"Pooh Bear" wrote in message
...


soundhaspriority wrote:

"Richard Crowley" wrote in message
...
"Sylvan Morein, DDS" wrote ...
Well, that's very obvious, Steve. "
is
in
fact my sick son Robert Morein, who's now got a new stalking name as
he's
ruined his and MY good name with his antics.

No matter how many times you plonk these sick wackos,
they keep coming back with new aliases. At this point I
don't care if this personage is the guy suffering from some
mental illness in Oz, or if there really is such a person as
"Sylvan Morein, DDS" he comes off as equally sick.
It's Brian L. McCarty. He's been doing this forever. My father has never
been on usenet.

The story about Bob Morein's University experience is correct though.

" A recent Pennsylvania case has reaffirmed the right of colleges and
universities to make academic decisions without fear of reprisal by the
courts.

In Morein v. Drexel University, et al., doctoral student Robert Morein
challenged the right of Drexel University to dismiss him on academic
grounds.
Judge Esther R. Sylvester of the Philadelphia Court of Common Pleas
initially
ordered Drexel to refund Morein's tuition. The Pennsylvania Superior
Court,
however, reversed that decision, reaffirming the longstanding principle
that
faculty-not courts-should make academic decisions.

Morein enrolled in Drexel's electrical engineering Ph.D. program in 1986.
After
eight years, the university dismissed him for failing to make satisfactory
progress toward his dissertation. Morein filed a lawsuit against Drexel
and five
faculty members, including the university's president, claiming breach of
contract, negligence, and denial of due process. A panel of three attorney
arbitrators initially found in favor of the university. Morein appealed
and
Judge Sylvester retried the case. The trial court ruled in favor of
Morein,
holding that the university had not fulfilled its contractual
responsibility to
educate him properly.

The court entered a final judgment in favor of Morein for $44,914 in back
tuition and ordered Drexel to remove all failing grades from his
transcript. The
university appealed to the Superior Court of Pennsylvania, which reversed
the
ruling in a 2-1 decision.

At issue before the Superior Court was whether the trial court erred by
substituting its own judgment for the academic judgment of Drexel's
faculty
members. The American Council on Education, the Association of Independent
Colleges & Universities of Pennsylvania, and numerous colleges and
universities
in the commonwealth filed an amicus brief on Drexel's behalf.

In reversing Judge Sylvester, the Pennsylvania Superior Court reiterated
the
well-established U.S. Supreme Court and Pennsylvania precedent that holds
that
courts must show deference to academic institutions, their faculty, and
their
academic decisions. While the Superior Court acknowledged that a student
can
bring an action against a university for breach of contract, it rejected
the
trial court's attempt to second-- guess the university's academic decision
making under the guise of claiming that the university had breached its
contract
to educate a student properly. The Superior Court held that Judge
Sylvester's
wholesale disregard of the qualifications and judgments of Drexel's
faculty was
improper and without any basis in fact or record. The Superior Court also
found
that the faculty had repeatedly reminded Morein of his academic
deficiencies and
that he had refused to correct them.

This case reaffirms the right of a private university to dismiss a student
on
academic grounds and highlights the inappropriateness of courts that
attempt to
substitute their judgments for the academic decisions of a university and
its
faculty. "

http://findarticles.com/p/articles/m...10/ai_n8971754

As for Bob's appeal to the Supreme Court.....

http://www.aopc.org/OpPosting/Suprem...-17eal2001.pdf


Graham

Yes, it is correct. The case was reversed because the Superior Court found
that educational malpractice was not a cause for suit in Pennsylvania. It
did not establish that there was no educational malpractice. The U.S.
Supreme Court hears only 1.5% of the 7000 cases brought before it annunally.
Therefore, there was no U.S. Supreme Court Decision.