Case Problem with Sample Answer According to the student handbook at Cleveland Chiropractic College

(CCC) in Missouri, academic misconduct includes “selling

. . . any copy of any material intended to be used as an instrument of academic evaluation in advance of its initial administration.”

Leonard Verni was enrolled at CCC in Dr. Aleksandr Makarov’s dermatology class. Before the fi rst examination, Verni was reported to be selling copies of the test. CCC investigated and concluded that Verni had committed academic misconduct. Verni was dismissed from CCC, which informed him of his right to an appeal. According to the handbook, at the hearing on appeal a student could have an attorney or other adviser, present witnesses’ testimony and other evidence, and “question any testimony . . . against him/her.” At his hearing, however, Verni did not bring his attorney, present evidence on his behalf, or question any adverse witnesses. When the dismissal was upheld, Verni fi led a suit in a Missouri state court against CCC and others, claiming, in part, fraudulent misrepresentation.

Verni argued that because he “relied” on the handbook’s

“representation” that CCC would follow its appeal procedure, he was unable to properly refute the charges against him. Can Verni succeed with this argument? Explain. [Verni v.

Cleveland Chiropractic College, 212 S.W.3d 150 (Mo. 2007)]

—After you have answered Problem 12–7, compare your answer with the sample answer given on the Web site that accompanies this text. Go to www.cengage.com/blaw/blt, select “Chapter 12,” and click on “Case Problem with Sample Answer.”