UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

SCOTT HUDSON,

Plaintiff,

v. District Ct Case No.: 3:20-cv-5875

Circuit Ct Case No.: 2020 CA 000665

UNIVERSITY OF WEST FLORIDA

BOARD OF TRUSTEES,

Defendant.

_________________________________________/

NOTICE OF REMOVAL

TO: THE UNITED STATES DISTRICT COURT FOR THE NORTHERN 

DISTRICT OF FLORIDA, THE CIRCUIT COURT OF THE 1

ST

JUDICIAL CIRCUIT, IN AND FOR ESCAMBIA COUNTY, FLORIDA, 

AND ALL PARTIES AND ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that Defendant University of West Florida 

Board of Trustees (“UWF”), pursuant to N.D. Fla. Loc. R. 3.1(B), invokes

the removal jurisdiction of the United States District Court for the Northern 

District of Florida, for the removal of the above-captioned matter, currently 

pending as Civil Action Number 2020 CA 000665 in the Circuit Court in and 

for Escambia County, Florida, to the United States District Court for the 

Northern District of Florida, Pensacola Division. UWF files this Notice 

without waiving any defenses, exceptions, or obligations that may exist in 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 1 of 41
2

its favor in State or Federal Court. UWF bases its removal on the following 

grounds:

1. This Notice of Removal is timely pursuant to 28 U.S.C. § 1446

in that it is being filed within thirty (30) days after UWF was formally served 

with the summons and complaint.

2. The Circuit Court in and for Escambia County, Florida is located 

within the Northern District of Florida, Pensacola Division.

3. Defendant removes this action to this Court based on federal 

jurisdiction, pursuant to 28 U.S.C. § 1441(c).

4. Plaintiff, per the original complaint, is a resident of Florida.

5. The United States District Court has jurisdiction over the parties 

in this litigation, pursuant to 28 U.S.C. § 1331, and this case may be 

removed pursuant to 28 U.S.C. § 1441. Because the original case was filed 

in Escambia County, Florida, venue in the Pensacola Division is 

appropriate.

6. A copy of the Complaint is attached as Exhibit “A.”

7. UWF will give written notice of this Removal to all parties as 

required by law.

8. A copy of this Notice will be served with the Clerk of the Circuit 

Court in and for Escambia County, Florida, as provided by law.

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 2 of 41
3

WHEREFORE the removing party, UWF, requests the above-styled 

action be removed from the Circuit Court in and for Escambia County, 

Florida, to this Honorable Court. UWF demands a jury trial on those issues 

so triable.

Respectfully submitted,

/s/ Larry A. Matthews 

Larry A. Matthews

Florida Bar No.: 0339601

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 mail this 13th 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

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 3 of 41
Filing# 107889230 E-Filed 05/23/2020 12:26:18 AM 

IN THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT 

ESCAMBIA COUNTY, FLORIDA, CIVIL DIVISION 

Scott Hudson, 

Plaintiff 

V. Case No. 2020 CA 000665 

University of West Florida Board of Trustees 

Defendant. 

PETITION TO COMPEL ARBITRATION OR IN THE ALTERNATIVE OTHER 

RELIEF 

COMES now, Plaintiff, Scott Hudson, by and through his undersigned attorney and 

r 

respectfully moves this Court for an Order compelling Arbitration against the Defendant, 

University of West Florida, "UWF ," pursuant to Section 682.03 Florida Statutes and Title 9 of 

USC Code and other relief. Plaintiff would show: 

ALLEGATIONS COMMON TO ALL COUNTS 

1. Plaintiff was employed by Defendant as an acting professor at UWF from 2015-2017.

2. Plaintiff performed his duties well.

3. All actions and omissions pertinent to this action occurred in Escambia County, Florida.

4. This court has jurisdiction over the parties and subject matter pursuant to FS.682 et seq

and 42 USC 1983.

5. The Plaintiff and the Defendant were bound by a Collective Bargaining Agreement

(CBA) that provided for arbitration of disputes in employment. A copy of the pertinent

portions of the Agreement is attached and incorporated herein as Ex 1.

1 EXHIBIT "A"

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 4 of 41
6. The Bargaining entity representing employees in a Union at the UWF was United

Faculty of Florida (UFF)

7. Plaintiff was not a member ofUFF union.

8. Plaintiff presented a play and the syllabus about the play to the Theater Department at

UWF.

9. The syllabus and the play were pre-approved by UWF.

10. Plaintiff warned students that the play contained adult content and that students should

let him know if they were ever uncomfortable.

11. No students made any remarks or complaints about being uncomfortable.

12. In the summer/fiill of 2016, Plaintiff told his supervisor that he had a learning disability

and needed some additional teaching support with his large classes.

13. Instead of providing the requested accommodations, Defendant gave Plaintiff more

students with less teaching assistance.

14. Shortly after Plaintiff sought reasonable accommodations from the school, Plaintiffs

supervisor's attitude changed towards him drastically and he became more distant and

critical and less supportive.

15. Plaintiff was told on or about January 2017 that UWF would not renew his contract for

the following year.

16. No reason was given for the non-renewal notice.

17. Pursuant to his rights under the CBA, Plaintiff requested in writing that a reason be

given for the non-renewal. CBA Para13.2(b)(2)(d).

18. UWF failed to provide a specific reason for the Notice of Non-renewal to Plaintiff.

19. A student made a complaint about Plaintiff.

2 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 5 of 41
20. Plaintiffs Dean made a remark that the student's complaint was one of the reasons that

Plaintiff was going to be non-renewed.

21. The complaint that the Dean was relying upon was not actually about Plaintiff but

pertained to another professor.

22. Plaintiff chose to be represented by private counsel and not to use the union

representative in his grievance against the University as is allowed by the CBA. Para 

22.3 Representation. 

Para 22.3 Representation provides: 

(a) The UFF will have the exclusive right to represent any faculty

member in a grievance filed under this Agreement, unless the faculty

member elects self-representation or to be represented by legal

counsel. (Emphasis added)

23. The bargaining agreement gave Plaintiff the right to be represented by the union or to

be represented by a person of his choosing.

24. Plaintiff chose the undersigned attorney to represent him in the grievance proceeding.

I. ACTION TO COMPEL ARBITRATION

25. On or about February 2017, Plaintiff filed a written request for a grievance and a formal

request for the basis of the reason for the nonrenewal as provided for in the Unit

Agreement. (A copy of the Formal Request for a Grievance and Request for a reason for

3 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 6 of 41
the Notice of Non-Renewal is attached and incorporated herein as Exhibit 2 and 3 

respectively). 

26. UWF refused to provide a specific reason for the non-renewal, thereby making it

impossible for Plaintiff to properly defend himself against the general allegations made

against him that he was not suitable to UWF. (A copy of the UWF response is attached

and incorporated herein as Exhibit 4)

27. Plaintiff grieved that he was denied his rights under the arbitration agreement and that

bis rights to be:

i.)informed of the reason for a non-renewal, and 

r 

ii.) to be free to use his academic judgement, were violated. 

28. Plaintiff has arbitrable issues under the CBA.

29. Plaintiff did not waive his right to arbitration.

30. Plaintiff adhered to all of the steps required for the grievance to reach the final decision.

31. After the final decision was rendered in favor of the UWF, Plaintiff requested formal

arbitration. ( A copy of the Request for Arbitration is attached and incorporated herein

as Exhibit 5)

32. Defendant stated that it would not provide arbitration because Plaintiff had not sought

permission of the bargaining unit manager. ( A copy of the UWF Response and denial of

Arbitration is attached and incorporated herein as Exhibit 6)

33. Plaintiff had inquired of the bargaining manager of UFF whether he needed to get

involved in the grievance and the bargaining manager declined as Plaintiff had chosen

representation outside of the union.

4 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 7 of 41
34. Plaintiff further inquired of the UFF bargaining manager whether he needed to sign the

Notice of Arbitration.

35. The UFF bargai

ning manager stated that he did not need to sign the Notice of

Arbitration because UFF was not representing Plaintiff.

36. Plaintiff was directed to cross out the line for the signature of a UFF representative on

the Notice of Arbitration and Plaintiff did so.

37. Plaintiff contends that Defendant cannot deny Plaintiff the right to arbitration when

Plaintiff sought arbitration without the assistance of the union as that was his right to do

so as stated in the agreement.

38. Defendant cont:Ods that the agreement's statement that the bargaining manager had to

sign off on the request for a grievance would force the Plaintiff to accept the

representation of the union that Plaintiff chose not to do as was allowed under the

agreement.

