Usually, when a student is expelled, he had it coming. Flunking out is your own fault.
Some students are caught behaving badly. University of Massachusetts sophomore Cullen Roe sued after school officials, weary no doubt of their Zoo Mass reputation, expelled him for participating in a Superbowl riot. Roe sued because they didn’t hold a hearing before they gave him the boot. National media attention gave his plight coverage. Then Roe quietly dropped his lawsuit, days after filing. He’s moved on. Roe currently attends University of Scranton in Pennsylvania.
Sometimes, however, it’s not the student’s fault. Here and there, a mean dean gets up on the wrong side of bed and decides to ruin someone’s day. Before sundown, an innocent student has bit the dust.
All over the U.S., in fact, self-important college officials have expelled students who deserved better. Officials may have wanted to believe they had a good reason (although sometimes, you have to wonder). Some know they don’t have one, so they look for excuses. After all, what’s a penniless student going to do? There’s no statistics on this, but most students don’t have the deep pockets needed to defend themselves. So they just disappear into “academic oblivion,” as an appalled Nassau County Judge J. Bertram Harnett — now retired to Florida — wrote in 1971 in Ryan v. Hofstra before ordering Hofstra to take freshman Paul Ryan back to classes.
But some students duke it out — no pun intended — and demand their day in court. Here’s 10 who fought for their rights and won. God bless America:
1 – McFadyen et al. v Duke University
Ah yes, the Dukes — poster children for innocent, indicted, expelled athletes, vilified nightly on network news for one long year. Duke suspended lacrosse players David Evans, Reade Seligmann, and Collin Finnerty after they were arrested for rape and kidnapping, putting their college days on hold “until the case is resolved.” The local prosecutor hid exculpatory DNA evidence and lied to the press. Not even Duke president Richard Brodhead stood up for his Blue Devils.
The story has a happy ending — upwards of 6 million of them, by some estimates. North Carolina’s attorney general himself announced that all three were innocent. Although they were reinstated at Duke, Seligmann and Finnerty went on to graduate from Brown and Loyola. Evans, who graduated from Duke the day before his indictment and lost an offer from JPMorgan Chase, today holds a plum six-figure job in finance at Morgan Stanley. There is a God. But sometimes you need a lawyer to speak with Him.
2 – Barnes v Valdosta State College
Sophomore Hayden Barnes was a passionate environmentalist who got under the skin of the Valdosta State College president for criticizing his prized project, a multilevel concrete parking garage. Barnes wrote a letter to the campus newspaper, circulated a petition, passed out flyers, even contacted the Georgia Board of Regents to halt construction. His worst act — the one that got him expelled — was his Facebook complaint, where he posted a graphic to illustrate his disapproval about the garage’s carbon footprint. Cullen was no labelled a “clear and present danger.” The protesting pupil was expelled with a short note slipped into his dorm room.
After sleeping on friends’ couches for months, Barnes found help: The Foundation for Individual Rights in Education — “FIRE” — the high-profile First Amendment legal powerhouse that defends students who say things that get them in trouble. Students do that a lot.
Not surprisingly, Valdosta officials had second thoughts after Barnes got a lawyer. They tried to reinstate him. But Barnes had already transferred. He pursued a civil rights lawsuit against Valdosta president Ronald Zaccari, and won $50K plus court costs and interest just last month. Reporting on the verdict, the student newspaper quoted the college dean, who promised everybody that today’s Valdosta administration “embraces the opportunity for open dialogue and discussion.”
3 – McConnell v Le Moyne College
Former army private Scott McConnell, of Baldwinsville, N.Y., wanted to be a teacher. He took classes at LeMoyne College. Then came a homework assignment: Describe your personal views about teaching. McConnell got an A-, but parts of it bothered his professor. In theory, McConnell, who is even more conservative than the private Catholic college he was attending, stated that he believes in spanking unruly students — corporal punishment. He was also critical of the current push for classroom diversity. His argument was articulate, and he made perfect sense. But LeMoyne officials cancelled his class registration practically overnight. McConnell sought help. The right-wing Center for Individual Rights and left-wing FIRE sued on his behalf on Constitutional and contractual grounds. Fox News, CNN and every major news outlet condemned LeMoyne’s attack on freedom of speech.
But LeMoyne did not back down. They claimed that McConnell would break the law by assaulting students. They also insisted he was a racist. Putting someone like that in a school, they argued, would be illegal. Thing is, McConnell never said he planned on spankings or would fight school policies about diversity. Having lost that argument, LeMoyne went to Plan B: McConnell wasn’t a matriculated student; he therefore had no right to register for classes. McConnell’s lawyers brought his welcome-to-LeMoyne letter to court and quickly buried that excuse. LeMoyne lost and McConnell went back to school.
