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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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