39. Furthermore, the bargaining unit manager said that his involvementin the Notice of

Arbitration was not necessary.

40. Plaintiff and his counsel contacted the bargaining unit manager by phone and email and

was told that there was no need for the bargaining unit representative to sign any Notice

of Arbitration to be able to obtain arbitration. ( A copy of the email correspondence

between the Union representative and Plaintiffs Counsel is attached and incorporated

herein as Exhibit 7).

41. Plaintiff should be able to rely upon the statement of the bargaining unit manager who

had real and apparent authority under the CBA to make that statement.

42. Defendant cannot assert the right of another that waived that right.

5 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 8 of 41
43. The UFF was informed about the content of Plaintiffs grievance and chose to not get

involved.

44. UFF declined to represent Plaintiff solely because he was not a union member.

45. UFF was not harmed by its own decision to decline representation of Plaintiff.

46. UWF was not prejudiced in any way by Plaintiff representing himself in the grievance

and in not having a UFF representative sign off on the Request for an Arbitration.

4 7. All of Plaintiffs issues raised in his grievance are issues that are subject to the 

bargaining agreement and the arbitration agreement. 

48. Any question about whether an issue is arbitral should be determined in arbitration by

the arbitrator. r

49. The CBA itself states that "the arbitrator will rule upon jurisdictional issues within ten

days of the hearing." CBA Para 22.5 (g)(3)(c).

50. The authority of the Arbitrator is stated in CBA Para 22.5(g)( 4)(a).

Authority of the Arbitrator. 

a. The arbitrator will have no authority to add to, subtract from, alter,

change, or modify any of the provisions of this agreement.

Arbitration will be confined solely to the application/and or

interpretation of this Agreement and the precise issue(s) submitted

for arbitration .... (Emphasis added)

51. Plaintiff has been financially and emotionally harmed by the decision to non-renew and

the decision to refuse to arbitrate Plaintiff's claims

52. Plaintiff is obligated to pay the undersigned attorney reasonable attorneys fees and to

pay the costs if bringing this action.

53. Defendant should be liable for the harms caused by its actions as stated above.

WHEREFORE, Plaintiff prayerfully seeks the court to issue an order

6 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 9 of 41
a. compelling arbitration.

b. compelling UWF to state with particularity the basis of its decision to

non-renew.

c. A warding reasonable damages, and

d. Awarding reasonable attorneys' fees.

e. And for any other remedy deemed to be fair and reasonable.

II. 

r 

FIRST AMENDMENT VIOLATIONACADEMIC FREEDOM ,42 USC 1983 

In the alternative, Plaintiff seeks a judicial remedy for the Constitutional violations. 

52. Plaintiff realleges and incorporates para 1-44 of Count I.

53. Plaintiff had an Academic Freedom and First Amendment right to teach the materials

that he thought were suitable.

54. The language that Plaintiff used to teach his class that was objected to by UWF was

germane to the play that was being taught that dealt with social issues involving sex,

relationships, between individuals and society.

55. Language used by professors that is germane to the class that they are teaching is public

speech and therefore protected by the 1 rst Amendment and Academic Freedom

Protections.

56. Plaintiffs supervising Dean and the Theater Faculty Head had approved the play and the

syllabus that notified students that the play had an adult theme.

57. A student complained about the play and language Plaintiff used in teaching the play.

7 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 10 of 41
58. UWF decided to non-renew Plaintiff's contract in part because of the student's

complaint. 

59. Defendant UWF abridged Plaintiff's First Amendment Rights of Free Speech and

Academic Freedom when it retaliated against Plaintiff for using adult language when 

teaching the play. 

60. Defendant's agents, the supervising Dean and Faculty Head were acting in their

official capacities as agents of UWF when they determined that Plaintiff's contract 

should not be renewed. 

61. Defendant's agents, the supervising Dean and Faculty Head were acting under color

of state law whenr

they determined that plaintiff's contract would not be renewed. 

62. Defendant UWF, acting through its agents, violated Plaintiff's lrst Amendment rights

in violation of 42 USC 1983. 

63. UWF has a policy and custom of retaliating against Professors who assert their lrst

Amendment and Academic freedom rights with public speech. 

64. Defendant's actions in retaliating and non-renewing Plaintiff's contract would deter

exercise of First Amendment rights and Academic Freedom of a person with ordinary 

sensibilities. 

65. Plaintiff's Academic Freedom and First Amendment Rights were abridged and

harmed by the actions of UWF. 

66. Plaintiff's right to Academic Freedom under the bargaining agreement were harmed

by Defendant's actions. 

67. Plaintiff has been financially and emotionally harmed by the decision to non-renew

and the decision to refuse to arbitrate Plaintiff's claims. 

8 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 11 of 41
68. Plaintiff is obligated to pay the undersigned attorney reasonable attorneys' fees and to

pay the costs of bringing this action. 

69. Defendant should be liable for the harms caused by its actions as stated above.

WHEREFORE, Plaintiff prayerfully seeks injunctive relief, and attorneys' fees and costs, 

and other remedy deemed to be fair and reasonable for bringing this action. Plaintiff 

demands a jury trial. 

III BREACH OF CONTRACT/PROMISSORY ESTOPPEL 

In the alternative, Plaintiff seeks a judicial remedy under contract law, 

70. Plaintiff realleges and incorporates para 1-44 of Count I.

71. In the CBA, UWF made promises to Plaintiff that he could represent himself through the

grievance/arbitration proceedings.

72. Plaintiff relied to his detriment upon the promises which were contract provisions that

stated that he could choose his own legal representative as stated in para 22.3 of the

CBA.

73. Plaintiff was reasonable in relying upon the contract provisions that stated that he could

select his own representative

74.Plaintiff relied on the paragraph 22.3 of the CBA which allowed him to select his own

legal representative. 

9 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 12 of 41
74. Plaintiff reasonably relied upon the statement of the UFF Representative who stated that

his signature was not needed on the Notice oflntent to Proceed to Arbitration.

75. Plaintiff was harmed by his reasonable reliance on Defendant's promises when his

request for arbitration was denied.

76. UWF is estopped from requiring Plaintiff to have the signature of a UFF representative

on Plaintiffs Notice oflntent to Proceed to Arbitration.

77. Plaintiff, as teacher at UWF, was a known and intended beneficiary of the CBA.

78. The contract or CBA gave rights to Plaintiff that allowed him to represent himself or

seek his own legal counsel outside of UFF.

79. There was consideration rendered for the promises to abide by the CBA in that Plaintiff

received a job and UWF received the services of a professor.

80. UWF breached that promise to allow Plaintiff to have his own counsel in the grievance

procedure when it denied Plaintiff the ability to go to arbitration.

81. Pursuant to the CBA, Plaintiff had a right to receive a written statement from the

Defendant about the basis for the decision not to appoint.

82. Defendant breached the CBA when it failed to provide Plaintiff with a written statement

about the basis for the decision not to appoint.

83. Plaintiff was harmed by that breach in that he was not able to fully defend himself

against the non-reappointment in the grievance procedure when UWF refused to provide

a written statement for the decision not to appoint.

84. The CBA states that an employee may choose their own legal counsel for the grievance

procedure.

85. The grievance procedure includes arbitration as indicated in the CBA.

10 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 13 of 41
86. Defendant should not be allowed to force the Plaintiff to accept the representation of

UFF.

87. Plaintiff should not be denied access to arbitration when the UFF declined to represent

him solely because Plaintiff was not a union member.

88. Plaintiff was harmed by Defendant's breaches of the CBA as stated above.

89. Defendant UFF is estopped from preventing Plaintiff to have his choice of counsel.

90. UWF approved Plaintiffs syllabus and choice of teaching a play.

91. Plaintiff relied to his detriment on UWF's approval of the syllabus and teaching the

play.

92. Relying on UWF's promise that the play was acceptable, Plaintiff taught the play which

required using adult language in the classroom.

93. Plaintiff was harmed by UWF's non-renewal after it determined that the play and

language used in teaching the play was not acceptable after the approval had already

been given.

94. Defendant UWF is estopped from issuing a non-renewal to Plaintiff for teaching a play

and using language in class that was germane to the play that had already been approved

byUWF.

95. Plaintiff is obligated to pay the undersigned attorney reasonable attorney's fees and to

pay the costs if bringing this action.

96. Defendant should be liable for the harms caused by its actions as stated above.

11 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 14 of 41
WHEREFORE, Plaintiff prayerfully seeks compensatory damages, injunctive relief, and 

attorneys' fees and costs, and any other remedy deemed to be fair and reasonable for 

bringing this action. Plaintiff demands a jury trial. 

