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Abstract: 

A student in the middle of a two year surgical program was rejected by the clinical site where he was about to begin his clinical rotation because he had a prior criminal conviction. Told that he could either transfer to another MMC program or get the felony charges expunged and then reapply to the surgical technology program, he opted to obtain expungement—but when he reapplied for the program, he was told that the admission requirements had changed and that applicants were now required to have a “clean record.” He sued MMC on breach of contract and prevailed—not because the background checks were unconsitutional or unlawful, but because the process was not timely or competently administered. In a second case, we review a school policy requiring drug testing even where no suspicion of drug use is present. The Eight Circuit ruled that State Technical College of Missouri (Linn State) could conduct drug tests on students enrolled in programs where health and safety are issues.

Keywords: Supplee v. Miller-Motta Business College; Ross v. Creighton University; Kittle-Aikeley v. Strong; urinalysis; drug-free environment; Vernonia School District v. Acton; Board of Education of Independent School Dist. No. 92 of Pottawatomie County v. Ea

Affiliations:  1: Co-Editor; 2: Co-Editor.