Organiscak v. Cleveland State University

762 N.E.2d 1078, 116 Ohio Misc. 2d 14
CourtOhio Court of Claims
DecidedAugust 28, 2001
DocketNo. 99-08785
StatusPublished
Cited by1 cases

This text of 762 N.E.2d 1078 (Organiscak v. Cleveland State University) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Organiscak v. Cleveland State University, 762 N.E.2d 1078, 116 Ohio Misc. 2d 14 (Ohio Super. Ct. 2001).

Opinion

Everett Burton, Judge.

The issues of liability and damages were bifurcated and a trial was held on the sole issue of liability. In her complaint, plaintiff, Kari-Ellen Organiscak, alleges that she was wrongfully terminated from the graduate speech and language program of defendant Cleveland State University.1

[16]*16In August 1993, plaintiff began taking courses in defendant’s Department of Speech and Hearing with the goal of earning a master’s degree with a specialization in speech-language pathology. In her first quarter, plaintiff earned a grade of “B” in two courses and a grade of “B-minus” in another. In June 1994, at the conclusion of her first academic year, plaintiff received a second grade of less than “B” and she was placed on “academic warning.” In January 1995, plaintiff was again notified that she was on academic warning after receiving a “C” during the fall quarter of 1994. Plaintiff remained on academic warning after she received a second grade of “C” in 1995 during the winter quarter in which she earned a 3.04 cumulative grade point average.

Due to her academic status, plaintiff was required to obtain special permission before she could register for an advanced clinical practicum in speech-language pathology. Although plaintiffs academic advisor counseled her against registering for the clinical practicum in the spring of 1995, she did receive permission to enroll from Dr. Gene Abkarian, Chairperson of the Department of Speech and Hearing. Plaintiff initially received a grade of “incomplete” in the course, which was later changed to a “B-minus.” On September 15, 1995, plaintiff was notified by letter that the clinical supervisory staff had recommended her for academic dismissal based upon “departmental guidelines.” The dismissal letter also informed plaintiff that she could petition for readmission after one calendar year and that the department may consider a petition for earlier readmission under “extreme extenuating circumstances.”

On November 30, 1995, plaintiff submitted her first petition for readmission. The petition included a description of plaintiffs work experience since her dismissal but did not include any other documentation to support her request for early readmission. Plaintiff received a reply letter from Dr. Sahley, the Chairperson of the Graduate Admissions and Standards Committee (“committee”), informing her that her petition was placed on “hold” pending receipt of supporting documentation. The committee directed plaintiff to provide letters from the “professionals” cited in her petition addressing four specific aspects of plaintiffs clinical experience. Although Dr. Sahley’s letter emphasized that the written documentation was “absolutely essential” to support plaintiffs petition for readmission, plaintiff did not comply with the request for documentation. On January 9, 1996, plaintiff was informed of the unanimous opinion of the committee to deny her petition for early readmission due to the lack of any evidence of “extreme extenuating circumstances.”

On April 21, 1997, plaintiff submitted her second petition for readmission. In support of her petition, plaintiff cited her success in another education program, her passage of a national test, and her recovery from the stress that she believed led to her previous academic difficulties; however, the petition did not contain [17]*17any supporting documentation. On May 14, 1997, Dr. Sahley wrote to inform plaintiff that the review committee did not support her petition because of her “failure to provide any evidence that would counter the reasons for original dismissal.” The letter also stated that the committee would not consider any future petitions for readmission.

Nevertheless, on April 1, 1998, plaintiff submitted a third petition for readmission. In a letter dated April 3, 1998, Dr. Benjamin Wallace, Chairperson the Department of Speech and Hearing, reiterated that plaintiffs dismissal was permanent and not appealable. After her petitions for readmission were denied, plaintiff unsuccessfully appealed to university officials, including the dean of the College of Arts and Sciences and defendant’s president.

The Tenth District Court of Appeals has determined that the relationship between a student and the university is contractual in nature. “It is axiomatic that * * when a student enrolls in a college or university, pays his or her tuition and fees, and attends such school, the resulting relationship may reasonably be construed as being contractual in nature.’ ” Bleicher v. Univ. of Cincinnati College of Med. (1992), 78 Ohio App.3d 302, 308, 604 N.E.2d 783, 787, quoting Behrend v. State (1977), 55 Ohio App.2d 135, 139, 9 O.O.3d 280, 282, 379 N.E.2d 617, 620. The terms of the contract between the university and the student are generally found in the college catalog and handbooks supplied to students. Elliott v. Univ. of Cincinnati (1999), 134 Ohio App.3d 203, 730 N.E.2d 996; Smith v. Ohio State Univ. (1990), 53 Ohio Misc.2d 11, 13, 557 N.E.2d 857, 859. In this case, the terms of plaintiffs contract with defendant are set forth in the Graduate College Bulletins (“bulletin”) that were admitted into evidence as plaintiffs Exhibit Nos. 1 and 2.

The dismissal policy contained in the bulletin provides:

“Recommendation for continuance in and dismissal from a graduate program are functions of the graduate committee of the graduate degree program.
“In the following cases, however, the actions described below are required:
“Review by the graduate program committee to determine a student’s ability to continue in graduate school [is] required upon receipt (in 100-899 level courses) of:
“a) one grade of F, or
“b) two grades of less than B, or
“c) two grades of NS.
“In each case the program recommendation for continuation or dismissal shall be forwarded to the Graduate Dean.
[18]*18“Mandatory dismissal by the Graduate College occurs if a student:
“a) receives a second grade of F, or
“b) accumulates a total of 12 credit hours of less than B grades and has a cumulative grade-point average below 3.00.” (Emphasis sic.)

Plaintiff asserts that defendant breached this policy by dismissing her before the committee had reviewed her record and before conditions for mandatory dismissal had occurred. The court disagrees.

When reviewing academic decisions, the standard of review is not whether a trial court would have decided the matter differently, but, rather, whether the faculty action was arbitrary and capricious. A trial court is required to defer to academic decisions of a university unless it is perceived that there existed “ ‘such a substantial departure from accepted academic norms as to demonstrate that the person or committee responsible did not actually exercise professional judgment.’ ” Bleicher,

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Related

Carter v. University of South Carolina
602 S.E.2d 59 (Court of Appeals of South Carolina, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
762 N.E.2d 1078, 116 Ohio Misc. 2d 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/organiscak-v-cleveland-state-university-ohioctcl-2001.