Signed this 22 day of May 2020. 

,. 

12 

Isl Cecile M Scoon. Esq. 

Cecile M. Scoon, Esq. 

FL Bar# 834556 

25 East 8th Street 

Panama City, FL 32401 

Telephone: (850) 769-7825 

Fax: (850) 215-0963 

Attorney for Plaintiff 

Scott Hudson 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 15 of 41
Filing# 109702405 E-Filed 07/02/2020 01 :17:2A AM 

IN THE CIRCUIT COURT FOR THE FIRST JUDICIAL CIRCUIT 

ESCAMBIA COUNTY, FLORIDA, CIVIL DIVISION 

Scott Hudson, 

Plaintiff 

V. 

University of West Florida Board of Trustees, 

DEMAND 

Defendant. 

NOTICE OF FILING EXHIBITS 

Case No. 2020 CA 665 

JURY TRIAL 

Comes now Plaintiff and files Exhibits referred to in his Complaint. These Exhibits are 

hereby incorporated into the Complaint: 1

1. Pertinent portions of Collective Bargaining

2. Request for a Grievance,

3. Request for Reason Non-renewal, March 2017

4. UWF Response for Reason for Non-renewal, Feb 2017

5. Notice of Arbitration, Oct 2017

6. UWF Response, Dec 2017

7. Email Correspondence

1 Plaintiff attempted to file the Exhibits with the Complaint but they were too large to be accepted and had 

to be scanned and submitted again. 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 16 of 41
Submitted by Attorney for Plaintiff, on July 2, 2020, 

r 

Isl Cecile M. Scoon, Esq. 

Cecile M. Scoon, Esq. 

FL Bar# 834556 

25 East 8th Street 

Panama City, FL 32401 

Telephone: {850) 769-7825 

Fax: (850) 215-0963 

Attorney for Plaintiff 

Scott Hudson 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 17 of 41
ARTICLE 22 

GRIEVANCE PROCEDURE AND ARBITRATION 

22.1 Policy/Informal Resolution. The parties agree that all problems should be resolved, 

whenever possible, before the filing of a grievance but within the time limits for filing grievances 

stated elsewhere in this Article, and encourage open communication between administrators and 

faculty so that resort to the formal grievance procedure will not normally be necessary. The 

parties further encourage the informal resolution of grievances whenever possible. At each step 

in the grievance process, participants are encouraged to pursue appropriate modes of conflict 

resolution. The purpose of this Article is to promote a prompt and efficient procedure for the 

investigation and resolution of grievances. The procedures hereinafter set forth will be the sole 

and exclusive method for resolving the grievances of faculty as defined herein. 

The University of West Florida and the UFF recognize the benefits of having grievances 

resolved in a way that ensures a timely and equitable outcome based on good faith efforts on the 

part of both parties. The notion of a timely resolution implies that at the first and every level of 

the process, both parties establish resolution of the grievance as the highest priority. The notion 

of an equitable outcome implies that both parties commit to a sustained and in-depth analysis of 

the dispute and associa&d evidence and documentation. The parties agree that a joint statement 

from both parties narrowing the issues is advisable wherever possible. Both parties acknowledge 

the benefits of having early and equitable resolution of disputed issues. 

22.2 Resort to Other Procedures. 

(a) It is the intent of the parties to provide in this Article a reasonable opportunity for resolution

of a dispute through the grievance procedure and arbitration process.

(b) Except as noted below, if prior to seeking resolution of a dispute by filing a grievance

according to this Article or while the grievance proceeding is in progress, a faculty member

requests, in writing, resolution of the matter in another forum, whether administrative or judicial,

the University will have no obligation to entertain or proceed further with the matter pursuant to

this grievance procedure.

( c) As an exception to this provision , a grievant may file an EEOC charge while the grievance is

in progress when such filing becomes necessary to meet federal filing deadlines pursuant to 42

U.S.C. §2000e et seq.

( d) Further, since the parties do not intend that this grievance procedure be a device for appellate

review, the President's response to a recommendation of a hearing officer or other individual or

group having appropriate jurisdiction in any other procedure will not be an act or omission

giving rise to a grievance under this procedure.

22.3 Representation. 

(a) The UFF will have the exclusive right to represent any faculty member in a grievance filed_

✓under this Agreement, unless the faculty member elects self-representation or to be represented

by legal counsel. (NOTE: If the grievant elects to be represented by counsel, it is likely that the

University will also elect to have counsel present.)

(b) If a faculty member elects not to be represented by the UFF, the University will

promptly inform the UFF grievance representative in writing of the grievance.

(c) No resolution of any individually processed grievance will be inconsistent with the terms of

this Agreement and for this purpose the UFF will have the right to have an observer present at all

56 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 18 of 41
-ttvoso� 

meetings called for the purpose of discussing such grievance and will be sent copies of all 

decisions at the same time as they are sent to the other parties. 

22.4 Definitions and Forms. As used herein: 

(a) The term "grievance"will mean a dispute fi1ed on a form referenced in section 22.4(d)

concerning the interpretation or application of a specific term or provision of this Agreement,

subject to those exclusions appearing in other Articles of the Agreement.

(b) The term "grievant" will mean the UFF, a faculty member, or a group of faculty members

when a grievance has been filed in a dispute over a provision of this Agreement. A grievance

filed by the1 UFF which alleges a violation of its rights by the University will be initiated at Step

2.

( c) The parties may agree to consolidate grievances of a similar nature to expedite the review

process. In a consolidated grievance, one Appendix "C," 'D," or ''E," as appropriate, may be

attached, bearing the signatures of the grievants.

(d) Grievance Forms. Each grievance, request for review, and notice of arbitration must be

submitted in writing on the appropriate form attached to this Agreement as Appendices ''C,"

''D," or ''E," as appropriate, and will be signed by the grievant. The aforementioned grievance

forms, as well as Appetfdix 'H,"may be filed by means of personal delivery, fax, United States

mail, or any other recognized means of delivery EXCEPT electronic mail.

22.5 Grievance Procedure. 

(a) This grievance procedure will be the sole review mechanism for resolving disputes regarding

rights or benefits which are provided exclusively by this Agreement. Consequently, the filing of

a grievance constitutes a waiver of any rights to judicial review of agency action pursuant to

Chapter 120, Florida Statutes, or to the review of such actions under University procedures

which may otherwise be available to address such matters.

(b) Filing Grievance Forms.

( 1) A grievance will be filed with the Provost or representative at Step 1, or in the case of a

grievance initiated at Step 2, with the President or representative.

(2) The grievant may amend the Appendix "C" fonn one time, either prior to the Step 1 meeting

for all grievances filed at Step 1,or prior to the Step 2 review for all grievances filed directly at

Step 2.

(3) Only those acts or omissions and sections of the Agreement identified at the initial filing, or 

the initial filing as amended, may be considered at subsequent steps.(4)

( c) Time Limits

(1) The grievance will be filed within thirty (30) days following the act or omission complained

of, or the date on which the grievant knew or reasonably should have known of such act or

omission, if that date is later.

(2) Thirty (30) days will be determined by a date stamp affixed by the office receiving the

grievance, if hand delivered; or by the date recorded on the fax by the recipient's fax machine, if

filed by fax; or by the postmark, if the grievance is mailed. The office receiving the grievance

will send a copy of the date stamped document to the grievant or the grievant's representative

within three (3) working days.

(3) If there is difficulty in meeting the time limit, the UFF representative may sign the grievance

form for the grievant; however, the grievant's signature will be provided prior to the Step I

meeting or Step 2 review if filed directly at.Step 2.

57 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 19 of 41
J 

(4) A faculty member may seek redress of alleged salary discrimination by filing a grievance

under the provisions of this Article. An act or omission giving rise to such a grievance may be

the faculty member's receipt of his or her pay or pay notification for the first full pay period in

which the salary increases referenced in Article 25 (Salaries) are reflected.

(5) Time limits contained in this Article may only be extended by mutual agreement, in writing,

of the University and the UFF. Likewise, steps in the grievance procedure may be waived by

mutual agreement, in writing, of both parties.

( 6) Time periods between semesters, when regular classes are not scheduled to be held, will not

be counted toward time limits for the initial filing of a grievance or for grievance processing. The

suspense period will begin at the end of the last day of the final exam period and will end on the

first day of regularly scheduled classes. The parties may, by mutual agreement, continue

processing a previously filed grievance during a suspense period.

