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Courts Continue to Give Colleges Wide Discretion on Academic Matters  


Author:  Ralph Gerstein.; Lois Gerstein.


Source: Volume 17, Number 01, Fall 2015 , pp.9-13(5)




Campus Safety & Student Development

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Abstract: 

College professors and departments occasionally make decisions to deny course credit or confer a degree for reasons other than grades, such as conduct violations—and students frequently challenge these determinations, sometimes in court. This article examines the facts and rulings in a number of such cases. Colleges and universities have a wide discretion in determining the academic quality of the work performed by or submitted by students. However, they must give students fair warning of what is required of them and must refrain from making misrepresentations about the requirements for a degree. Moreover, although the courts will not second-guess a particular grade given in good faith, they will intervene if a professor makes a pre-determination to give a student a low grade or a failing grade regardless of the quality of the student’s work.

Keywords: Sahm v. Miami Univ; Wells v. Xavier Univ; Johnson v. Western State Colorado Univ.

Affiliations:  1: Journal Editor; 2: Journal Editor.

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