Lexington Theological Seminary, Inc. v. Vance

596 S.W.2d 11, 1979 Ky. App. LEXIS 516
CourtCourt of Appeals of Kentucky
DecidedMay 18, 1979
StatusPublished
Cited by38 cases

This text of 596 S.W.2d 11 (Lexington Theological Seminary, Inc. v. Vance) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lexington Theological Seminary, Inc. v. Vance, 596 S.W.2d 11, 1979 Ky. App. LEXIS 516 (Ky. Ct. App. 1979).

Opinions

HOWARD, Judge.

This is an appeal from a judgment entered in the Fayette Circuit Court ordering the Lexington Theological Seminary, Inc. (the defendant below) to grant a Master of Divinity graduate degree to Ottie David Vance (the plaintiff below), an admitted homosexual.

The trial court decided this case on a contractual basis. Briefly summarized, the trial court determined that the catalog issued by the Lexington Theological Seminary, Inc. (hereinafter referred to as the Seminary) fulfilled the requirements of a contract between the Seminary and Ottie [12]*12David Vance (hereinafter referred to as Vance). The trial court further determined that Vance had fulfilled all the academic and financial requirements needed as prerequisites for the granting of a degree. The court held that the catalog did not set forth reasonably clear standards concerning character traits and that none of the contract terms made clear that the Seminary could refuse to grant a degree to Vance because he was a homosexual.

Vance enrolled in the Seminary in September of 1972. In September, 1974, Vance applied to the faculty for admission to the degree candidacy program. The application was deferred until Vance fulfilled certain requirements relating to field experience.

Unbeknownst to the faculty or administrative staff of the Seminary, Vance was a homosexual and had actively engaged in this life style for a number of years. In September, 1975, Vance advised Dean Roy Graham of the fact that he was a homosexual, that he lived a homosexual life style and had been “married” to another man for six years, and that he now desired to come out of the closet. Dean Graham advised Vance to meet with Dr. Wayne H. Bell, president of the Seminary. Vance met with Dr. Bell and told him of his homosexual life style.

Dr. Bell emphasized to Vance that his life style and practice of homosexuality could impair the granting of a degree by the Seminary. Vance was advised that even if he met the academic requirements and was admitted to the degree candidacy program, neither of these factors guaranteed that he would be granted a degree. Vance testified that he was aware that the faculty and Board of Trustees must approve the granting of a degree and that he knew there was some question as to whether the faculty and/or the Board of Trustees would approve.

In January, 1976, Vance was informed that his application for degree candidacy was again being deferred until he could complete one particular course during the spring semester. Vance took the course and successfully completed it. In May, 1976, the faculty recommended that Vance receive his Master of Divinity degree. The Executive Committee voted not to approve the faculty recommendation and the full Board of Trustees subsequently ratified the Executive Committee’s decision not to grant Vance a degree. Vance thereafter instituted suit, seeking to have his degree conferred.

Vance also sought compensatory damages for lost wages and the award of attorney’s fees. The trial court held that Vance failed to prove any damages he sustained and did not award attorney’s fees. These two issues are the subject of Vance’s cross-appeal.

The Seminary argues three issues on appeal: 1) That the order compelling the conferring of the degree was a violation of the First Amendment right to freedom of religion; 2) that Vance failed to prove any contract between the parties and failed to prove a breach of contract by the Seminary or the fulfillment of obligations by Vance; and 3) that any alleged contract was rendered void because of Vance’s failure to reveal that he was a homosexual at the time of admission to the Seminary.

This Court will not discuss the First Amendment argument since this Court believes, as did the trial court, that this is a contract case. This Court differs with the trial court in that this Court believes that reasonably clear standards concerning character were set forth in the catalog.

The terms and conditions for graduation from a private college or university are those offered by the publications of the college at the time of enrollment and, as such, have some of the characteristics of a contract. University of Miami v. Militana, Fla.App., 184 So.2d 701, 704 (1966).

College regulations defining student conduct, challenged on the ground of vagueness, are not judged by the degree of specificity required for penal statutes. Neither are these regulations used in a vacuum, but rather they should be interpreted in the context of their intended import. Depperman v. University of Kentucky, 371 F.Supp. 73, 78 (E.D.Ky.1974). In Depper[13]*13man, the court held that the following regulation was not vague;

Any student may be denied permission to continue enrollment in the College of Medicine if, in the opinion of the Faculty Council, his knowledge, character or mental or physical fitness cast grave doubts upon his potential capabilities as a physician.

In the instant case, the portions of the catalog for the school year 1972-1973, which are relevant to this case, read as follows:

1) The introductory page, entitled “Education For Ministry”, contains the following two paragraphs:

Lexington Theological Seminary is engaged at the graduate level in professional education for the Christian ministry. Finding its charter in the gospel transmitted through the Bible and borne through history by the ongoing life of the church, it seeks to equip its graduates to serve as contemporary servants of that gospel.
By the time of graduation, students are expected, having worked through problems of vocational indecision, to be firmly committed to the role and mission with which they will begin their ministry.

2) The Master of Divinity Program is described in the following paragraph:

The Master of Divinity program is a three-year course of study and is designed for those who desire to become pastors of local congregations, leaders of religious education, religious leaders at the state and national level, ministers of music, campus ministers, chaplains in hospitals and in the armed forces, missionaries, and leaders in other specialized minis-teries.

3) The explanatory section for the application for degree candidacy contains the following paragraph:

At the time of his application for candidacy, the student’s overall seminary profile, including academic performance, field education leadership, financial responsibility, and fundamental character, is evaluated by the faculty. No student on probation may [be] admitted to candidacy.

4)The admissions standards and policies section contain the following paragraph:

Lexington Theological Seminary will consider for admission applicants who hold the B.A. degree or its equivalent.

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Lexington Theological Seminary, Inc. v. Vance
596 S.W.2d 11 (Court of Appeals of Kentucky, 1979)

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596 S.W.2d 11, 1979 Ky. App. LEXIS 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lexington-theological-seminary-inc-v-vance-kyctapp-1979.