BOARD OF CURATORS OF THE UNIVERSITY OF MISSOURI V. HOROWITZ
435 U.S. 78 (1978)
NATURE OF THE CASE: Horowitz (P) brought this action against University (D) under 42
U.S.C. 1983, contending, she had not been accorded due process prior to her dismissal for
academic reasons. The District Court ruled in favor of Ds but the Court of Appeals reversed
and D appealed.
FACTS: P was admitted with advanced standing to Medical School. In her first year of
study, several faculty members expressed dissatisfaction with her clinical performance
during a pediatrics rotation. 'She was erratic in her attendance at clinical sessions, and
that she lacked a critical concern for personal hygiene.' P was advanced to her second and
final year on a probationary basis. Dissatisfaction with P's clinical performance continued
during the following year. The Council reviewed P's academic progress and concluded that P
should not be considered for graduation in June of that year; furthermore, the Council
recommended that, absent 'radical improvement,' P be dropped from the school. P was
permitted to take a set of oral and practical examinations as an 'appeal' of the decision
not to permit her to graduate. Pursuant to this 'appeal,' P spent a substantial portion of
time with seven practicing physicians in the area who enjoyed a good reputation among their
peers. Only two of the doctors recommended that P be graduated on schedule. Two recommended
that she be immediately dropped from the school. The remaining three recommended that she
not be allowed to graduate in June, and be continued on probation pending further reports on
her clinical progress. Finally, after much delay, when a report on respondent's emergency
rotation also turned out to be negative, the Council unanimously reaffirmed its
recommendation that respondent be dropped from the school. The Coordinating Committee and
the Dean approved the recommendation and notified P, who appealed the decision in writing to
the University's Provost for Health Sciences. The Provost sustained the school's actions
after reviewing the record compiled during the earlier proceedings.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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