ILNews

Nursing student loses appeal of dismissal from Purdue

Back to TopCommentsE-mailPrintBookmark and Share

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.

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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

ADVERTISEMENT