Hunt v. University of Alaska, Fairbanks

52 P.3d 739, 2002 Alas. LEXIS 112, 2002 WL 1822366
CourtAlaska Supreme Court
DecidedAugust 9, 2002
DocketS-10115
StatusPublished

This text of 52 P.3d 739 (Hunt v. University of Alaska, Fairbanks) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt v. University of Alaska, Fairbanks, 52 P.3d 739, 2002 Alas. LEXIS 112, 2002 WL 1822366 (Ala. 2002).

Opinion

52 P.3d 739 (2002)

William HUNT, Appellant,
v.
UNIVERSITY OF ALASKA, FAIRBANKS, Appellee.

No. S-10115.

Supreme Court of Alaska.

August 9, 2002.
Rehearing Denied October 25, 2002.

*740 William Hunt, pro se, North Pole.

Paul B. Eaglin, University of Alaska Office of the General Counsel, Fairbanks, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

William Hunt applied for and was denied outright admission to the Elementary Education Program by the School of Education at the University of Alaska Fairbanks. Instead, he was granted conditional acceptance. After he was unable to fulfill the conditions of his acceptance, the university removed Hunt from his student teaching class. Hunt appealed this decision to the university academic *741 appeals committee, which found that the School of Education acted in accordance with its published guidelines for admission. Hunt then appealed to the superior court, which upheld the decision of the academic appeals committee and awarded the university $3,000 in attorney's fees. Because the university complied with its regulations in denying Hunt admission, we affirm that decision.

II. FACTS AND PROCEEDINGS

William Hunt is an aspiring elementary education teacher at the University of Alaska Fairbanks (UAF). After being injured while working as a mechanic in 1995, Hunt enrolled at UAF using his workers' compensation benefits to pay for his education. When his workers' compensation benefits ended, Hunt relied on temporary public assistance to pay for his education and the expenses of raising his children as a single parent. Due to the constraints of the welfare program, Hunt needed to obtain his degree by May 2000.

In early 1999, Hunt applied for admission to the School of Education (SOE) at UAF, three years after first enrolling at the university, as is customary for elementary education majors. Admittance to the SOE is required for an elementary education major to take the methods block[1] and student teaching classes (the so-called "professional year") needed to obtain a bachelor's degree in education.

While Hunt apparently excelled in math and science classes, his language and reading skills were not nearly as strong. The committee of faculty members who reviewed his SOE application (which consisted of his transcripts, recommendations, and timed and untimed writing samples) rated his writing skills as marginal at best. Rather than rejecting Hunt outright, the committee recommended that Hunt be allowed to take the Praxis exam, a test of basic reading, writing, and math skills, after which a decision on his acceptance into the SOE would be made.

When Hunt entered UAF, the Praxis exam was not required for admission to the SOE. In 1998, the state began to require passing scores on the Praxis exam for teacher certification. In the 2000-2001 UAF catalog, students were, for the first time, required to report their Praxis scores to the SOE when applying for admission to the elementary education program.

Hunt took the Praxis exam in spring 1999 and failed the reading and writing portions. The SOE informed Hunt that, unless he retook and passed the Praxis exam, he would be unable to proceed into his professional year. As he did not believe he was required to take the exam under his catalog year[2] of 1996-1997 and the exam was offered only in Anchorage that summer, Hunt requested a waiver of the exam. Hunt was eventually granted a partial waiver that allowed him to take the Fall 1999 methods classes on the conditions that he pass the Praxis exam before beginning student teaching in Spring 2000 and that he attend the Writing Center at UAF to further develop his language skills.

Hunt took the exam again in Fall 1999 but did not receive a passing score. After passing his methods classes and submitting an essay for student teaching that exhibited better writing skills than those exhibited in his initial application to the SOE, Hunt again applied to the student teaching program. Though Hunt began student teaching in January 2000, he was informed by the SOE that he was unable to continue with his student teaching because he had failed to fulfill the condition of passing the Praxis exam. He was then removed from the class.

Hunt appealed the SOE's decision to UAF. A university-wide academic appeals committee held a hearing on Hunt's case in February 2000. In that hearing, it was established that Hunt's approval to student teach was contingent only on his passing of the Praxis *742 exam. The appeals committee decided to uphold the requirement that Hunt pass all three parts of the Praxis exam before he began student teaching.

Hunt appealed this decision to the superior court. Superior Court Judge Pro Tem Mark I. Wood held that UAF complied with its catalog in requiring Hunt to pass the Praxis exam before student teaching. Finding that UAF's decision to require Hunt to pass the exam was a reasonable exercise of its discretion, the court held that the final decision of the academic appeals committee was not arbitrary or unreasonable. Judge Wood later granted UAF attorney's fees in the amount of $3,000. Hunt now appeals.

III. STANDARD OF REVIEW

In administrative appeals, we directly review the agency action in question.[3] Review of whether UAF complied with its own regulations is limited to a determination of whether the decision was arbitrary, unreasonable, or an abuse of discretion.[4] An abuse of discretion is found "when we are left with a definite and firm conviction, after reviewing the whole record, that the trial court erred in its ruling."[5] "In matters of academic merit, curriculum, and advancement, courts afford university faculty and administrators substantial discretion."[6]

We review the imposition of an attorney's fees award under an abuse of discretion standard.[7]

IV. DISCUSSION

A. UAF Was Entitled To Require Hunt To Pass the Praxis Exam as a Condition of Admission to the Elementary Education Program.

Hunt argues that UAF ignored all the factors that demonstrated he was ready and able to complete his professional year. He claims that UAF arbitrarily and capriciously based its decision solely on whether he passed the Praxis exam. He claims that the university failed to comply with the terms of the UAF catalog because successful completion of the Praxis exam is not required in the catalog.

The UAF catalog requires that, to be admitted to the SOE, a student must "formally apply for admission to the Fairbanks elementary education program...."[8]

The Elementary Education Program is a selective teacher education program.... Admission to UAF as a degree student majoring in education does not automatically qualify a student for admission to the Elementary Teacher Education Program. Admission to the Program is based on a comprehensive system that includes more than one measure and is used by the education faculty to assess the personal characteristics, communications, and basic skills proficiency of candidates preparing to teach.[9]

Applicants are measured on multiple factors, which are weighed and assessed by various means, and include, but are not limited to, "faculty rating forms, letters of reference, university transcripts, writing samples, and evaluations from University-sponsored practicum placements."[10]

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52 P.3d 739, 2002 Alas. LEXIS 112, 2002 WL 1822366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-university-of-alaska-fairbanks-alaska-2002.