Reardon v. Allegheny College

926 A.2d 477, 2007 Pa. Super. 160, 2007 Pa. Super. LEXIS 1572
CourtSuperior Court of Pennsylvania
DecidedJune 1, 2007
StatusPublished
Cited by114 cases

This text of 926 A.2d 477 (Reardon v. Allegheny College) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reardon v. Allegheny College, 926 A.2d 477, 2007 Pa. Super. 160, 2007 Pa. Super. LEXIS 1572 (Pa. Ct. App. 2007).

Opinion

OPINION BY

TAMILIA, J.:

¶ 1 Laura Reardon appeals from the August 15, 2006, Order dismissing her complaint with prejudice and sustaining appel-lees’ preliminary objections in the nature of a demurrer.

¶2 The trial court found the following facts. See Trial Court Opinion, Folino, J., 10/4/06, at 1-2. Appellant was a student at Allegheny College (Allegheny) majoring in music with a minor in biology, having since graduated. During the spring semester of 2004, appellant, as part of her biology curriculum, enrolled in an investigative laboratory biology course taught by appellee Margaret Nelson. Professor Nelson assigned appellant, appellee Stacy Miller, and appellee Megan Reilly to work on a lab experiment as a group. Each student was required to submit an individual paper analyzing the results of the experiment upon completion.

¶ 3 When Professor Nelson viewed the class paper submissions, she immediately suspected plagiarism as appellant and Reilly’s papers contained identical sections. Upon further reflection, Professor Nelson’s suspicions pointed to appellant as the plagiarizer. Shortly thereafter, Allegheny’s administration was notified of appellant’s indiscretion.

¶ 4 The trial court concluded Allegheny faithfully adhered to its internal procedure in adjudicating the plagiarism charge. First, a panel of the Honors Committee was convened and it determined there was a reasonable likelihood that appellant had violated the Honor Code, thereby warranting further action. Next, the College Judicial Board (CJB) conducted a lengthy adjudicatory hearing wherein appellant was given the opportunity to present evidence and confront the witnesses offered against her. The CJB found appellant guilty of plagiarism and imposed a failing grade for the biology lab course; stripped appellant of her Latin Honors; ordered appellant to complete community service; and placed appellant on academic probation for the duration of her academic career at Allegheny. Appellant then was afforded the opportunity, as of right, to appeal to the school’s President who affirmed the findings and disposition of the CJB.

¶ 5 On April 7, 2006, appellant filed a written complaint raising claims for breach of contract against Allegheny and, in a separate count, against Professor Nelson; claims for defamation against Allegheny and Professor Nelson and, in a separate count, defamation claims against both Miler and Reilly. She also pursued a claim for the intentional infliction of emotional distress against Allegheny, Professor Nelson, Miller, and Reilly. Record, No. 6. After appellees filed preliminary objections that were sustained, appellant filed an amended complaint raising, with more specificity, the claims that had been raised in the first complaint along with a newly pled negligence claim against both Allegheny and Professor Nelson. Appellee responded by demurring to all six counts contained in the amended complaint. Following dismissal of the amended complaint, appellant perfected a timely appeal with this Court in which she raises the following issues:

1. Did the Lower Court err when it determined that the Appellee College complied substantially with the requirement of providing a fair and impartial [480]*480judicial process and did not breach its contract with Appellant?
2. Did the Lower Court err when it determined that the Appellant failed to plead sufficient information to show that a third-party contractual relationship may exist, and that if one did, Appellant failed to sufficiently plead that such contract was breached?
3. Did the Lower Court err when it determined that the statements made by Appellees, under all of the circumstances, could not be construed as defamatory?
4. Did the Lower Court err when it determined that the Negligence claim was barred by the “Gist of the Action Doctrine” and that no other duties or obligations existed between the parties, under all of the circumstances?
5. Did the Lower Court err when it determined that the actions of all of the Appellees, under all of the circumstances, were not sufficient to support an action for Intentional Infliction of Emotional Distress?

Appellant’s brief at 7.1

II6 Our standard and scope of review over a trial court’s decision to sustain a litigant’s preliminary objections are well-settled:

Our standard of review mandates that on an appeal from an order sustaining preliminary objections which would result in the dismissal of suit, we accept as true all well-pleaded material facts set forth in the Appellant[’s] complaint and ah reasonable inferences which may be drawn from those facts. This standard is equally applicable to our review of PO’s in the nature of a demurrer. Where, as here, upholding sustained preliminary objections would result in the dismissal of an action, we may do so only in cases that are clear and free from doubt. To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that the law would not permit recovery by the plaintiff upon the facts averred. Any doubt should be resolved by a refusal to sustain the objections.
We review for merit and correctness— that is to say, for an abuse of discretion or an error of law. This case was dismissed at the preliminary objections stage on issues of law; our scope of review is thus plenary.

Donahue v. Federal Express Corp., 753 A.2d 238, 241 (Pa.Super.2000), quoting Ellenbogen v. PNC Bank N.A., 731 A.2d 175, 181 (Pa.Super.1999).

¶ 7 Appellant contends Allegheny breached its contract with her by failing to follow its promised internal procedure for disposing of academic misconduct claims. She further contends Allegheny breached the contract by conducting the process in a “flawed, biased, and unfair” manner.

118 The relationship between a privately funded college and a student has traditionally been defined in this Commonwealth as strictly contractual in nature. Barker v. Trustees of Bryn Mawr College, 278 Pa. 121, 122, 122 A. 220, 221 (1923); see also, Ross v. Pennsylvania State Univ., 445 F.Supp. 147,152 (M.D.Pa.1978). As such, we review the agreement between the parties concerning disciplinary procedures, contained within a portion of the student handbook known as The Compass, as we would any other agreement between two private parties. See Murphy v. Duquesne Univ. of the Holy Ghost, 565 Pa. 571, 777 A.2d 418, 428 (2001).2 “When a [481]*481contract so specifies, generally applicable principles of contract law will suffice to insulate the institution’s internal, private decisions from judicial review.” Id. at 429.

¶ 9 Appellant does not contend the language of The Compass is ambiguous.3 See generally, Murphy, supra at 429 (“When a writing is clear and unequivocal, its meaning must be determined by its contents alone.”), quoting Robert F. Felte, Inc. v. White, 451 Pa. 137, 302 A.2d 347, 351 (1973) (additional citation omitted). Rather, she contends Allegheny breached its promised procedure by failing to notify her of a preliminary hearing held by the Honors Committee panel. Appellant’s brief at 14, 21.

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Bluebook (online)
926 A.2d 477, 2007 Pa. Super. 160, 2007 Pa. Super. LEXIS 1572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reardon-v-allegheny-college-pasuperct-2007.