(7) Upon the failure of the University to provide a decision within the time limits provided in this

Article, the grievant or the UFF, where appropriate, may appeal to the next step.

(8) Upon the failure of the grievant or the UFF, where appropriate, to file an appeal within the

time limits provided in this Article, the grievance will be deemed to have been resolved by the

decision at the prior step.

(d) Postponement Seeking Informal Resolution.

(I) The grievant may, in the written grievance at the initial filing (Step 1 or Step 2), request the

postponement of any action in processing the grievance formally for a period of up to thirty (30)

days. The initial request will be granted. During this period efforts to resolve the grievance

informally will be made.

(2) Upon the grievant's written request, additional extensions should be granted, unless to do so

would impede resolution of the grievance.

(3) Upon request, the Provost or designee may, during the postponement period(s), arrange an

informal meeting between the appropriate administrator and the grievant. If the grievance is

initially filed at Step 2, the President or representative will meet informally with the UFF, if the

UFF so requests, during the postponement period.

(4) The grievant will have the right to representation by the UFF during attempts at informal

resolution of the grievance.

(5) The grievant may, at any time, terminate the postponement period by giving written notice to

the Provost or representative (if the grievance is initially filed at Step 1) or the President or

representative (if the grievance is initially filed at Step 2) that the grievant wishes to proceed

with the Step 1 meeting (or Step 2 meeting for grievances initially filed at Step 2).

( 6) If the grievance is resolved informally during the postponement period or any extensions

thereof, the grievance is deemed to be immediately withdrawn. The grievant or the grievant's

representative will notify the Provost's office or the President's office, as appropriate, in writing

that the grievance is withdrawn within three (3) working days.

(7) In the case of a grievance filed pursuant to the Expedited Grievance Procedure referenced in

section 22.16, the postponement period will be no more than seven (7) days unless the faculty

member and the University agree otherwise.

(e) Step 1.

(I) Meeting.

a. The Provost or representative and the grievant and the grievant's representative will meet no

later than thirty (30) days following (a) receipt of the grievance if no postponement is requested,

(b) receipt of written notice that the grievant wishes to proceed with the Step I meeting, if a

58 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 20 of 41
postponement was requested,or (c) expiration of the postponement period or any extensions 

thereof without withdrawal of the grievance. 

/ b. In advance of the Step 1 meeting, the grievant will have the right, upon written request, to a 

copy of any identifiable documents relevant to the grievance. 

c. At the Step l meeting, the grievant will have the right to present any evidence in support of the

grievance, and the grievant and/or the UFF representative or the grievant's legal counsel (if

selected pursuant to section 22.3) and the Provost or representative will discuss the grievance.

(2) Decision.

a. The Provost or representative will issue a written decision, stating the reasons for the decision,

within thirty (30) days following the conclusion of the final meeting. The Provost will distribute

the written decision to the grievant, the grievant's representative, and all parties required to take

action as a result of the decision.

b. Thirty (30) days will be determined by a date stamp affixed by the office receiving the written

decision, if the decision is hand delivered, or the postmark,ifthe decision is mailed.

c. The grievant, if self-represented or the grievant's Step I representative will send a copy of the

date stamped document to the Provost or representative within three (3) working days.

d. All documents referred to in the decision and any additional documents presented by the

grievant will be attached to the decision, together with a list of these documents.

e. A copy of the decision will be sent to the UFF if the grievant elected self-representation or

representation by legal counsel.

(f) Step 2.

Step 2 involves a review of Step 1 decisions, as well as those disputes that have been filed

directly with the President by the UFF.

(1) Initial Meeting for Grievances Initially Filed at Step 2.

a. The President or representative and the UFF will meet no later than thirty (30) days following

( a) receipt of the grievance if no postponement is requested, (b) receipt of written notice that the

UFF wishes to proceed with the Step 2 meeting, if a postponement was requested, or ( c)

expiration of the postponement period or any extensions thereof without withdrawal of the

grievance.

b. In advance of the Step 2 meeting, the UFF will have the right, on written request, to a copy of

any identifiable documents relevant to the grievance.

c. At the Step 2 meeting, the UFF will have the right to present any evidence in support of the

grievance, and the UFF and the President or representative will discuss the grievance.

(2) Review of Step 1 Decision, -for Grievances Initially Filed at Step 1.

a. If the grievance is not satisfactorily resolved at Step 1, the grievant may file a written request

for review with the President within thirty (30) days following receipt of the Step 1 decision by

the grievant, if self-represented, or by the grievant's representative.

b. Thirty (30) days will be determined by a date stamp affixed by the office receiving the request

for review, if the request is hand delivered; or by the date recorded on the fax by the recipient's

fax machine, if the request is filed by fax; or by the postmark, if the request is mailed. The office

receiving the request for review will send a copy of the date stamped document to the grievant's

representative within three (3) working days.

c. The President or representative, who is not the direct supervisor of the Step I representative,

and the grievant, if self-represented, or the grievant' s representative will meet for the purpose of

reviewing the matter no later than thirty (30) days following receipt of the request for review.

(3) Decision.

59 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 21 of 41
a. The President or representative will issue a written decision, stating the reasons for the

decision, to the grievant, if self-represented, or to grievant's Step 2 representative and to the UFF

(if the grievant is not represented by the UFF) within thirty (30) days following the conclusion of

the review meeting.

b. Thirty (30) days will be determined by a date stamp affixed by the office receiving the

decision, if the decision is hand delivered, or by the postmark, if the decision is mailed.

c. The grievant, if self-represented, or the grievant's Step 2 representative will send a copy of the

date stamped document to the President or representative within three (3) working days.

d. In the absence of an agreement to extend the period for issuing the Step 2 decision, the UFF

may proceed to Step 3 if the grievant, if self-represented, or the grievant's Step 2 representative

has not received the written decision by the end of the 30th day following the conclusion of the

final Step 2 meeting.

(g) Step 3. Arbitration

(1) Filing. If the grievance has not been satisfactorily resolved at Step 2, the UFF may, upon

request of the grievant, proceed to arbitration by filing a written notice of the intent to do so.

a. Notice of intent to proceed to arbitration will be filed with the President or representative

within thirty (30) days after receipt of the Step 2 decision and will be signed by the grievant and

the State UFF Presidentr or the UFF Director of Arbitrations.

b. Thirty (30) days will be determined by a date stamp affixed by the office receiving the notice,

if the notice is hand delivered; or by the date recorded on the fax by the recipient's fax machine,

if the notice is filed by fax; or by the postmark, if the notice is mailed.

c. The office receiving the notice will send a copy of the date stamped document to the grievant,

if self-represented, or to the grievant's Step 2 representative within three (3) working days.

d. A thirty (30) day extension for filing a notice of intent to proceed to arbitration may be granted

by mutual agreement between the parties.

e. The parties will arbitrate only the issues submitted on the initial grievance form, including any

amendment made pursuant to section 22.S(b )(2). The parties will make every attempt to narrow

the issues prior to arbitration.

f. The grievance may be withdrawn by the grievant or by the State UFF President or UFF

Director of Arbitrations at any point during Step 3.

(2) Selection of Arbitrator.

a. Representatives of the University and the UFF will meet within ninety (90) days after the

execution of this Agreement in order to select an Arbitration Panel ofup to nine (9) members.

b. Within fourteen (14) days after the filing of a notice of intent to proceed to arbitration,

representatives of the University and the UFF will meet to select an arbitrator from the Panel.

c. The parties may, by mutual agreement, select as an arbitrator an individual who is not a

member of the Arbitration Panel.

d. Selection from the Arbitration Panel will be by mutual agreement or by alternately striking

names from the Arbitration Panel list until one (I) name remains.

e. The right of the first choice to strike from the list will be determined by the flip of a coin.

f. If the parties are unable to agree to a Panel of arbitrators, the selection and assignment of an

arbitrator will proceed under the normal rules of the American Arbitration Association ("AAA").

g. If the parties are unable to agree upon which of the nominees, from a panel provided by the

AAA, will serve as arbitrator, then the arbitrator will be chosen by each party alternately striking

names and the name remaining will be the arbitrator.

(3) Jurisdiction.

60 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 22 of 41
a. In any arbitration proceeding wherein a question concerning the arbitrator's jurisdiction over

the grievance is raised, the decision about jurisdiction will be separated from the substantive

issue(s). 

b. Whenever possible, the question of jurisdiction will be determined by the means of a hearing

conducted before an arbitrator by a conference call.

c. The arbitrator will rule upon the jurisdictional issues within ten (10) days of the hearing.

d. If the issue is judged to be arbitral, an arbitrator will be selected to hear the substantive

issue(s) in accordance with the provisions of section 22.5(g)(2).

e. The parties may by mutual agreement choose the same arbitrator to rule on the question of

arbitrability and on the substantive issues.

( 4) Authority of the Arbitrator.

a. The arbitrator will have no authority to add to,subtract from, alter, change, or modify any of

the provisions of this Agreement. Arbitration will be confined solely to the application and/or

interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator 

will refrain from issuing any statements of opinion or conclusions not essential to the

determination of the issue(s) submitted. 

b. The arbitrator's decision will address itself solely to the issue or issues presented and will not

impose upon either party any restriction or obligation pertaining to any matter raised in the

dispute outside of the submitted issue or issues.

c. Where an administrator has made a judgment involving the exercise of discretion, such as such

as decisions regarding tenure or promotion, the arbitrator will not substitute the arbitrator's 

judgment for that of the administrator, nor will the arbitrator review such decision except for the

purpose of determining whether the decision has violated this Agreement.

d. The arbitrator will not render any decision which would require or result in an action in

violation of public statutes.

e. Ifthe arbitrator determines that the Agreement has been violated by either party, the 

arbitrator will direct that party to take appropriate remedial action . 

. ---lizf. An arbitrator may award back salary where the arbitrator determines that the faculty member is Y not receiving the appropriate salary from the University, but the arbitrator may not award other 

_.-. 

monetary damages or penalties. 

g. The arbitrator may make no award which provides the faculty member compensation greater 

than would have resulted had there been no violation. 

h. If the University's notice that further employment will not be offered to a faculty member is 

not given on time, the arbitrator may direct the University to renew the appointment only upon a 

finding that no other remedy is adequate, and that the notice was given so late that (a) the faculty 

member was deprived of a reasonable opportunity to seek other employment, or (b) the faculty 

member actually rejected an offer of comparable employment which the individual otherwise 

� would have accepted. i. An arbitrator's decision awarding employment beyond the sixth (6th) year will not entitle the 

faculty member to tenure. In such cases, the faculty member will serve during the seventh (7th) 

year without further right to notice that he or she will not be offered employment thereafter. If a 

\ A faculty member is reappointed at the direction of an arbitrator, the President or representative 

V \ may reassign the individual during such reappointment. 

j . If an arbitrator determines that the faculty member was not provided an "equitable 

opportunity" in relation to other faculty members in the same unit/department to meet the 

required criteria for promotion, tenure, and merit salary increases, as described in section I 0.3 of 

61 

v 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 23 of 41
this Agreement, the arbitrator may award additional employment requiring the University to 

provide the "equitable opportunity"as described in section 10.3 of this Agreement. The 

arbitrator also may retainjurisdiction for purposes of determining whether the ensuing 

assignment provides such "equitable opportunity." 

(5) Hearing and Decision.

a. The arbitrator will hold the hearing in the city in which the grievant is employed, unless

otherwise agreed to by the parties.

b. The hearing will begin within thirty (30) days of the arbitrator's acceptance of selection or as

soon as practicable thereafter.

c. Except as modified by the provisions of this Agreement, arbitration proceedings will be

conducted in accordance with the rules and procedures of the American Arbitration Association.

d. The arbitrator will be requested to issue his or her decision within thirty (30) days after the

conclusion of the testimony, argument, or submission of briefs, whichever is latest.

e. The decision will be in writing and will set forth findings of fact, reasoning, and conclusions

on the issues submitted.

f. Except as expressly specified in this Article, the provisions of the Florida Arbitration Code,

Chapter 682, Florida Statutes, will not apply.

(6) Effect of Decision. "fhe decision of the arbitrator will be final, conclusive, and binding on all

parties to this Agreement, provided that any party can appeal to an appropriate court of law a

decision that was rendered by the arbitrator acting outside of or beyond the arbitrator's

jurisdiction, pursuant to Chapter 682, Florida Statutes.

(7) Venue. For purposes of venue in any judicial review of an arbitrator's decision issued under

this Agreement, the University and the UFF agree that such an appeal will be filed in the courts

in Escambia County, Florida, unless both parties specifically agree otherwise in a particular

instance. In an action commenced in Escambia County, neither the Board nor the UFF will move

for a change of venue based upon the defendant's residence in fact if other than Escambia

County.

(8) Fees and Expenses. Ja. All fees and expenses of the arbitrator will be shared equally by the University and the UFF. 

Each party will bear the cost of preparing and presenting its own case. 

b. The party desiring a transcript of the arbitration proceedings will provide written notice to the

other party of its intention to have a transcript of the arbitration made at least one ( 1) week prior

to the date of the arbitration.

c. The party desiring such transcript will be responsible for scheduling a stenotype reporter to

record the proceedings.

d. The party desiring a transcript will be responsible for the fee for the reporter and the cost of

obtaining an original transcript and one (I) copy.

e. The requesting party will, at its own expense, photocopy the copy of the transcript received

from the reporter and deliver the photocopy to the other party within five (5) working days after

receiving the copy of the transcript from the reporter.

(9) Retroactivity. An arbitrator's award may or may not be retroactive as the equities of each

case may demand, but in no case will an award be retroactive to a date earlier than thirty (30)

days prior to the date the grievance was initially filed in accordance with this Article.

(IO)The UFF may withdraw a grievance at any step of the grievance procedure by filing written

notice with the President or representative.

62 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 24 of 41
22.6 Burden of Proof. In all grievances except grievances involving disciplinary action brought 

pursuant to Article 17 (Disciplinary Action) the burden of proof will be on the faculty member. 

In disciplinary grievances, the burden of proof will be on the University. 

22. 7 Grievance Representatives.

(a) The UFF will furnish to the University a list of all persons authorized to act as grievance

representatives by the second (2nd) full week of September and will update the list as needed.

(b) The UFF grievance representatives will have the responsibility to meet all classes, office

hours, and other duties and responsibilities incidental to the assigned workload. Some of these

activities are scheduled to be performed at particular times.

( c) Such representatives will have the right during times outside of hours scheduled for those

activities listed above in section 22. 7 (b) to investigate, consult, and prepare grievance

presentations and attend grievance hearings and meetings.

( d) Should any hearings or meetings with the President or representative necessitate rescheduling

of assigned duties, the grievant's representative may, with the approval of the appropriate

administrator, arrange for the rescheduling of such duties or their coverage by colleagues. Such

approval will not be unreasonably withheld.

22.8 Appearances 

(a) When a faculty member participates during working hours in an arbitration proceeding or in a

grievance meeting between the grievant or representative and the University, the faculty

member's compensation will be neither reduced nor increased for time spent in those activities.

(b) Prior to participation in any such proceedings, conferences, or meetings, the faculty member

will make arrangements acceptable to the appropriate supervisor for the performance of the

faculty member's duties. Approval of such arrangements will not be unreasonably withheld.

( c) Time spent in such activities outside regular working hours will not be counted as time

worked.

22.9 Filings and Notification. 

(a) With the exception of Step land Step 2 decisions, all documents required or permitted to be

issued or filed pursuant to this Article may be transmitted by personal delivery, fax, United

States mail, or any other recognized delivery service EXCEPT electronic mail.

(b) Step 1 and Step 2 decisions will be transmitted to the grievant (if self-represented) or the

grievant 'srepresentative by personal delivery with written documentation of receipt or by

certified mail, return receipt requested.

( c) In the event that any action falls due on a Saturday, Sunday, or holiday ( as referred to in

section 19 .6 of this Agreement), the act will be considered timely if it is accomplished by 5 :00

pm on the following business day.

22.10 Precedent. No complaint informally resolved, or grievance resolved at either Step 1 or 2

will constitute a precedent for any purpose unless agreed to in writing by the President or

representative and the UFF acting through its President or representative.

22.11 Processing. 

(a) The filing or pendency of any grievance or arbitration proceedings under this Article will not

operate to impede, preclude, or delay the University from taking the action complained of.

63 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 25 of 41
(b) Reasonable efforts, including the shortening of time limits when practical, will be made to

conclude the processing of a grievance prior to the expiration of the grievant's employment,

whether by termination or failure to reappoint. A faculty member with a pending grievance will

not continue to be compensated beyond the last date of employment.

(c) The President or representative may refuse consideration of a grievance not filed or processed

in accordance with this Article.

22.12 Reprisal. No reprisal of any kind will be made by the University or the UFF against any 

grievant, any witness, any UFF representative, or any other participant in the grievance 

procedure for reason of such participation. 

