A Review of the Legal Issues Surrounding Academic Dismissal

ABSTRACT: Among the challenges faced by physical therapy educators is to determine whether students have made sufficient progress in the academic and/or clinical curriculum to merit continuance in the physical therapy program. At times, faculties must make the decision to dismiss a student due to failure to achieve the necessary performance criteria. These decisions are often clouded by fear of lawsuits and confusion about the responsibilities and prerogatives of professional judgments. This article traces the history of case law related to academic dismissal, examining a number of significant cases and the ramifications of these cases for professional programs. Key legal concepts are defined and discussed. Recommendations are provided for preserving the rights of the student to due process while protecting academic institutions. Jeff, a first-year physical therapist student, scraped through his first academic semester with an unacceptable grade point average, which resulted in his being placed on academic probation. Now, at the conclusion of the second semester of the program, he has failed a course. Karen is a physical therapist student participating in her final blocks of clinical education. She performed poorly on her first clinical experience due to problems with professional behaviors, responsibility, and communication skills but was given the grade "pass" and allowed to complete her final academic semesters. She is now in the clinic again and is experiencing similar difficulties at another facility. The academic coordinators of clinical education and clinical faculty have met regularly with Karen in an effort to facilitate a turnaround, but the clinical problems persist. These scenarios depict common situations confronted by physical therapy academic and clinical faculty at end-of-semester review meetings. Should the student be given another chance? What procedures need to be followed if the student is to be permitted to continue or to be dismissed from the program in order to achieve the best outcome for all? What are the responsibilities of the faculty and of the institution? One of the challenges facing physical therapy faculty is to determine whether students have made acceptable progress in a curriculum for continuance and ultimately for graduation. At times, this includes making the difficult decision to dismiss a student when that student has failed to demonstrate the necessary competency in academic and/or clinical areas. Faculty and administrators may hesitate to candidly evaluate and dismiss students who demonstrate the inability to meet established standards in the academic program due to fear of litigation and ignorance of the courts' decisions in cases of academic dismissal. This article traces the history of case law related to academic dismissal, examining a number of significant cases and the ramifications of these cases for academic and professional programs. While academic challenge cases from professional school dismissal run the gamut, including law school and other graduate programs, the bulk of the case law comes from medical school dismissals. This article focuses primarily on cases involving dismissals from programs for preparation of health care professionals. Suggestions are offered for protecting all parties, including students, faculty, and academic institutions, from lawsuits. As in all legal dilemmas, programs should consult with legal counsel for specific situations. According to legal precedent, faculties have a duty or obligation to "candidly and critically evaluate students."1 This duty is owed to three major groups. First, this duty is owed to the student. It is the responsibility of the faculty to provide critical evaluation and feedback to the student so as to facilitate successful academic and professional growth as well as to determine whether the student is able to meet established thresholds for performance. Second, this duty is owed to the public (ie, to the consumers served by the student and future professional). …