McDade v. Cleveland State Univ.
2014 Ohio 4026
Ohio Ct. App.2014Background
- McDade enrolled in CSU's accelerated nursing program Jan 2011 and was dismissed for alleged misconduct on Nov 30, 2011, including falsifying data and misrepresenting assessments.
- She sought reinstatement through university channels, and the Student Grievance Board found no racial discrimination but recommended dismissal not warranted due to lack of direct evidence and notice; CSU president rejected the recommendation and upheld dismissal on Feb 16, 2012.
- McDade filed suit Jan 14, 2013 in the Court of Claims alleging due process under 42 U.S.C. § 1983, negligence, breach of contract, and unjust enrichment.
- The trial court dismissed the § 1983 claim for lack of jurisdiction, but allowed negligence, breach of contract, and unjust enrichment to proceed; it later granted summary judgment for the state on the contract claim.
- On appeal, McDade concedes only a breach of contract claim and argues the trial court improperly weighed evidence and ignored deposition testimony; the court reviews summary judgment de novo and focuses on contract terms in the student handbook.
- The court ultimately holds that CSU's immediate dismissal for serious misconduct was not arbitrary or capricious and that McDade failed to prove a breach of contract, affirming the Court of Claims’ judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CSU breached the contract by dismissing McDade under the handbook. | McDade contends the dismissal violated handbook procedures and due process. | CSU was allowed to immediately dismiss for serious misconduct per the handbook. | No breach; dismissal aligned with handbook and due process. |
Key Cases Cited
- Tate v. Owens State Community College, 2011-Ohio-3452 (2011-Ohio-3452) (academic decisions defer to professional judgment unless arbitrary or capricious)
- Jefferson v. Univ. of Toledo, 2012-Ohio-4793 (2012-Ohio-4793) (university decisions reviewed for arbitrariness in academic matters)
- Bleicher v. Univ. of Cincinnati College of Medicine, 78 Ohio App.3d 302 (Ohio App.3d 1997) (arbitrary and capricious standard in academic decision review)
- Regents of the Univ. of Mich. v. Ewing, 474 U.S. 214 (1985) (requires showing of substantial departure from accepted academic norms)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (summary judgment standards; cannot rest on mere conclusory assertions)
- Cov. Twp. v. Ecker, 101 Ohio App.3d 38 (1995) (summary judgment requirements; evidentiary burden on movant)
- Murphy v. Reynoldsburg, 65 Ohio St.3d 356 (1992) (proper appellate approach to summary judgment; construe in favor of nonmoving party)
- Vossman v. AirNet Sys., 2013-Ohio-4675 (2013-Ohio-4675) (summary judgment review; require favorable construction for nonmovant)