Seitz-Partridge v. Loyola University of Chicago
409 Ill. App. 3d 76
| Ill. App. Ct. | 2011Background
- Plaintiff Jeanine Seitz-Partridge sued Loyola University of Chicago and individual faculty in Cook County alleging denial of advancement to Loyola's molecular biology Ph.D. program and seeking injunctive relief and damages.
- Trial court in 2006 granted section 2-615 dismissal of counts III and IV and struck the injunctive relief request.
- In 2009, the trial court granted summary judgment for Loyola on counts I, II, and V, and denied reconsideration of injunctive relief and leave to file a sixth amended complaint.
- Plaintiff appealed December 21, 2009, challenging multiple orders striking/dismissing counts and seeking further relief.
- On appeal, the court affirmed some rulings, reversed one dismissal, and remanded for count IV (defamation per se) proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract—express or implied | Seitz-Partridge asserts contracts via catalogs/guidelines. | Loyola argues no enforceable contract and no arbitrary/bad-faith conduct. | Affirmed summary judgment for Loyola on counts I and II. |
| Leave to file a sixth amended complaint | Proposed sixth amended pleadings would add defamation per se and false-light claims. | Repeated delays and discovery late; prejudice to Loyola. | No abuse of discretion; sixth amendment denied. |
| Injunctive relief reconsideration | Equitable relief reinstatement or alternative relief warranted. | No clear legal right or irreparable harm demonstrated; remedy at law suffices. | Denied; injunctive relief properly dismissed. |
| Defamation per se against individual professors | Plaintiff alleged membership in scientific profession and publication of false statements constitutes defamation per se. | 2-615 dismissal was proper; plaintiff not within per se categories. | Reversed; count IV survives as defamation per se; remanded for further proceedings. |
Key Cases Cited
- Harris v. Adler School of Professional Psychology, 309 Ill.App.3d 856 (1999) (contractual-like duties and student rights with privacy/recourse considerations)
- Bilut v. Northwestern Univ., 269 Ill.App.3d 125 (1994) (university autonomy in academic decisions; arbitrary/bad-faith standard for dismissal claims)
- Raethz v. Aurora University, 346 Ill.App.3d 728 (2004) (no breach of contract where no arbitrary, capricious action in dismissal)
- Frederick v. Northwestern University Dental School, 247 Ill.App.3d 464 (1993) (burden to show arbitrary, capricious or bad-faith conduct against dismissal)