Morein v. Drexel University

44 Pa. D. & C.4th 13, 2000 Pa. Dist. & Cnty. Dec. LEXIS 364
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedFebruary 1, 2000
Docketno. 03418
StatusPublished
Cited by1 cases

This text of 44 Pa. D. & C.4th 13 (Morein v. Drexel University) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morein v. Drexel University, 44 Pa. D. & C.4th 13, 2000 Pa. Dist. & Cnty. Dec. LEXIS 364 (Pa. Super. Ct. 2000).

Opinion

FINDINGS OF FACT

SYLVESTER, J.,

This matter was tried from April 27,1999 to April 29,1999 on an action filed by the plaintiff, claiming that he was wrongfully discharged from a doctoral program at defendant Drexel University.

Having carefully reviewed the record in this matter as well as the various filings of the parties and the applicable law, the court makes the following findings of fact and conclusions of law:

(1) Plaintiff, Robert Morein, is an adult resident of the Commonwealth of Pennsylvania.

(2) Defendant Drexel University is an academic institution situated at 32nd and Chestnut Streets, Philadelphia, Pennsylvania.

(3) Defendants Constantine Papadakis, Dr. Eli Fromm, Dr. Bruce Eisenstein, Dr. Paul Kalata, and Dr. Moshe Kam all are adult individuals who are employed by defendant Drexel University.

(4) Plaintiff, having received a bachelor of science degree in 1974 from Lehigh University and a master’s degree from Temple University in 1981, applied for and was accepted by defendant Drexel University in 1989 as a doctoral candidate in the field of electrical and computer engineering.

(5) Prior to being accepted into the doctoral program, the plaintiff was required to take several courses in the post-master’s program in which courses he obtained a 3.8 grade point average.

[16]*16(6) Plaintiff was. also required to take written and oral examinations which he passed prior to his acceptance in the doctoral program.

(7) Upon being admitted into the doctoral program, plaintiff was assigned defendant Dr. Paul Kalata as his thesis supervisor and advisor.

(8) Dr. Kalata had not published any articles in his field for several years and had a poor record as a thesis supervisor.

(9) From the date of his admission in the doctoral program until his dismissal, the plaintiff was not provided with meaningful or constructive guidance with respect to his field of study which concerned noise reduction in certain types of sensors.

(10) While acting as plaintiff’s thesis supervisor, defendant Kalata had a financial relationship with a private corporation, namely K-Tron Corporation.

(11) Defendant Kalata did not immediately disclose this relationship to the plaintiff even though defendant Kalata took plaintiff’s work to the company with which he was financially involved and received favorable reviews of it.

(12) A dispute arose between the plaintiff and defendant Kalata over Dr. Kalata’s bringing of plaintiff’s work to the company with which he was associated and with respect to possible compensation for the plaintiff.

(13) On account of the poor relationship that plaintiff and defendant Kalata had, plaintiff appealed to the chairman of defendant Kalata’s program, namely, defendant Dr. Moshe Kam, for the appointment of another thesis supervisor.

(14) Dr. Kam was Dr. Kalata’s only successful doctoral candidate and had a close relationship with him.

(15) Despite the plaintiff’s request, Dr. Kalata was not relieved as plaintiff’s thesis supervisor.

[17]*17(16) Rather, a committee composed of four professors, including Drs. Kalata and Kam, was formed to oversee the plaintiff’s work in August of 1991 at the suggestion of Dr. Kalata.

(17) Plaintiff met infrequently with the members of the committee.

(18) The committee did not provide him with guidance or any suggestions as to how he could prepare his thesis.

(19) Approximately every six months after the committee was formed, plaintiff’s work was reviewed. However, the individuals reviewing the work were not capable of understanding plaintiff’s theories which were highly advanced and proposed a novel approach to the problem on which he was working.

(20) From the time of his admission into the doctoral program in 1990 until June of 1994, plaintiff did not receive any guidance as to how he should proceed with respect to the preparation of his doctoral thesis.

(21) Such assistance was first provided in June of 1994 by Professor Tretiak, who was a member of the committee assigned to supervise the plaintiff. '

(22) In January of 1995, plaintiff made a presentation to the committee. It was deemed insufficient.

(23) Plaintiff was thereafter dismissed from the doctoral program by a unanimous vote of the appointed committee because he had not completed the program in five years as required by a Drexel University regulation embodied in the graduate student handbook.

CONCLUSIONS OF LAW

(1) Trial courts are usually reluctant to interfere in disputes between students and post-secondary institutions of learning.

[18]*18(2) Despite this, a student may bring a cause of action for breach of contract where the defendant college or university has breached written policies, guidelines, or procedures or has acted in an arbitrary or capricious manner.

DISCUSSION OF LAW

This case involves a lawsuit brought by a doctoral candidate against Drexel University and certain professors assigned to counsel and guide him in his endeavor to be granted a doctoral degree. Having carefully reviewed the matter, this court has concluded that plaintiff is entitled to relief insofar as it is clear to this court that the defendants did not fulfill their contractual responsibility to educate the appellant, as the defendants violated certain written provisions of the agreement between themselves and the plaintiff and acted in an arbitrary and capricious manner with respect to the plaintiff.

This court recognizes that, as a general rule, the legal system is reluctant to intervene in disputes between an academic institution and its students. See Regents of University of Michigan v. Ewing, 474 U.S. 214, 1065 S.Ct. 507, 88 L.Ed.2d 523 (1985); Boehm v. University of Pennsylvania School of Veterinary Medicine, 392 Pa. Super. 502, 573 A.2d 575 (1990). In spite of this, the courts of this Commonwealth have established that suits may be brought by students against an academic institution for breach of contract. Cavaliere v. Duff’s Business Institute, 413 Pa. Super. 357, 605 A.2d 397 (1992). In Swartley v. Hoffner, 734 A.2d 915 (Pa. Super. 1999), allocatur denied:

“Based upon the prior statements of our court, as well as the numerous learned decisions of other courts, we [19]*19now hold that the relationship between a private educational institution and an enrolled student is contractual in nature; therefore, a student can bring a cause of action against said institution for breach of contract where the institution ignores or violates portions of the written contract.” Swartley, 734 A.2d at 919. (citations omitted)

The Swartley

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Related

Tran v. State System of Higher Education
986 A.2d 179 (Commonwealth Court of Pennsylvania, 2009)

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Bluebook (online)
44 Pa. D. & C.4th 13, 2000 Pa. Dist. & Cnty. Dec. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morein-v-drexel-university-pactcomplphilad-2000.