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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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