Miss Horowitz was admitted as an advanced medical student at the University of MissouriKansas City. During the

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Miss Horowitz was admitted as an advanced medical student at the University of Missouri–Kansas City. During the spring of her first year, several faculty members expressed dissatisfaction with Miss Horowitz’s clinical performance, noting that it was below that of her peers, that she was erratic in attendance at her clinical sessions, and that she lacked a critical concern for personal hygiene. Upon the recommendation of the school’s Council on Evaluation, she was advanced to her second and final year on a probationary basis. After subsequent unfavorable reviews during her second year and a negative evaluation of her performance by seven practicing physicians, the council recommended that Miss Horowitz be dismissed from the school for her failure to meet academic standards. The decision was approved by the dean and later affirmed by the provost after an appeal by Miss Horowitz. She brought suit against the school’s Board of Curators, claiming that her dismissal violated her right to procedural due process under the Fourteenth Amendment and deprived her of ‘‘liberty’’ by substantially impairing her opportunities to continue her medical education or to return to employment in a medically related field. Is her claim correct? Explain.

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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