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Appeals court finds IU med student properly dismissed

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A third-year student at Indiana University School of Medicine kicked out after the university concluded he cheated on an exam lost his appeal of the trial court’s summary judgment in favor of the university.

Marion Superior Judge Cynthia Ayers properly granted IU’s motion for summary judgment in Peter F. Amaya v. D. Craig Brater, M.D., In his Capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al., 49A04-1212-PL-620, a panel of the Indiana Court of Appeals ruled Tuesday.

Amaya failed to convince an appellate judge that there were material issues of fact that he was denied due process or that his dismissal was unsupported by evidence. The court previously rejected Amaya’s claims against IU for breach of contract, breach of good faith and fair dealing.

Amaya denies cheating on a mini-block exam in 2010 after three proctors accused him of copying test answers from a neighboring student.

“Based upon the summary judgment materials and designated evidence, we conclude that Amaya has not met his burden to establish that the trial court erred in finding there was no genuine issue of material fact as to Counts I and II of Amaya’s second amended verified complaint and in granting the University’s second motion for summary judgment as to those claims,” Judge Elaine Brown wrote for the court. “We affirm the trial court’s summary judgment in favor of the University.”
 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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