22.13 Implementation. Upon resolution of the grievance, the parties will begin to implement the 

remedy within fourteen (14) days, unless otherwise provided by the award of the arbitrator or by 

mutual agreement of the parties. 

22.14 Records. All written materials pertinent to a grievance will be filed separately from the 

evaluation file of the grievant or witnesses, except decisions resulting from arbitration or 

settlement. 

r 

22.15 Inactive Grievances. A grievance which has been filed at Step 2 or Step 3 and on which 

no action has been taken by the grievant or the UFF for ninety (90) days will be deemed 

withdrawn and resolved in accordance with the decision issued at the prior Step. 

22.16 Expedited Grievance Procedure for Conflict of Interest (Section 21.5). 

(a) A grievance alleging a violation of Conflict of Interest (Article 21) will be heard at Step I

by the Provost or representative no more than seven (7) days after it has been filed.

(b) The Provost or representative will issue a Step 1 decision no more than seven (7) days after

the Step I meeting.

( c) A request for review of the Step 1 decision will be filed using Appendix 'D" no more than

seven (7) days following the receipt of the Step 1 decision.

( d) The Step 2 meeting will be held no more than seven (7) days after the receipt of Appendix

''D," and the Step 2 decision will be issued no more than seven (7) days after the meeting.

(e) A request for arbitration using Appendix "E" will be filed within fourteen (14) days after

the receipt of the Step 2 decision.

( t) An arbitrator will be selected by the parties no more than fourteen ( 14) days following the

receipt of Appendix ''E."

(g) The arbitrator will issue a memorandum of decision within seven (7) days following the

conclusion of the arbitration, to be followed by a written opinion and award in accordance with

section 22.5(g)( 4).

(h) The University and the UFF will establish a panel of three (3) experienced arbitrators to hear

a grievance filed in accordance with the section.

(i) All other provisions of Article 22 will apply to these grievances, except as noted above.

64 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 26 of 41
APPENDIX C GRIEVANCE FORM 

I.Date Received by the University Administration ____________ _

GRIEVANT 

NAME: Mr. Scott Hudson 

CAMPUS MAILING ADDRESSES: 

Building 82 

11000 University Parkway 

Pensacola, FL 32514 

GRIEVANCE REPRESENTATIVE 

NAME: Ms. Cecile M. Scoon, Esq. 

25 East 8th Street 

Panama City, FL 32401 

COLLEGE: Cotle!!e of Arts. Social Sciences and Humanities 

DEPT. Theater 

r 

OFFICE PHONE: 850-474-2146 OFFICE PHONE: 850-769-7825 

If the grievant is represented by the UFF or legal counsel, all University communications should 

go to the grievant's representative. 

Other address to which University mailings pertaining to the grievance will be sent: 

II. GRIEVANCE

Scott Hudson 

515 Barcelona St. 

Apartment 3 

Pensacola, FL 32501 

Article(s) and section(s) of the Agreement allegedly violated: 

Statement of grievance (must include date of acts or omissions complained of) 

Article 6.2(a) & (b) - Non-Discrimination Policy. This article is violated as Mr. Hudson 

claims that after he shared that he had some learning disabilities, Mr. Charles Houghton began to treat 

him differently and adversely by withdrawing financial support for a class that Mr. Hudson taught and 

by not supporting Mr. Hudson by not requiring another teacher to coteach a class with Mr. Hudson as 

was stated and promised to Mr. Hudson. Mr. Hudson complained to Mr. Houghton that the other 

teacher was not showing up to teach and Mr. Houghton expressed surprise, but no corrective action 

was taken. This left all the work on Mr. Hudson who had to write the syllabus alone at the last minute 

causing great undue hardship to Mr. Hudson which was made worse by Mr. Hudson's disabilities. Mr. 

Hudson had informed Mr. Houghton in September 2016 that he was being tested for ADHD. Mr. 

Hudson has been receiving assistance from a psychologist in working on his learning disability since 

August 2016. 

Mr. Hudson contends that the Notice of Non-Reappointment is also due in part to Mr. 

Hudson's disability. 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 27 of 41
Article 11.4 - Constitutional Rights. Mr. Hudson contends that his constitutional rights were 

violated when he was counseled and written up because a student allegedly complained that he had 

had students wear several layers of clothing so that they could change costumes during or before class 

as required by a play that was approved by UWF. In addition, Mr. Hudson was also told that he would 

not be reappointed because of statements that he made in class although all statements pertained to a 

play that has graphic imagery and language as was approved by UWF Theater Chair and UWF Dean 

and Mr. Hudson placed a warning about the graphic nature of the play in the syllabus and announced 

it again before class. 

On or about January 10, 2017, Mr. Hudson was escorted by Mr. Houghton to Dean Brown's office 

where he was infonned of the alleged complaint, but not directly told what he did wrong. Mr. Hudson 

was never given an opportunity to meet with the student and he was not given an opportunity to 

defend himself by his chair or dean when he was instructed to tum in his Letter of Resignation. 

On January 16, 2017. Mr. Hudson received counseling and a write up with an email with a screen shot 

of a F?tcebook post from Mr. Houghton on February 3, 2017 about the alleged complaint, though Mr. 

Hudson reviewed the attached Facebook post and told Mr. Houghton that the alleged student posting 

is not a student in his class, and the day of the week referred to was not a day that Mr. Hudson's class 

met. 

r 

We contend the Letter of Non-Reappointment was given in part due to UWF's violation of 

Mr. Hudson's constitutional rights after permission was granted for graphic statements and classroom 

actions and because of the alleged student complaints. 

Article 13.2(d)- Non-Reappointment Notice. Mr. Hudson contends that he was not 

provided factual information as the bases of his non-reappointment as required by this article and 

fundamental due process and as such he has been hanned in his ability to pursue this grievance. 

Remedy sought: 

1. Provide reasonable accommodations of Mr. Hudson's disability,

2. Remove counseling and write ups, negative evaluations, and student complaints,

3. Rescind letter of non-reappointment.

4. Provide letter of reappointment for the next two years,

5. Pay $25,000.00 in compensation,

6. Pay $7,500.00 in attorney's fees.

7. Prevent any retaliation against Mr. Hudson.

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 28 of 41
Ill. AUTHORIZATION 

I will be represented in this grievance by (check one-representative must sign on 

appropriate line): 

UFF 

-X..Legal Counsel 

_Myself 

I (do) X ( do not)_ want a postponement for up to thirty (30) days to seek 

informal resol.ution of this grievance. 

I UNDERSTAND AND AGREE THAT BY FILING THIS GRIEVANCE, I WAIVE 

WHATEVER RIGHTS I MAY HAVE UNDER CHAPTER 1200F THE FLORIDA 

STATUTES WITH REGARD TO THE MATTERS I HAVE RAISED HEREIN AND UNDER 

ALL OTHER UNNERSITY PROCEDURES WHICH MAY BE AVAILABLE TO ADDRESS 

THESE MATTERS. 

This grievance was flied with (check 

one): Provost's Office __ 

President's Office --

This grievance was filed on by {check one) 

Personal delivery __ _ 

U.S. Mail (postmark date) 

Fax __ 

(Grievant must sign if grievance is to be processed.) 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 29 of 41
Peters & Scoon 

Attorneys and Counselors at L,nv 

25 East 8th Street • P.:inama C11y. FL 3240! 

850 769. 7825 • 850.215.0963 (fa�) 

c:m5COon l &knn log}' .nel 

a!\ inpt'lPr�@knology.nc1 

Dr. Steven Brown 

University of West Florida 

1 1000 University Parkway 

Bwlding 11 

Pensttwla, Florida 025 l 4 

Re: Mr. Scott Hudson 

Dear Dean Brown: 

Alvin L. Peters 

Cecile M. Scum, 

March 2, 2017 

Via: US Mail and emflil 

sbrown4@uwf.edu 

The February I 5, 2017 letter that you provided Mr. Hudson as the reason for his 

termination does not meet the requirements of due process required by the Collective Bargaining 

Agreement. The purpose of the Collective Bargaining Agreement is to provide notice so that a 

party may defend against allegations which a

r

e the basis of a tennination. Your letter provides 

aosolutely no infonnation to Mr. Hudson for him to defend himself. We request that you revise 

your letter and state the alleged factual reasons for Mr. Hudson's non-reappointment. We request 

the new alleged fact-based letter stating reasons for tennination on or before March 8, 2017. 

