ILNews

Dismissed dental student loses suit against IU

Back to TopCommentsE-mailPrint

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT