Susan M. v. New York Law School

556 N.E.2d 1104, 76 N.Y.2d 241, 557 N.Y.S.2d 297, 1990 N.Y. LEXIS 1413
CourtNew York Court of Appeals
DecidedJune 14, 1990
StatusPublished
Cited by72 cases

This text of 556 N.E.2d 1104 (Susan M. v. New York Law School) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Susan M. v. New York Law School, 556 N.E.2d 1104, 76 N.Y.2d 241, 557 N.Y.S.2d 297, 1990 N.Y. LEXIS 1413 (N.Y. 1990).

Opinion

[243]*243OPINION OF THE COURT

Alexander, J.

In this article 78 proceeding, petitioner challenges her dismissal for academic deficiency from respondent law school. Because her allegations are directed at the pedagogical evaluation of her test grades, a determination best left to educators rather than the courts, we conclude that her petition does not state a judicially cognizable claim. Accordingly, we modify the order of the Appellate Division to dismiss the petition in its entirety.

I

Petitioner enrolled at respondent law school in the fall of 1985. In accordance with respondent’s published rules, petitioner was automatically placed on academic probation at the end of her first year for having failed to achieve a 2.0, or "C” cumulative average. The law school rules further provided that a student on probation who thereafter fails to achieve both a semester and a cumulative average of 2.0 is subject to academic dismissal at the discretion of the law school’s Academic Status Committee (Committee). Such a student, however, has the right to present written and oral statements to the Committee explaining his or her failure to meet the school’s academic standards.

Although petitioner earned a cumulative average of 2.001 at the end of her third semester, in her fourth semester her average dropped to 1.546, lowering her cumulative average to 1.89. Consequently she was notified that the Academic Status Committee would be considering whether she would be permitted to continue her studies. She submitted a written statement to the Committee, describing factors that she claimed affected her performance. In this written statement, petitioner blamed her less than "C” average on the grades she received in two of her fourth semester courses, namely, Constitutional Law II, in which she received a "C — ”, and Corporations, in which she received a "D”. She argued that these grades did not fairly and accurately reflect the knowledge she had demonstrated on the exams in those courses. Petitioner also appeared before the Committee to state her case orally. She contends that when she attempted to raise the subject of the [244]*244two grades, she was immediately interrupted by the Committee chairperson who told her that the Committee would not consider them. Petitioner then gave other reasons for her below average performance. They were unavailing and the Committee voted unanimously to dismiss her for failure to meet the law school’s academic standards. Petitioner requested reconsideration of her case, and submitted an additional statement oifering still further reasons for her substandard academic performance. The Committee accepted the new submission, but declined to reconsider its decision.

In this article 78 proceeding seeking a judgment directing respondent to reinstate her, petitioner alleges that the Committee’s decision to dismiss her was arbitrary and capricious and that her poor performance in her fourth semester was directly attributable to the irrational testing and grading procedures of three of her four professors. She challenged the grades she received in Constitutional Law II, Corporations, and Lawyers and Systems of Justice, alleging that her Constitutional Law exam was unfairly graded and that the professor in Lawyers and Systems of Justice was "a complete incompetent”. She also contends, inter alia, that the Committee failed to give sufficient weight to a variety of personal factors; and that she was dismissed in retaliation for complaining about her professors.

Petitioner also alleges that when she met with the Corporations professor to discuss her grade, the professor told her that she was given zero credit on an essay question worth 30% of the exam because she analyzed the problem under both Delaware law and New York law when only Delaware law was called for, that her answer did correctly analyze the problem under Delaware law and that she would have received full credit on this question had she only refrained from mentioning New York law. Notwithstanding petitioner’s claim that she only mentioned New York law to get extra credit, the professor allegedly insisted that petitioner gave two answers to the question, thereby indicating that she did not know which one was correct, and was therefore not entitled to any credit. Petitioner also alleges that the professor advised her that points were deducted from the Corporations exam because she had misused the term "oppressive conduct” and because the exam was written in the style of a first-year student.

The responding affidavits of respondent’s Dean of Academic [245]*245Affairs and the Corporations professor asserted that the grading of the exam was purely a matter of academic discretion and that the exam grade was based upon the over-all quality of petitioner’s answer and not on any narrow, formalistic concerns.

Supreme Court dismissed the petition, concluding that petitioner had not demonstrated that her dismissal was arbitrary, capricious or ordered in bad faith. The Appellate Division rejected most of petitioner’s claims, but reversed Supreme Court and granted the petition to the extent of remanding the matter to respondent for further consideration of the Corporations grade to determine whether the grade given on the exam, including the disputed essay, was a rational exercise of discretion. Respondent appeals and petitioner cross-appeals by leave of that court, which also certified the question of whether its order was properly made.

II

On this appeal, respondent argues that the Appellate Division erred in concluding that petitioner’s allegations as to her Corporations grade state a judicially cognizable claim. We agree.

Strong policy considerations militate against the intervention of courts in controversies relating to an educational institution’s judgment of a student’s academic performance (Matter of Olsson v Board of Higher Educ., 49 NY2d 408, 413; Tedeschi v Wagner Coll., 49 NY2d 652, 658; Matter of Soifair v State Univ. of N. Y. Upstate Med. Center Coll. of Medicine, 54 AD2d 287, revd on other grounds 44 NY2d 475; see also, Board of Curators, Univ. of Mo. v Horowitz, 435 US 78, 89-90). Unlike disciplinary actions taken against a student (Tedeschi v Wagner Coll., supra), institutional assessments of a student’s academic performance, whether in the form of particular grades received or actions taken because a student has been judged to be scholastically deficient, necessarily involve academic determinations requiring the special expertise of educators (Board of Curators v Horowitz, 435 US, at 90, supra). These determinations play a legitimate and important role in the academic setting since it is by determining that a student’s academic performance satisfies the standards set by the institution, and ultimately, by conferring a diploma upon a student who satisfies the institution’s course of study, that the institution, in effect, certifies to society that the student [246]*246possesses the knowledge and skills required by the chosen discipline (Matter of Olsson v Board of Higher Educ., 49 NY2d, at 413, supra; see also, Matter of Pace Coll. v Commission on Human Rights, 38 NY2d 28, 38; Matter of Patti Ann H. v New York Med. Coll., 88 AD2d 296, 301, affd 58 NY2d 734). Thus, to preserve the integrity of the credentials conferred by educational institutions, the courts have long been reluctant to intervene in controversies involving purely academic determinations

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Bluebook (online)
556 N.E.2d 1104, 76 N.Y.2d 241, 557 N.Y.S.2d 297, 1990 N.Y. LEXIS 1413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/susan-m-v-new-york-law-school-ny-1990.