Relations.

Twelfth Affirmative Defense

Plaintiff failed to timely file for arbitration and voluntarily waived any 

right to arbitrate he may have had against UWF.

Thirteenth Affirmative Defense

The speech Plaintiff contends was abridged and is the basis for his

claim is not a matter of public concern.

Fourteenth Affirmative Defense

Plaintiff lacks standing to bring a claim against UWF.

Fifteenth Affirmative Defense

UWF had a legitimate, non-discriminatory reason for not renewing 

Plaintiff’s employment.

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Sixteenth Affirmative Defense

UWF, at all times pertinent to the Plaintiff’s claims, acted reasonably 

and prudently under the circumstances and complied with all applicable 

laws.

ATTORNEYS’ FEES

UWF had to retain the services of the undersigned attorneys to defend 

this action, including applicable appeals. UWF is entitled to an award of 

attorney’s fees and costs as the prevailing party and otherwise pursuant to 

the provisions of 42 U.S.C. §1988 and other applicable law.

DEMAND FOR JURY TRIAL

UWF demands a trial by jury on all issues so triable by law.

* * * * *

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been 

furnished to Cecile M. Scoon, 25 East 8th Street, Panama City, FL 32401 by 

electronic service this 20th day of October, 2020.

/s/ Larry A. Matthews 

Larry A. Matthews

Florida Bar No.: 0339601

Raymond F. Higgins, III

Florida Bar No.: 0153117

MATTHEWS & HIGGINS, LLC

114 East Gregory Street (32502)

Post Office Box 13145

Pensacola, FL 32591-3145

(850) 434-2200 Telephone

(850) 434-2600 Facsimile

E-Mail lmatthews@matthewshigginslaw.com

 rhiggins@matthewshigginslaw.com

Attorneys for Defendant UWF

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