Full question:
I have taken the USMLE step 1 boards four times and failed. On my third attempt, I failed by a point. I feel my last attempt was due to a recent job I had started. My school says that it is mandatory to repeat a semester, but the handbook says it may be required. Also, the acceptance letter states nothing about having to pass this semester. It only specifies I must pass the final shelf exam by 60%. I want to know if it is mandatory for me to retake the semester. If so, must I actually show up and pass every test?
- Category: Education
- Subcategory: Student Rights
- Date:
- State: Pennsylvania
Answer:
In the school setting, it is generally a matter of internal administrative decision-making. While the school may have applicable guidelines to follow, it often is a matter of subjective determination. It is more of an administrative than a legal matter. Typically, the courts will review such cases only insofar as ensuring that due process rights were afforded to the student in the procedures. This will involve such considerations as whether the student was served with a written notice of requirements; was made aware of grounds which would justify her expulsion or suspension by way of the student handbook; the hearing tribunal afforded an opportunity to hear and confront the evidence presented against the student and an opportunity to be heard and to offer other evidence if the student chose; the student was accorded the right to have someone from the college community to assist her in the proceedings; was informed of the tribunal's finding; was given access to its decision for personal review; and, was advised in writing of the consequence imposed.
However, students attending private universities do not possess the same due process rights under the U.S. Constitution that are guaranteed to students attending public schools. Therefore, courts are reluctant to review the administrative decisions of private schools and tend to defer to private school decision making, especially in internal affairs. Courts generally have applied a very lenient standard of review and required that private school procedures conform to a basic fairness standard. The procedures must have a rational basis, so as not to be arbitrary or capricious. Courts typically rule that a private school’s decisions are fundamentally fair if they are aligned with the school's rules and procedures.
When a school policy for promoting students is stated in non-mandatory language, it is a discretionary matter, and will be subject to the subjective determinations of the decision-makers involved. These decisions are typically upheld as long as a rational reason can be offered to support it. I suggest exploring whether here is an appeals or review procedure available.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
