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Court’s Power to Review Dismissal for Academic Reasons Explained

The Second Department upheld the dismissal of a student’s petition challenging her expulsion from a college nursing program for academic reasons.  The Second Department explained its limited review powers in this context:

Unlike disciplinary measures taken against a student, institutional assessments of a student’s academic performance, whether in the form of particular grades received or measures taken because a student has been judged to be scholastically deficient, necessarily involve academic determinations requiring the special expertise of educators … . 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 … . Although determinations made by educational institutions as to the academic performance of their students are not completely beyond the scope of judicial review, that review is limited to the question of whether the challenged determination was arbitrary and capricious, irrational, made in bad faith, or contrary to Constitution or statute… . Here, the petitioner’s professors at the College made a substantive evaluation of her academic capabilities, and found that her clinical skills were not sufficient to pass the course designated as Nursing 204. There is no evidence in the record that the professors’ evaluations were made in bad faith or were arbitrary and capricious or irrational. Nor is there any evidence of a violation of the New York or United States Constitution, or any statute … . Matter of Zanelli v Rich, 2015 NY Slip Op 02775, 2nd Dept 4-1-15

 

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