Case Brief Al-Dabagh v. Case Western Reserve University

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Feb 20, 2024

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Al-Dabagh v. Case Western Reserve University United States Court of Appeals, Sixth Circuit, 777 F.3d 355 (2015).

Synopsis ● Form of Action: Breach of good faith and fair dealing ○ Plaintiff - Al-Dabagh ■ Al-Dabagh enrolled at Case Western where the Committee of Students ruled he should not be given a degree and therefore was dismissed from the university because he did not uphold the nine “core competencies” outlined in the curriculum ● Type of Preceding: Appellate ○ Appellate court reversed the lower court’s decision ■ Court could not prove a breach of good faith and fair dealing in regard to Case Western Reserve University dismissing Al-Dabagh ● Relief Sought: Degree from the university ○ Al-Dabagh was not awarded the degree after the appellate court ruled against the lower court’s decision

Rule of Law ● Academic Discretion - A university has the right to determine its own academic curriculum and how students should be judged by it. ○ Students must abide by a university’s curriculum ● “We may overturn the Committee only if it substantially departed from accepted academic norms when it refused to approve Al-Dabagh for graduation.” ○ Member of Committee states he does not recall seeing another student with Al-Dabagh’s “repeated professionalism issues” ○ Al-Dabagh insists the Committee’s decision was a “punitive disciplinary measure that did not deal with academics ○ Argument does not address professionalism in the university’s academic curriculum

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Facts ● Case Western University identifies nine “core competencies” and one of those is professionalism which is determined to be “ethical, honest, responsible and reliable behavior.” Committee on Students determines if students have met that standard. ● Amir Al-Dabagh was enrolled as a student at the university and did well academically. However, he sexually harassed other students, asked an instructor to not mark him as late on multiple occasions, received complaints about his demeanor from hospital staff, and was convicted of driving while intoxicated. ● Committee on Students refused to certify him for graduation and dismissed him from the university. ○ Al-Dabagh filed a suit in federal district court against the university in which he alleged a breach of good faith and fair dealing. ● The court ordered Case Western to issue Al-Dabagh a diploma, but the university appealed. ○ The federal appellate court reversed the lower court’s order to issue a diploma to Al-Dabagh because they could not find the Case Western had impermissible motives, acted in bad faith, or dealt unfairly with Al-Dabagh.

Issues ● Did Case Western have a breach of good faith and fair dealing even though their expectations of professionalism are in the curriculum? ● Should a court defer to a university’s determination that a student lacks the professionalism required to graduate?

Holding & Decision U.S. Court of Appeals for the Sixth Circuit reversed the lower court’s order to issue a diploma, and that the claim of breach of good faith and fair dealing made by Al- Dabagh was denied because the court could not find anything to indicate that Case Western was guilty of that. “The Committee’s professionalism determination is an academic judgment. That conclusion all but resolves this case.”

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Citations ● “Al-Dabagh Case 3.1.” Ebooks.cenreader.com , https://ebooks.cenreader.com/#!/reader/38d9a6ac-d3bf-480a-8931- 6b5d64973fa9/page/53fe0869bf6069d2e10ce81f0d2da16b?scrollTo=search- text-1&search=Al-Dabagh.