ESPINOSA | JOMARRON

ATTORNEYS

AT

LAW

January 18, 2012

Dr. Lakshmi N. Reddi, Dean

University Graduate School
Florida International University
PC 230, Modesto A. Maidique Campus
11200 Southwest 8th Street
Miami, Florida 33199
Email: lakshmi.reddi@fiu.edu
Dr. Kang K. Yen, Professor
Department of Electrical and Computer Engineering
FIU College of Engineering and Computing
10555 West Flagler St. EC3900
Miami, Florida 33174
Email: kang.Yen@fiu.edu

Re:

Jose J. Garcia Panther ID 1390133

Dear Dr. Reddi and Dr. Yen:

The undersigned law firm has been retained by Mr. Jose J. Garcia (Panther ID
1390133) to assist in ascertaining the propriety of his dismissal from Florida International
Universitys (FIU) College of Engineering and Design Graduate Program (Graduate
Engineering Program). Pursuant to FIUs Academic Grievance Procedure, we are submitting
this Informal Grievance Letter on behalf of Mr. Garcia. Mr. Garcias grievance is as follows:
In November 2000, Mr. Garcia was accepted into FIUs Graduate Engineering Program,
where he received his Masters Degree. Thereafter, in July 2002, Mr. Garcia was accepted to
FIUs Graduate Engineering Program for pursuit of his Ph.D. in Electrical Engineering.
In January 2004, Mr. Garcia submitted the required form for the Appointment of
Dissertation Committee (Form D-1) with Networking identified as the subject of his
dissertation. Mr. Garcias dissertation committee consisted of the following professors: Dr. Kia
Makki (Major Professor), Dr. Shih-Ming Lee, Dr. Subbarao Wunnava, Dr. Tadeusz Babij, Dr.
Jean Andrian, and Dr. Syed Ahmed. Thereafter, in November 2004, Mr. Garcia submitted the
form for the Program for Doctoral Degree and Application for Candidacy (Form D-2) and he
was advanced a candidate for the Ph.D.

4300 Biscayne Boulevard, Suite 305 | Miami, Florida 33137

(305) 717-7530 | Facsimile: (305) 717-7539 | jjomarron@ejtrial.com

Jose J. Garcia
January 18, 2012
Page | 2
In November 2007, Dr. Makki advised Mr. Garcia that he did not understand what Mr.
Garcia was trying to do in his dissertation and that another committee member should be
identified as Major Professor. The other committee members declined and one member advised
Mr. Garcia that his project would be very difficult to implement. Dr. Makki identified a new
Major Professor, Dr. Jian Wang, and on Dr. Wangs recommendation, Mr. Garcia changed his
dissertation topic to Optical Routers.
When Mr. Garcia attempted to submit the form for the Appointment of Revised
Dissertation Committee (Form D-1r) to reflect the changes, Dr. Makki advised him that Form
D-1r was not necessary because he remained the Major Professor and would supervise the
project. Notwithstanding these representations, Dr. Makki later advised Mr. Garcia that the
dissertation subject would have to be changed a third time. On November 19, 2007, Mr. Garcia
submitted Form D-1 identifying Wireless Telecommunications identified as the new
dissertation area. Per Dr. Makkis instructions that same day, Mr. Garcia submitted the form for
the Doctoral Dissertation Proposal (Form D-3), but Mr. Garcias proposal was returned by the
Graduate School due to grammatical and language revisions.
On April 7, 2008, Mr. Garcia submitted Form D-1r, to reflect the new composition of his
dissertation committee. Dr. Stavros Georgakopoulos replaced Dr. Kia Makki as the Major
Professor, and Dr. Subbarao Wunnava would no longer be serving on the committee. No
replacement was identified for Dr. Wunnava at that time. That same day, Mr. Garcia submitted
Form D-3.
On November 7, 2008, Mr. Garcia received an email from Stephan Mintz, Ph.D.,
Associate Dean of the Graduate School, noting deficiencies in his dissertation proposal, and the
need to have the proposal revised and reviewed by the dissertation committee prior to submission
to the Graduate School. Dr. Mintz also acknowledged the need to have a Major Professor
identified immediately. Mr. Garcia forwarded Dr. Mintzs email to another FIU employee and
acknowledged the changes to the committees composition and the need for revisions.
From Fall 2008 through August 2009, Mr. Garcia continuously emailed Dr.
Georgakopoulos. The nature of these emails consisted primarily of updates on Mr. Garcias
research and drafting of his dissertation. Furthermore, Mr. Garcia also advised Dr.
Georgakopoulos of other publications being submitted to the Latin American & Caribbean
Consortium of Engineering Institutions (LACCEI), to which seven (7) papers were submitted,
published, and presented at LACCEIs 9th Latin American and Caribbean Conference for
Engineering and Technology during August 3-5, 2011, in Medellin, Colombia.
Dr.
Georgakopoulos stopped providing feedback to Mr. Garcia in November 2008.
On or about August 24, 2010, a meeting was held with Kevin OShea, then-Interim Dean
of the Graduate School, Dr. Victoria Castellanos, and Dr. Georgakopoulos, where Mr. Garcia
was advised of the nine-year deadline for the completion of his Ph.D. According to Mr. Garcia,
Dr. Georgakopoulos advised him that an external dissertation committee had been formed to
evaluate his dissertation.
ESPINOSA | JOMARRON
4300 Biscayne Boulevard, Suite 305 | Miami, Florida 33137
(305) 717-7530 | Facsimile: (305) 717-7539 |jjomarron@ejtrial.com

Jose J. Garcia
January 18, 2012
Page | 3

As a follow up to the August 24, 2010 meeting, on September 3, 2010, Dr. Amir
Mirmiran, Dean of FIUs College of Engineering and Computing, and Dr. OShea sent Mr.
Garcia a letter summarizing his submissions of the requisite dissertation forms, advising him of
missed deadlines, and providing an action plan for completion of his dissertation. The letter does
not address the formation of any external committee.
The September 3, 2010 letter goes on to state that in order for Mr. Garcia to graduate by
the summer of 2011 (in accordance with FIUs 9-year limit policy), he would have been required
to submit his Form D-3 by July 1, 2010. The September 3, 2010 letter emphasizes that Mr.
Garcia should not pursue a Ph.D. in Electrical Engineering, but rather receive a Masters Degree,
however instructions for the completion of the dissertation were given. Specifically, Mr. Garcia
was advised of the following:
1. The dissertation committee would need to be reconstituted, and Form D-1r would need to
be submitted by October 1, 2010. Committee members were identified, along with the
designation of Dr. Kang Yen as Major Professor.
2. The development and approval of a Dissertation Research Proposal (Form D-3) by the
dissertation committee. The defense of the proposal in front of the dissertation committee
and the approval of Form D-3 must occur by December 13, 2010.
3. Completion of dissertation research. Having the approved Form D-3 on file with FIU
would allow a one year extension to the 9-year time limit to complete the dissertation.
4. Submission of the form for the Preliminary Approval of Dissertation and Request for
Oral Defense (Form D-5) by October 24, 2011; submission of the form for the
Dissertation Defense Report (Form D-6) by November 14, 2011; and submission of the
form for the Final Approval of Dissertation (Form D-7) by December 9, 2011.
On November 23, 2011, Dr. Mirmiran and Dr. Reddi, Dean of the Graduate School, sent
another letter in follow up to a meeting held with Mr. Garcia regarding the conclusion of his
doctoral degree studies at FIU. The November 23, 2011 letter mentions that Mr. Garcia
appeared on two (2) occasions in front of the dissertation committee and received feedback and
guidance. The letter goes on to state that Mr. Garcias dissertation draft does not consist of
quantity and quality of original research necessary to compile an acceptable dissertation draft
and submission of Form D-5 and that Mr. Garcia did not adhere to the November 14, 2011,
deadline for the successful defense of his dissertation.
Mr. Garcias dissertation theme has changed several times on the advice of faculty prior
to September 2010, due in part to Mr. Garcias lack of substantive mentorship from both Dr.
Makki and Dr. Georgakopoulos. As a result, we are submitting this Informal Grievance letter
pursuant to FIUs Grievance Procedure within ten (10) university days after classes began for the
ESPINOSA | JOMARRON
4300 Biscayne Boulevard, Suite 305 | Miami, Florida 33137
(305) 717-7530 | Facsimile: (305) 717-7539 |jjomarron@ejtrial.com

Jose J. Garcia
January 18, 2012
Page | 4
Spring 2012 semester. We believe that FIUs Grievance Procedure covers Mr. Garcias
dismissal, because said dismissal is the result of:
(1) unprofessional conduct by a professor which adversely affects either a students
ability to satisfy academic expectations, . . . or the students actual performance; and
(2) improper counseling by an adviser.
The failure by Dr. Makki and Dr. Georgakopoulos to properly serve as Major Professors
to Mr. Garcia adversely affected his ability to meet expectations associated with the dissertation
component. Moreover, the multiple changes to the dissertation theme on the recommendation of
Dr. Makki constituted improper counseling that resulted in a large portion of the 9-year window
period to be wasted on fruitless research and drafting. Such time could have been dedicated to
editing and refining language and grammatical issues faced by Mr. Garcia, which is considered
common among extremely intelligent individuals that speak multiple languages five (5)
languages in the case of Mr. Garcia.
Based on the foregoing, we kindly request, at your earliest convenience and per FIUs
Informal Grievance Procedure, a meeting with Dr. Reddi, Dr. Mirmiran, and Dr. Yen, to address
how the sub-standard mentorship and counsel provided to Mr. Garcia effectively prevented him
from completing the Ph.D. program in time.
I look forward to your timely cooperation.
Sincerely,
ESPINOSA | JOMARRON

By: Jesmany Jomarron, Esq.

cc:

Via Email only

Dr. Amir Mirmiran, Dean, mirmiran@fiu.edu
Dr. Kevin OShea, Associate Dean, osheak@fiu.edu
Dr. Victoria Castellanos, Associate Dean, castellv@fiu.edu
Dr. Stavros Georgakopoulos, Professor, georgako@fiu.edu
Dr. Kia Makki, Professor, makkik@fiu.edu

ESPINOSA | JOMARRON
4300 Biscayne Boulevard, Suite 305 | Miami, Florida 33137
(305) 717-7530 | Facsimile: (305) 717-7539 |jjomarron@ejtrial.com