Carboni v. Meldrum

949 F. Supp. 427 (1996)

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Carboni v. Meldrum

United States District Court for the Western District of Virginia
949 F. Supp. 427 (1996)

Facts

Deborah Carboni (plaintiff) was a veterinary student at Virginia Polytechnic Institute (VPI) (defendant). Carboni’s academic performance was often poor, and Carboni was required to retake final examinations in multiple courses. In the spring of 1995, Carboni failed the final examination in her urology course. Dr. Don Waldron (defendant), a professor in the veterinary program, agreed to allow Carboni to retake the exam. On the day Carboni was scheduled to retake the exam, Carboni felt ill and went into the restroom for some time before picking up the exam. According to Carboni, she inadvertently left some notes in the restroom. In the middle of the exam, Carboni again felt ill and returned to the restroom. Waldron became concerned and sent a secretary, Ms. Dreama Webb, into the restroom to check on Carboni. While in the restroom, Webb reported seeing Carboni in a stall with notes arranged on the restroom floor. Webb also reported that she heard paper rustling around Carboni’s waist. Waldron reported the incident to Dr. J. Blair Meldrum, the Associate Dean of Academic Affairs. Waldron and Meldrum instructed Carboni to submit to a search of her body. Carboni returned to the restroom with Webb and Rene Armstrong, Dr. Waldron’s administrative assistant. Webb and Armstrong searched Carboni by having Carboni lift her shirt and lower her pants, but Webb and Armstrong found nothing. However, Waldron found Carboni’s notes in the conference room where Carboni had been taking the exam. Carboni was referred to the college’s Honor Board for investigation. A hearing was held, and the board found Carboni guilty of cheating and suspended Carboni for six weeks. Carboni appealed to the Faculty Review Board, which upheld the suspension. Carboni was not allowed to finish the urology exam and received a failing grade in the course. Carboni was then dismissed from the program. Carboni filed a lawsuit against VPI and the college officials involved in the search, alleging, among other things, that Carboni was strip-searched in violation of the Fourth Amendment.

Rule of Law

Issue

Holding and Reasoning (Turk, J.)

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