Sincerely, 

ff ( ' ,r} 

[ e&/1 ) t2eJ-c-ffCvCccile M. Scoon, Esq. --

AUorney for 

Mr. Scott Hudson 

Exhibit 3 

13usini::s� Matters • Family L.!w • Perstmal Injury • Wrongful Death • Employment Law • Crimin,11 Defens� 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 30 of 41
U-of�

West Florida 

February 15, 2017 

Mr. Scott Hudson 

Department of Theatre 

University of West Florida 

Bui1ding 82. Room 291 

Pensacola. FL 32514 

Dear Mr. Hudson. r 

r.,,.,..., ...... -Sdancf Humanities 

11000 Uniwnfty Priway 

Peruatola. FL 325 l◄-5750 

On January 23, 2017 you were provided with a letter advising that you were being non-reappointed to the 

position of Assistant Professor in the Department of Theatre at the University of West Florida. The letter 

was. sent in accordance with Section 13.2 {a) of the UFF-UWF Collective Bargaining AgrecmenL By 

letter dated February 7, 2017. and in accordance with section l3.2{d) of the Collective Bargaining 

Agreement you requested a written statement of the basis of the decision to non-reappoint. 

This present letter is in response to your request. The basis for the decision of non-reappointment was 

maintenance of the best interest of the university and alignment with the mission oHhe institution. 

cc: Dr. George EJJe:nberg, Interim Provost and Vice President for Academic Affairs 

Mr. Charles Houghton, Chair, Department of Theatre 

!'I-. 850.474.3340 re, 850,474.2032 

-uwf.edv/caab

ME .. �----

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 31 of 41
UNIVERSITY OF WEST FLORIDA 

Board ofTrustees/United Faculty ofFlorida 

APPENDIX E 

NOTICE OF ARBITRATION 

DATE OF RECEIPT BY PRESI.DENT'S OFFICE: 

This notice was filed with the President's Office by (check one): 

Personal Delivery 

U. S. Mail (postmark date) 

Fax 

NAME: -----'Sc=..-.....n'-MfJr.--' ----l+i�v�J,=-=s_r:HIJ ___ _ 

BOT FILE NO: Gtruw��c 

The following statement of issues(s) before the Arbitrator is proposed: 

zot1 -oJ 

A1.f;i;.,.., .r,�. u,, p,,,,i�••• •· · · · ·

l 1 � hereby authorize UFF to proceed to arbitration with my grievance. I also authorize UFF and the 

Board ofTrustees or its representatives to use, during the arbitration proceedings, copies of any 

materials in my evaluation file pertinent to this grievance and to furnish copies of the same to the 

arbitrator. 

94 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 32 of 41
APPENDIX C GRIEVANCE FORM 

I.Date Received by the University Administration. ____ _

GRIEVANT GRIEVANCE REPRESENTATIVE 

NAME: Mr. Scott Hudson 

CAMPUS MAILING ADDRESSES: 

Building 82 

11000 University Parkway 

Pensacola, FL 32514

NAME: Ms. Cecile M. Scoon, Esq. 

25 East 8th Street 

Panama City, FL 32401

COLLEGE: College of Arts, Social Sciences and Humanities

DEPT. Theater 

OFFICE PHONE: 850-474-2146 OFFICE PHONE: 850-769-7825 

FC;J.Ol').o I 

If the arievant Is repres'ented by the UFF or legal counsel, all University communications should 

go to O,e grievant's representative. 

Other address to Y.tiich University mailings pertaining to the grievance v.411 be sent: 

11. GRIEVANCE

Scott Hudson 

S 1 S Barcelona St. 

Apartment3 

Pensacola, FL 32S01 

Article(s) and section(s) of the Agreement allegedly violated:

Statement of grievance (must Include date of acts or omissions complained of)

Artide 6.2(•) & (b)-Non-Dlscrimlnatlon Polley. This article is violated as Mr. Hudson

claims that after be shared that be bad some learning disabilities, Mr. Charles Houghton began to treat 

him differently and adversely by withdrawing financial support for a class that Mr. Hudson taught and

by not supporting Mr. Hudson by not requiring another teacher to coteacb a class with Mr. Hudson as

was stated and promised to Mr. Hudson. Mr. Hudson complained to Mr. Houghton that the other

teacher was not showing up to teach and Mr. Houghton expressed surprise, but no comctive action

was taken. This left all the work on Mr. Hudson who bad to write the syllabus alone at the last minute

causing great undue hardship to Mr. Hudson which was made worse by Mr. Hudson's disabilities. Mr.

Hudson had informed Mr. Houghton in September 2016 that he was being tested for ADHD. Mr.

Hudson has been receiving assistance from a psychologist in working on his learning disability since 

August 2016. 

Mr. Hudson contends that the Notice of Non-Reappointment is also due in part to Mr.

Hudson's disability. 

Article 11,4-Consdtudoul Rights. Mr. Hudson contends that his constitutional rights were

violated when be was counseled and written up because a student allegedly complained that be had

had students wear several layers of clothing so that they could change costumes during or before class 

as required by a play that was approved by UWF. ln addition, Mr. Hudson was also told that be would

not be reappointed because of statements that he made in class although all statements pertained to a 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 33 of 41
play that bas graphic imagery and language as was approved by UWF Theater Chair and UWF Dean 

and Mr. Hudson placed a warning about the g,aphic nature of the play in the syllabus and announced 

it again before class. 

On or about January 10, 2017, Mr. Hudson was escorted by Mr. Houghton to Dean Brown•s office 

where be was informed of the alleged complaint, but not directly told what be did wrong. Mr. Hudson 

was never given an opportunity to meet with the student and be was not given an opportunity to 

defend himself by bis chair or dean when be was instructed to tum in bis Letter of Resignation. 

On January 16, 2017. Mr. Hudson received counseling and a write up with an email with a screensbot 

of a Facebook post from Mr. Houghton on February 3, 2017 about the alleged complaint, though Mr. 

Hudson reviewed the attached Faccbook post and told Mr. Houghton that the alleged student posting 

is not a student in bis class, and the day oftbe week referred to was not a day that Mr. Hudson's class 

met. 

We contend the Letter of Non-Reappointment was given in part due to UWF1

s violation of 

Mr. Hudson's constitutional rights after permission was granted for graphic statements and classroom 

actions and because of the alleged student complaints. 

Article l3.2(d) .tNon-Reappointment Nodce. Mr. Hudson contends that be was not 

provided factual information as the bases of bis non-reappointment as required by this article and 

fundamental due process and as such he has been harmed in bis ability to punue this grievance. 

Remedy sought: 

1. Provide reasonable accommodations of Mr. Hudson's disability,

2. Remove counseling and write ups, negative evaluations, and student complaints,

3. Rescind letter of non-reappointment.

4. Provide letter of reappoin1mcnt for the next two years,

6. Pay $25,000.00 in compensation,

6. Pay $7,500.00 in attorney's fees.

7. Prevent any retaliation against Mr. Hudson.

8.

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 34 of 41
Ill. AUTHORIZATION

I will be represented in this grievance by (check one-representative must sign on

appropriate Une ):

UFF 

_JLLegal Counsel

_Myself

I (do} X (do not) want a postponementforuptothirty (30) days to seek

informal resolution of this grievance.

I UNDERSTAND ANO AGREE THAT BY FILING THIS GRIEVANCE, I WAIVE

WHATEVER RIGHTS I MAY HAVE UNDER CHAPTER 1200F THE FLORIDA 

STATUTES WITH REGARD TO THE MATTERS I HAVE RAISED HEREIN ANO UNDER

ALL OTHER UNIVERSITY PROCEDURES WHICH MAY BE AVAILABLE TO ADDRESS 

THESE MATTERS.

This grievance was filed with (check

one): Provost's Office,.,L'

Presidents Office--

This grievance was fil�n

Personal delivery_(/ __

U. S. Mail (postmark date)

Fax __

by (check one)

(Grievant must sign If grievance is to be processed.)

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 35 of 41
December 20, 2017 

Ms. Cecile M. Scoon, Esq. 

Peters & Scoon 

25 East 8

th Street 

Panama City, FL 43401 

Re: Scott Hudson 

Dear Ms. Scoon: 

f 

Office of the General Counsel 

11000 University Parkway 

Pensacola, FL 32514-5750 

� 

This letter is sent in response to the telephone call received from Brittney of your office 

yesterday by the University President's office. Brittney was seeking to confirm that the 

University received a grievance submitted by your office on October 30, 2017. 