LeMoyne’s student newspaper celebrated McConnell’s return, criticizing LeMoyne College for its actions. Embarrassed officials promptly removed the faculty advisor in charge.
4. Papelino v Albany College of Pharmacy
Hell hath no fury…
Chemistry professor Deanne Nowak found one of her pharmacy students indescribably irresistible. Daniel Papelino endured months of flirtations and seductive moves; after she gave him extra points on one exam, she told him he had to “earn” them: “You know what I mean, don’t you, Dan?” Papelino wasn’t interested in Dr. Nowak, and told her so. She continued in hot pursuit.
Finally, Papelino blew the whistle on Dr. Nowak. Strangely, instead of firing the passionate professor, the college brought him and his two best friends up on cheating charges, putting Nowak in charge of setting up and chairing the hearing, picking the panelists, and presented “evidence” consisting of convoluted statistics and fuzzy math as proof. All three students were found guilty. Papelino and one friend were expelled; the other re-took a class and graduated. The students sued.
Years later, as their case plodded through the courts, a federal judge would order school officials to issue their Pharmacy degrees. A second judge would step in later to order the stubborn college to “certify” them all, a requirement for licensing that the school was refusing to honor. Papelino was licensed as a pharmacist in 2008. Today, he works in upstate New York. The harrassing professor has left the college. She works today as a dean at a Catholic school in Ohio.
5. – Sharick v Nova College of Osteopathic Medicine
Keith Sharick was two months from becoming a doctor. Exactly what set off the dean at Nova’s Southeastern College of Osteopathic Medicine during Sharick’s rural rotation is unclear, but when Sharick sued, the jury found the college guilty. Evidently, the dean had no right to do what he did; this, we know. Now comes the damages. The judge told Sharick he should get his money back. All $45,000 of it.
This is justice? You don’t need to understand string theory to see that after four years in medical school, $45K doesn’t begin to pay for what this guy lost when Nova yanked his degree — for no reason, according to the jury.
Sharick wisely appealed. The new damages trial went much better, much to the college’s disappointment: “In valuing the loss of this degree within the context of an arbitrary, capricious or bad faith deprivation of such, we conclude that it is appropriate to consider the possibility of lost future earnings. We agree with Sharick that the value of a professional degree, particularly to a prospective physician who has successfully completed the overwhelming majority of the academic and clinical requirements, significantly exceeds the tuition cost expended.” Judgment for Plaintiff: $813,000 for past lost earnings, $3.5 million in lost future earnings. Was Sharick be happy? He’ll never be a doctor. Some things money can’t buy.
6 – Rizvi v NYCOM
Syed Rizvi was in his last year of medical school when he was expelled for falsifying attendance records for two rotations. After two desperate appeals, New York College of Osteopathic Medicine took him back, on one condition: Pass all your rotations. Rizvi worked hard. He did everything required, right on schedule. He also passed the toughest two of the three demanding board exams needed for graduation. But when Rizvi failed one of the required two sections on the relatively easy third exam — “COMLEX Level II CE” — Dean Thomas Scandalis brought in a new requirement: Pass COMLEX II CE on the next try, or you’re done at NYCOM. Then Rizvi got the flu.
With the test just two weeks away, and precious study hours vanishing, a bedridden Rizvi knew there was no way he could pass COMLEX II CE on the test date. Could he take the next one, which would be held nine days later? He asked Scandalis. Scandalis said No. Rizvi would have to pass the exam he was signed up for — or else. If he passed, he’d graduate. If not, that was it for Rizvi.
Rizvi failed.
At first, things looked bleak. He sued for reinstatement. The first judge ruled for NYCOM. Courts don’t get involved in academic expulsions. But Rizvi appealed. This had nothing to do with Rizvi’s academic record — students get six years to pass these exams. Scandalis crossed a line when he made up a special deadline for a student to pass this one test. The higher court saw it clearly: “There is no provision in NYCOM’s 2008-2009 student handbook limiting the number of times a student can take the COMLEX examinations.” Rizvi won and was ordered back to school. And NYCOM has a new Dean.
7 – Kickertz v NYU Dental School
15 minutes before graduation ceremonies at NYU School of Dentistry — the nation’s most prestigious dental college — Katie Kickertz learned she was not getting a diploma that day. Seems Katie was under quota for logged “patient encounters.” Unlike class credits, which are measured in hours, “encounters” are measured in dollars — money for NYU. Katie had worked on enough patients to generate $19,093. But she needed $21,000 — $1,907 more — to get her NYU degree.
