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Nursing student loses appeal of dismissal from Purdue

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A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.

Judy Chang enrolled in the nursing program in 2007, but had several incidents and confrontations with students that led to meetings with program leaders. An incident in October 2008 with student Julie Webb led to dismissal of Chang from the program. Chang and Webb argued about a group project and Webb, who was pregnant at the time, believed Chang was going to push her down the stairs. Webb also contacted police about the incident.

Chang was charged with unprofessional conduct pursuant to the Department of Nursing Professional Misconduct policy. A committee of the Department of Nursing decided she should be dismissed; Chang appealed up to the IPFW chancellor, who also affirmed the dismissal. Chang filed her lawsuit against the school and officials in October 2009. She alleged her due process rights were violated under the 14th Amendment and the Indiana Constitution, and that the school officials’ acts breached a contract she had with the school. She also alleged tortious interference with contract.

The breach of contract claims were the only ones to survive summary judgment motions and go before a jury. The jury ruled in favor of the school.

The Court of Appeals concluded that Chang failed to designate any evidence that the nursing department’s decision to dismiss her was arbitrary, capricious or made in bad faith, so she was entitled to summary judgment on the breach of contract claims. The judges also found the evidence supported the jury verdict against her regarding those claims.

They affirmed summary judgment for the trustees and other school officials on Chang’s claims for due process violations and tortious interference. Regarding the tortious interference claims, Chang failed to comply with the notice provisions of the Indiana Tort Claims Act.

The case is Judy Chang v. Purdue University, The Trustees of Purdue University; Dr. France A. Cordova, President of Purdue University (in her official capacity); et al.,
02A03-1206-PL-272.

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

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  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

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  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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