Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Monday, April 06, 2015

Due process in cases involving student discipline differs from due process requirements involving the assessment of academic performance


Due process in cases involving student discipline differs from due process requirements involving the assessment of academic performance
2015 NY Slip Op 02775, Appellate Division, Second Department

Shortly before graduation a student [Student] in the nursing program at a Community College (College) was dismissed from the program for alleged academic deficiency. The student was told that she would receive a failing grade in a course and was given the option instead to withdraw from that course and repeat it.

Student declined to withdraw from the course and was dismissed from the program. She sued the College, challenging her dismissal and also sought damages for, among other things, breach of contract and violation of her right to due process.

Supreme Court denied Student’s petition, dismissed the proceeding and Student appealed.

The Appellate Division sustained the Supreme Court ruling explaining that unlike disciplinary action taken against a student, an institution’s assessments of a student's academic performance, whether in the form of particular grades received or measures taken because a student has been judged to be scholastically deficient, necessarily involve academic determinations requiring the special expertise of educators. According, to preserve the integrity of the credentials conferred by educational institutions, the courts have long been reluctant to intervene in controversies involving purely academic determinations.

The court further explained that although determinations made by educational institutions concerning the academic performance of their students are not completely beyond the scope of judicial review, "that review is limited to the question of whether the challenged determination was arbitrary and capricious, irrational, made in bad faith, or contrary to Constitution or statute."

In this case, said the court, the Student’s professors at the College “made a substantive evaluation of her academic capabilities, and found that her clinical skills were not sufficient to pass the course.” Further, there was no evidence in the record that the professors' evaluations were made in bad faith or were arbitrary and capricious or irrational, nor was there any evidence of a violation of the New York or United States Constitution, or of any statute.

As to Student’s claim that she was deprived of due process, the Appellate Division commented that the requirements of due process are less stringent when a student is dismissed for academic reasons than when a student is dismissed or suspended for disciplinary reasons. The court found that with respect to academic evaluations, Student was not entitled to a formal hearing, and the procedure utilized by the College was adequate.

The decision is posted on the Internet at:

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.