Technically yes. But a conscience decision was made to do it this way because there was not other practical option.
The reason "S" traps are prohibited is because they can be sucked dry by the outflow of a large volume of water. As close as the vent pipe is to the trap that will ever happen in this case

[QUOTE=jeff J;3782364at a s-trap?[/QUOTE]
Yes, Jeff that is an s - trap and it has the potential to syphon. A toilet is designed to syphon and will do so even though its vent is usually only 6 or 8 inches away. A dry trap will let foul odors, germs, bacteria, and in some cases, vermin & insects into the living space.
There is a way to raise that tub trap and do so in a code compliant way - without using a dry horizontal vent below the flood level of the bath tub.
The photo marked attachment 48110 shows the vent pipe turning upwards through the floor - I suggest removing that elbow and replace it with a vertical ty, aim the ty branch at the tub drain tailpiece and connect both with a new trap & drain pipe. The bottom of the ty should now be connected with an elbow to the existing drain... simple, effective, and, code compliant... I have never, in my 45 years of installing plumbing systems, installed a dry horizontal vent below the flood level of a fixture...

Attachment 48851

This photo is a perfect example of the problem with dry horizontal venting below the flood level of a fixture.......