ILNews

Dismissed dental student loses suit against IU

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT