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Student kicked out of IU medical school loses on breach of contract claim

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An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.

Three professors saw Peter F. Amaya repeatedly glance to his right during a mini-block examination in March 2010 and believed he was cheating. Amaya denied he cheated, claiming he was looking up at a clock on the wall. At a show cause hearing before the Student Promotions Committee, Amaya made a PowerPoint presentation and provided other materials to support his claim.

A field test conducted in the testing room concluded the professors could tell when a student was looking up at the clock or over at another student’s exam. In June 2010, the SPC recommended Amaya be dismissed for failure to maintain acceptable professional standards; the SPC declined to reverse its recommendation, and the school’s dean, D. Craig Brater, upheld the dismissal.

Amaya sued on several grounds, with his claims of breach of contract and breach of good faith and fair dealing the only issues before the Court of Appeals. The trial court granted summary judgment for the medical school on these claims in April 2012.

After finding the claim for breach of duty of good faith and fair dealing doesn’t apply to this case, the judges upheld summary judgment on the breach of contract claim in Peter F. Amaya v. D. Craig Brater, M.D., in his capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al., 49A04-1204-PL-208.

“… even assuming that an implied contract existed between Amaya and IUSM, and even assuming that IUSM failed to strictly follow the procedures outlined in all its handbooks and codes or to publish its procedures in specific accordance with accreditation standards as asserted by Amaya, that does not automatically lead to a finding of breach of contract on the part of IUSM,” Judge Terry Crone wrote. “It is well settled that before a court will intervene into the implied contractual relationship between student and university, there must be some evidence that the university acted arbitrarily or in bad faith. Amaya has failed to designate any such evidence here.”

The medical school followed its published procedures for dismissal and there is no evidence designated that the school’s decision to dismiss Amaya was arbitrary, capricious or made in bad faith, the judges held.

 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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