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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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