How the Courts Influence Teaching and Student Discipline: Lessons Learned From Case Law

Abstract

INTRODUCTION Most students enrolled in a professional medical program are well over the age of majority and better acquainted with their rights and the legal system than “traditional” students. Students who act professionally and perform well academically are easy for professional schools to manage. Much more difficult to manage are those who perform poorly academically or professionally. Of these, poor academic performance is far easier to demonstrate, and the consequences are often cut and dried: fail two courses and you are subject to dismissal (all set out in the student handbook). Criteria such as multiple choice exam scores are considered objective, and even subjective assessments by professors are accorded deference by the courts. More challenging are penalties for students accused of unprofessional or unethical behavior or those who perform poorly in clinical settings. This case law review will discuss the fact patterns of some representative cases and attempt to glean some lessons from each situation. Emerson v North Idaho College In the case of Emerson v N. Idaho College, a nursing student at the college’s nursing program was dismissed in 2003 for unsatisfactory attendance, incomplete assignments, and overall poor performance.1 The student filed a complaint in state court claiming defamation, emotional distress, age and national origin discrimination, disability (hearing impairment), and failure of due process. The student alleged that statements were made that demonstrated bias against those of Hispanic origin, and that the program failed to accommodate her hearing disability. Because the college was a state institution and thus a governmental entity to which certain constitutional guarantees of substantive due process and equal protection under the law applied, federal court jurisdiction existed and the case moved to federal court. The age discrimination claim was dismissed because the nursing program could document that older students had successfully completed the program. The disability discrimination claim was dismissed for many reasons. First, the The Academic Law feature focuses on legal issues that affect those working in academic environments. Articles are typically written by the feature editor. Suggestions for topics to be covered are welcome. The feature editor can be reached at: