Keiser University Fort Myers Student Defense Lawyer | Nursing Dismissal

Keiser University’s Fort Myers campus missed the statutory nursing benchmark in 2025 by 0.19 of a percentage point. On a cohort of 58 candidates that is a single result, and it is the narrowest miss of any Keiser campus in Florida.

75.86% against a floor of 76.05%

The associate-degree programme passed 75.86% of 58 first-time candidates — 44 passes. The floor was 76.05%. The campus’s baccalaureate programme passed 84.85% of 33, well above its 77.59% floor.

A margin this fine is worth naming honestly rather than overstating. It does not show a programme in difficulty. What it does show is a programme sitting exactly on the line, and that is the circumstance in which the incentive to remove a student whose result is predicted to be a failure is sharpest. If a dismissal here rested on predicted examination performance rather than on a rule the handbook actually states, that distinction is the case.

Under Fla. Stat. section 464.019(5)(a)1 a Florida nursing programme’s first-time NCLEX passage rate must stay within 10 percentage points of the national average for comparable programmes — for 2025 that floor was 76.05% for associate-degree programmes and 77.59% for baccalaureate programmes. Section 464.019(5)(a)2 puts a programme two consecutive years below it at risk of probation and loss of approval, and section 464.019(5)(c) then obliges the programme to disclose that probationary status in writing to its students and applicants. A single year below the floor is not probation, and the Board of Nursing publishes no probation roster, so probationary status has to be established from board minutes and orders rather than inferred from the rate. Every Florida programme and campus is tabulated on the Florida nursing programme pass-rate page.

What the number does do is explain the pattern. A programme under pressure to raise its first-time pass rate has an institutional reason to remove students it predicts will fail, and progression rules get applied more strictly than they read on the page. That is a fair point to put to a university, and a reason to check the rule actually applied against the rule as published.

Keiser is private, so the statute students rely on does not apply

Almost everything written about Florida student discipline assumes a public college, where Fla. Stat. section 1006.60(3) supplies notice, a hearing, the right to be accompanied by counsel and a burden that rests on the institution. Keiser University is private. None of that section reaches it.

What governs instead is the enrolment agreement, the catalogue and the student and programme handbooks, read as a contract. That is a narrower footing but not a weak one. Sharick v. Southeastern University of the Health Sciences establishes that a Florida student dismissed in breach of the institution’s own contractual undertakings has a claim, and that damages can extend to lost future earning capacity rather than a refund of tuition. The practical work is therefore documentary: identify the exact promises the university made about process, and show which of them it did not keep.

Deal with the arbitration clause before anything else

Keiser’s enrolment agreement has contained an arbitration clause. Whether it binds a particular student depends on the version they actually signed, how broadly it is drafted, whether it reaches non-contract claims, whether it is unconscionable in its cost or forum terms, and whether the university has waived it by litigating. That question comes first, because it decides whether there is a courtroom at all.

It also changes the venue analysis rather than removing it. If a claim falls outside the clause, or the clause fails, ordinary venue rules apply. And even inside arbitration, a petition to compel, confirm or vacate under the Federal Arbitration Act is filed in a federal district court — so the district a campus sits in still matters.

Where a Fort Myers case is filed

Lee County is in the Middle District of Florida, assigned by Local Rule 1.04(a) to the Fort Myers Division — the same division as Keiser’s Naples campus, and a different one from its Sarasota, Tampa and Lakeland campuses, which are all Tampa Division.

What can a student defense lawyer do here?

  • Resolve the arbitration question first, from the agreement the student actually signed.
  • Assemble the enrolment agreement, catalogue, student handbook and programme handbook for the correct edition, and identify the specific promises about process.
  • Test the progression arithmetic — withdrawals, repeats and clinical failures are often counted in ways the handbook does not authorise.
  • Press on the wording of the decision letter, which follows the student into every licensure and transfer application afterwards.
  • Preserve every internal appeal, on the shortest deadline any document states, while the contract analysis is developed.

The main university page, which sets out Keiser’s policy framework and every campus below the benchmark, is here: Keiser University student defence.

Other Florida nursing programs

Every school writes its own dismissal, appeal and conduct rules, and the filing deadlines are rarely the same from one campus to the next. These pages set out the procedure at other Florida nursing programs:

Common questions about Keiser University Fort Myers cases

By how much did Keiser Fort Myers miss the benchmark?

By 0.19 of a percentage point. The associate-degree programme passed 75.86% of 58 first-time candidates in 2025 against a floor of 76.05% — on that cohort, a single result.

Does such a narrow miss help or hurt my case?

Neither on its own. It does not show a failing programme. It does show a programme sitting on the line, which is when the incentive to remove a student predicted to fail is sharpest — so it is worth checking whether the dismissal rested on a published rule or on a prediction.

What law governs a dismissal at Keiser?

The enrolment agreement, catalogue and handbooks, read as a contract. Fla. Stat. section 1006.60(3) applies to public colleges only, and Keiser is private. Sharick v. Southeastern University of the Health Sciences is the Florida authority on the contract claim.

Which court covers Keiser Fort Myers?

The Middle District of Florida, Fort Myers Division. Lee County is assigned to Fort Myers by Local Rule 1.04(a).