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Dismissed dental student loses suit against IU

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The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.

Sung Park sued the dentistry school after she was dismissed for her “admitted inability to prioritize and accomplish competing tasks” and her “noncompliance (with) professional responsibilities,” according to the dentistry school’s Faculty Professional Conduct Committee. Park appealed through university channels, but her appeals were unsuccessful.

She then sued in the Southern District, alleging Equal Protection and Due Process violations, as well as claims for state law breach of contract. Judge William Lawrence dismissed for failure to state a claim. The 7th Circuit Court of Appeals agreed in Sung Park v. Indiana University School of Dentistry, et al., 11-1933, 11-2109.

The judges found that Park’s academic record was “marred by a host of problems” leading to her dismissal. “Absent some indication that this decision was arbitrary or made in bad faith — and the complaint points to none that we can detect — we decline to second-guess the judgment of the faculty,” Judge Diane Wood wrote.

Park’s procedural and substantive due process rights were not violated either. Wood pointed out that the Due Process Clause does not protect the right to “follow any particular career.” They judges also found that her Equal Protection Clause claim fails.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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