The University received a facsimile from your office on October 30, 2017 containing six 

pages, including a Notice of Arbitration, [Appendix E], of the UFF-UWF Collective 

Bargaining Agreement. (Copy attached). Article 22.5(g)(l) of the UFF-UWF Collective 

Bargaining Agreement ("CBA") limits the right to file a Notice of Intent to Proceed to 

Arbitration to the UFF. It also requires the Notice of Arbitration to be signed by the 

"State UFF President or the UFF Director of Arbitrations." The Notice of Arbitration 

[Appendix E] submitted on behalf of Mr. Hudson on October 30, 2017, was not filed by 

the UFF and was not signed by either the UFF State President or the UFF Direct.Or of 

Arbitrations. Therefore, the Notice of Arbitration [Appendix E] submitted by Mr. 

Hudson did not meet the requirements of Article 22.5(g)(l) of the CBA. 

Pursuant to Article 22.10( c ), the University President or representative may refuse 

consideration of a grievance not filed or processed in accordance with Article 22. The 

Exhibit 6 

Phone 850.474.3420 Fu 850.857.6058 

W•b uwf .edu/GeneralCounsel 

M Equ;al Opportunity/Equal Aocess lnstilution 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 36 of 41
University declines to consider the Notice of Arbitration [Appendix E] filed on behalf of 

Mr. Hudson on October 30, 2017, because it was not filed in accordance with the 

requirements of Article 22 of the CBA. 

· ita Schonberger

Deputy General Counsel 

- -

Cc: Dr. George Ellenberg, Provost 

f 

Attachment: six page facsimile 

1) Fax cover sheet ( 1 page)

2) Request for Review of Step 1 Decision (page 2) (1 page)

3) Appendix E, of the UFF-UWF Collective Bargaining Agreement, Notice of

Arbitration ( 1 page), and

4) Appendix C, Grievance Form, signed by Mr. Hudson, numbered FC 2017-01 (3

pages).

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 37 of 41
4/22/2020 WOW' Webmail 

WOW! Webmail cmscoon1@knology.net 

Re: Hudson vs UWF grievance 

From : Ramie Gougeon <rgougeon@uwf.edu> 

Subject : Re: Hudson vs UWF grievance 

To: Cecile Scoon <cmscoonl@knology.net>, 

cmscoon2@knology.net 

Ms. Scoon, 

Sat, Sep 16, 2017 09:32 AM 

Regrettably, given my responsibilities as Grievance Coordinator, I cannot speak about his case as Mr. 

Hudson is not a member of UFF. 

With regards, 

rg 

On Thu, Sep 14, 2017 at 5:02 PM, Cecile Scoon <cmscoonl@.ko.QlQgY-.net> wrote: 

Hello Dr. Gougeon, 

r 

Do you have a few minutes in the next few days when I can speak with you about Scott Hudson's 

case? 

Thank you, 

Cecile Scoon, Esquire 

Peters & Scoon 

Attorneys at Law 

25 East 8th St 

Panama City, FL 32401 

: 850-769-7825 

· Please reply to both cmscoon2@knology.net and cmscoonl@knolog'f-.net when sending or

. replying to an email. Thank you.

This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521, is 

legally privileged, and may contain attorney-client or attorney opinion work product information. 

Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the 

intended recipient, please contact the sender at (.85.Q) 769-7825, or reply by email and destroy all 

copies of the original message. Thank you. 

Ramie A. Gougeon, Ph.D., RPA 

Associate Professor, Department of Anthropology 

University of West Florida 

850.474.2831 

h tips ://mail2. wow way .net/h/pri ntmessage ?i d=l26 I 24&tz;::America/Chicago 1/2 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 38 of 41
4/22/2020 WOW! Webmail 

WOW! Webmail cmscoon1@knology.net 

RE: Hudson vs UWF grievance 

From :Tom Wazlavek <Tom.Wazlavek@floridaea.org> 

Subject : RE: Hudson vs UWF grievance 

To :Cecile Scoon <cmscoonl@knology.net> 

Typo - 850-375-2898 

From: Cecile Scoon [mailto:cmscoon1@knology.net] 

Sent: Sunday, October 01, 201712:10 PM

To: Wazlavek, Tom <Tom.Wazlavek@floridaea.org>

Cc: Ramie Gougeon <rgougeon@uwf.edu>; cmscoon2@knology.net 

Subject: Re: Hudson vs UWF grievance

Will do. Thank you Tom. 

Cecile 

Cecile Scoon, Esquire 

Peters & Scoon 

Attorneys at Law 

25 East 8th St 

Panama City, FL 32401 

850-769-7825

r 

Sun, Oct 01, 201711:17 AM 

Please reply to both cmscoon2@knolog'f-.net and cmscoon1@JffiQlQgy.net when sending or replying 

to an email. Thank you. 

This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521, is legally 

privileged, and may contain attorney-client or attorney opinion work product information. 

Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended 

recipient, please contact the sender at (850) 769-7825, or reply by email and destroy all copies of 

the original message. Thank you. 

From: "Tom Wazlavek" <Tom.Wazlavek@floridaea.org> 

To: "Ramie Gougeon" <rgQ.Ygeon@uwf.edu>, "Cecile Scoon" <cmscoonl@knolog'f-.net>, 

cmscoon2@knolog'f-.net 

Sent: Sunday, October 1, 2017 9:12:06 AM 

Subject: RE: Hudson vs UWF grievance 

Cecile: 

Call me at 850-374-2898 tomorrow morning after 11 am. 

Best, 

https://mail2.wowway net/h/printmessage?id=229375&t2=America/Chicago II'.'! 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 39 of 41
4122/2020 

' . 

WOW' Webmail 

WOW! Webmail cmscoon1@knology.net 

Re: Notice of intent to file grievance Hudson 

From : Ramie Gougeon <rgougeon@uwf.edu> 

Subject : Re: Notice of intent to file grievance Hudson 

To : Cecile Scoon <cmscoon1@knology.net> 

Mon, Oct 30, 2017 08:13 PM 

Got that word from Tom, too! Thanks for checking on that. I'd not want to derail Scott's grievance 

on a technicality! 

With regards, 

Ramie 

On Oct 30, 2017, at 18:09, Cecile Scoon <cmscoon1@Jill.QJ.Qgy.JJ.et> wrote: 

Thank you! I got that from the form E also. Wazlavek says that i can cross that part out. 

Let me know what you find. 

r 

Cecile/sf 

Cecile Scoon, Esquire 

Peters & Scoon 

Attorneys at Law 

25 East 8th St 

Panama City, FL 32401 

850-769-7825

Please reply to both cmscoon2@.k!J.Ql.QgY-,□et and cmscoonl@Jm.Q1ogy.,J]fil when sending or 

replying to an email. Thank you. 

This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-

2521, is legally privileged, and may contain attorney-client or attorney opinion work 

product information. Unauthorized review, use, disclosure or distribution is strictly 

prohibited. If you are not the intended recipient, please contact the sender at (850) 769-

7825, or reply by email and destroy all copies of the original message. Thank you. 

From: "Ramie Gougeon" <rgQYgeQO.@uwf.edu> 

To: "Cecile Scoon" <cmscoonl@.knol,Qgy__.net> 

5ent: Monday, October 30, 2017 5:21 :36 PM 

Subject: Re: Notice of intent to file grievance Hudson 

T hat is curious. I can't imagine why I need to sign. Let me look into that. Will get an 

answer to you asap. 

On Oct 30, 2017, at 16:41, Cecile Scoon <cmscoon1@..koQfQgy.net> wrote: 

https://mail2.wowway.net/h/printmessage?id=236800&tz=America/Chicago 1/2 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 40 of 41
4/22/2020 WOW! Webmail 

Hello Dr. Gougeon. Do I need your signature on the form for intent to file a 

grievance although you have not been able to be involved up to this point? I was 

surprised to see that in the rules. Please contact me today. 850-319-1975 

Thank you, 

Cecile M. Scoon/s/ 

Cecile Scoon, Esquire 

Peters & Scoon 

Attorneys at Law 

25 East 8th St 

Panama City, FL 32401 

850-769-7825

Please reply to both m£QQ0.2_@..krJ.ruQgym and cmscoon1@JmQj_Qgy..net when 

sending or replying to an email. Thank you. 

This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. 

§2510-2521, is legally privileged, and may contain attorney-client or attorney

opinion work product information. Unauthorized review, use, disclosure or

distribution is strictly prohibited. If you are not the intended recipient, please

contact the sender at (850) 769-7825, or reply by email and destroy all copies of

the original message. Thank you.

https:llmailZ.wowway.net/h/printmessage?id=236800&tz=Amcrica/Chicago 212 

Case 3:20-cv-05875-MCR-HTC Document 1 Filed 10/13/20 Page 41 of 41