The J-TAC (Stephenville, Tex.), Vol. 61, No. 2, Ed. 1 Thursday, January 24, 1980 Page: 8 of 12
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Page 8 The J-TAC January 24, 1980
sues over
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AUSTIN; TX (CPS)< Michael
Gable thinks ari academic record
without an F is wdtftK$450,000.
Gable, a former University of
Texas business ^ graduate
student , says the1 F he got from
one of his professors ruined his
career. In the suit,'filed Oct. 10
in Austin, Gable ' asks the
professor to pay him damages of
$450,000.
'My whole career
has been ruined...'
Gable's suit may be the first
grade litigation that asks for
money. Other recent lawsuits
over grades, however, have
generally not given students any
of the other remedies they asked
for, from new grades to
reinstatement in academic
programs.
Most recently, Robert D.
Miller sued the Hamline
University law school in St. Paul,
MN., twice after being dismissed
from the law program. He
originally sued in 1978, claiming
that "irregularities" in test
grading and the unavailability of
tutors amounted to a denial of
his constitutional rights, and
that he should therefore be
allowed back into the law
school. The court ruled against
Miller, who had previously
carried a C- average.
He sued again in federal
court, cliaming Hamline's refusal
to allow him to reappear before
the admissions committee was a
denial of due process. On July
20, the U.S. Court of Appleas
also ruled against him, citing as
precent a U.S. Supreme Court
decision that students were not
necessarily entitled to a formal
hearing before being dismissed
from school.
Last April, Harry Maue, a
business grad student at
Southern Illinois University at
Edwardsville,. also sued a
professor over a grade. Maue
asked to be awarded an MBA as
his damages.
He claims that instructor
John Phillips changed the course
requirements at the last minute,
and thus caused Maue to fail the
one remaining class he needed to
get him MBA. Maue understood
he was to complete the course
by writing four papers. Maue's
suit claims that after the papers
were submitted, Phillips asked
Maue to take a final exam. Maue
refused, was denied his MBA,
and sued.
Irregularities'
amounted to .
denied rights
SIUE legal representative
John Gilbert says he held a
meeting with Maue and Maue's
attorneys at the end of August
in an attempt to reach a
settlement, but that the meeting
was "not fruitful." Gilbert has
since filed a motion to dismiss
the case, and expects the court
to act on the motion "pretty
soon."
Gilbert adds that students
suing over bad grades have cases
that are "hard to prove." The
precedent in Illinois, called
Tanner v. Board of Trustees,
requires that students prove,
their professors acted "out of
malice" or "arbitrarily and
capriciously or in bad faith,"
according to Gilbert.
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Former University of
Colorado student Larry
Goldberg tried to do just that in
1977, when he sued history
Wilson's letter to the dean,
written when Gable appealed the
grade, states, "You may recall
that (Gable) simply did not
Is an academ ic record without an F worth
$450,000?
show up for the final exam last
spring (1978) when I was
teaching the course, and as a
consequence H game him an F."
'This is my whole career that
has been ruined on account of
those Statements,' Gable
contends in hfe suit.
There has been no trial date
set.
professor Boyd Hill for failing
him three times on an ancient
history exam. The failures
effectively ended Goldberg's
chances to get his doctorate.
Goldberg alleged Hill wrote
"comments on the face of the
exam which were highly suspect
and professionally -prejudicial."
A district judge dismissed the
case in August, 1978.
Now in Texas, Gable is
accusing former associate
business professor David A,
Wilson -- now a certified public
accountant in Houston -- of
ruining Gable's career with an F,
and of libeling him when Wilson
tried to appeal the grade. Gable
says he had a B in the course
before the final, and that the F
.Wilson gave him "killed his grade
point average." The grade
reportedly led to his dismissal
from grad school.
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The J-TAC (Stephenville, Tex.), Vol. 61, No. 2, Ed. 1 Thursday, January 24, 1980, newspaper, January 24, 1980; (https://texashistory.unt.edu/ark:/67531/metapth141442/m1/8/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Tarleton State University.