Seitz-Partridge v. Loyola University of Chicago
987 N.E.2d 34
Ill. App. Ct.2013Background
- plaintiff, a Loyola molecular biology graduate student, was deemed to have plagiarized in 2002 after a PEC review, leading to failure of the first preliminary exam and a course of appeals through Loyola's governance structure.
- Steering Committee later reviewed the PEC findings and determined plagiarism existed and recommended dismissal; the final Loyola action was to dismiss the plaintiff from the Ph.D. program in March 2003.
- Plaintiff sued Loyola and PEC members in 2003 for counts including defamation per se; several earlier claims were dismissed or resolved prior to the current defamation issue.
- In 2006, some claims were dismissed with prejudice; in 2009 and 2011, summary judgment rulings and “law of the case” principles affected remaining defamation claims.
- On remand, the trial court struck portions of supplemental affidavits for Rule 213 disclosure; in 2011 the court granted summary judgment on defamation per se, which this court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law of the case forecloses defamation per se claim | Seitz-Partridge argues law of the case does not bar the claim | Wolfe/Driks/Frankfater Vedantam Keating contend law of the case controls | Affirmed; law of the case supported summary judgment |
| Whether the record shows false statements or actionable opinions for defamation per se | Plaintiff asserts false statements and mischaracterizations occurred | Defendants argue statements were nonactionable opinions or true/privileged | Defamation per se claim cannot be proven; summary judgment proper |
| Whether statements fit one of the per se categories (3) or (4) | Plaintiff contends statements imputed dishonesty/competence | Defendants contend statements concern academic evaluation, not profession/office | Not within categories (3) or (4); no factual basis to support per se claim |
Key Cases Cited
- Wynne v. Loyola University of Chicago, 318 Ill. App. 3d 443 (2000) (defamation per se elements and substantial truth standard)
- Moriarty v. Greene, 315 Ill. App. 3d 225 (2000) (test for actionable statements; opinions vs. facts)
- Kane v. Motorola, Inc., 335 Ill. App. 3d 214 (2002) (summary judgment burden on nonmovant; factual basis required)
- Davis v. Times Mirror Magazines, Inc., 297 Ill. App. 3d 488 (1998) (self-serving deposition testimony insufficient to create issue)
- Pielet v. Pielet, 407 Ill. App. 3d 474 (2010) (record view on summary judgment; light favorable to nonmovant)
- Harris v. Adler School of Professional Psychology, 309 Ill. App. 3d 856 (1999) (academic evaluations nonjusticiable)
- Bilut v. Northwestern University, 269 Ill. App. 3d 125 (1994) (courts respect autonomy of academic standards)
- Knight v. Board of Education of Tri-Point Community Unit School District No. 6J, 38 Ill. App. 3d 603 (1976) (teacher’s subjective discretion in grading not subject to review)