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Than v. University of Texas Medical School at Houston

188 F.3d 633 (1999)

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Than v. University of Texas Medical School at Houston

United States Court of Appeals for the Fifth Circuit
188 F.3d 633 (1999)

Facts

Than (plaintiff) was a third-year medical student at the University of Texas Medical School in Houston (medical school) (defendant). During an exam, two proctors noticed Than repeatedly looking at a neighboring student’s answer. The two exams contained identical answers to the majority of all incorrect answers. A hearing was held, and Than was expelled for academic dishonesty. Than first filed a lawsuit in state court, and the Texas Supreme Court reversed the expulsion based on procedural violations during the first hearing and ordered a new hearing. During the second hearing, Than received notice of the hearing, and the hearing officer was an impartial professor at another medical school. Than was represented by counsel and was allowed to examine and cross-examine witnesses and present documentary evidence. The two proctors testified at the hearing, as well as a testing expert. Than was again expelled, and the hearing officer issued a thorough written opinion detailing his findings. After the second hearing, Than filed a lawsuit in federal district court against the medical school and its administrators, alleging that his procedural due-process rights had been violated. The district court granted summary judgment to the medical school and its administrators. Than appealed.

Rule of Law

Issue

Holding and Reasoning (Politz, J.)

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