A desperate Kickertz pleaded with officials to let her make the “work” up, and offered a solution: She could treat family members who would pay for all the dental work needed for her to graduate. This would not be the first time an NYU dental student had done this. In response, NYU told her to “just get the money.”
When Kickertz went to make her $1,907 payment, a secretary handed her blank logs to fill out “as if you did them” with “billing information.” The secretary charged most of the bill to Kickertz’s credit card. Kickertz believed she would now get her DDS degree. Instead, a short time later, an NYU official accused her of forging and fabricating patient logs.
At Kickertz’s hearing, NYU refused to let her call witnesses or show evidence to prove her story. With no defense, she was expelled. She left New York and obtained a B.A. from Purdue and a DDS from Illinois University while her case plodded through the courts. In the end, of course, the court sided firmly with Kickertz: “[W]e can annul the determination expelling petitioner.” Her lawyers are pushing her damages case against NYU. The NYU group practice director who screwed up her graduation is gone. Meantime, Katie is filling cavities in Rockford, Illinois. Drill, Katie, drill.
8 – Warner v Elmira College
Alisa Warner was enrolled at Elmira College in upstate New York when someone called in a tip to the R.A.: There was cocaine in Alisa’s dorm room. Staffers did a top-to-bottom search and found white powder under a computer on her desk. It was tested; results came back positive for cocaine. There was a hearing, and the young woman was expelled.
Hearings are part of the “due process” procedure that tries to figure out guilt and innocence. Legally, private colleges don’t have to hold a hearing. But their rules are their rules. If they require a hearing, it has to be run fairly. Elmira’s hearing was not fair. Student Warner insisted that the powder which officials found in her dorm room was not cocaine and that their testing results were a mistake. Fact is, cocaine tests are famous for false positives; readings can be tricky. The college itself testified that the tested powder turned pink — which is a finding of negative. Coke turns blue.
With that fact on the record, the judge ruled that “it was arbitrary and capricious for the Discipline Committee to rely on the ambiguous testing form as proof that petitioner possessed cocaine.” Elmira lost.
9 – Coster v Duquette
Plagiarism charges got Central Connecticut State University student Matthew R. Coster expelled after he and classmate Cristina L. Duquette submitted nearly identical term papers on the Holocaust for Western Civilization class, complete with reference to “Communist Germany” during WWII.
Both students told their professor they had placed their assignments in his college mailbox. Duquette got higher grades. Coster was quiet and unremarkable. His version of the paper was characteristically filled with mistakes in grammar. The college decided that Coster was the plagiarist. He was expelled. Duquette, deemed innocent, graduated. She became a substitute teacher.
Coster’s very upset parents would not let this go. They spent thousands of dollars hiring a computer expert to do a real investigation. It was worth every penny. The expert confirmed what Coster had claimed all along: Coster’s paper was the original; Duquette’s was created a week later. It was she, not Matt Coster, who had slipped Coster’s term paper from the faculty mailbox and presented his work as her own. Coster sued Duquette. The judge ordered Cristina Duquette to pay Matt Coster $100 for her her use of his work. She also owed the Costers $26,000 in legal fees. Coster went back to CCSU. His mother and father, already pleased as punch, decided not to sue the college, filled with gratitude their son’s name was cleared. He graduates, victorious, this year from CCSU with a degree in Graphic Technology.
10 – Byrnes v Johnson County Community College
Kansas nursing student Doyle Byrnes and her classmates were tickled pink that they spent the afternoon up close and personal with a placenta. The organ, which connects a fetus and mother, was passed around during lab class at the hospital. Then someone asked the instructor if she could take her photo with the placenta for her Facebook page. “Oh, you girls,” said the instructor, warning them not to name the patient.
The trouble began that night, three hours after the photos were posted. Byrnes was called at home and ordered to take it down. She did. But the next day, an outraged nursing director exploded at the four students for their “lack of professional behavior;” the college president bashed them for “poor judgment.
Within hours, Byrnes and her three nursing school friends were expelled. Byrnes sued. Federal judge Johanna Wilkinson heard her case: “It’s unfair to the students to hold them to anything other than the code of conduct,” she said, referring to the college’s claim that the Facebook post was “unprofessional.” Judge Wilkinson was having none of that: “I think the public interest is that students [ought] not to be held to vague standards that are interpreted in various and unpredictable ways … and be allowed to be driven from an education program.”
Responding to the college’s plea that the Facebook placenta post was “disruptive to the learning environment,” Judge Wilkinson remarked, “I think defendants’ reaction was disruptive to the learning environment.” Byrnes was ordered with her expelled classmates back to classes, with a warning to the college against “retributive action.”
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