DECLINED TO REVIEW CHALLENGE TO STUDENT’S GRADE
After she was dismissed from NYU’s occupational therapy master’s program, W.O. filed a special proceeding – pursuant to CPLR Article 78 – with the New York County Supreme Court. And after the judge denied her challenge of the school’s decision, an appeal to the Appellate Division, First Department, followed.
Because her dismissal was predicated on a failure to meet the program’s requirements, the AD1 didn’t think it was appropriate for the court to entertain a challenge to a “particular grade or academic determination” and characterized W.O.'s request as “beyond the scope of judicial review.”
Even though she faced “multiple health issues and a learning disability,” W.O. admitted that she had been given appropriate “accommodations,” such as a “small, proctored room.” And her “due process” contentions were found to be “unavailing,” as she was afforded a sufficient opportunity to be heard – receiving “multiple layers of administrative review and opportunities to submit evidence in support of her appeals.” The AD1 concluded that W.O. wasn’t entitled to a “‘full panoply’” of constitutional rights – “such as a hearing, a right to representation, and access to document discovery” -- given that NYU was a private university.
Now that was some lesson.
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DECISION