Chism v. University of Kansas College of Health Sciences and Hosp., 57194

• Decision Date: 10 May 1985
• Docket Number: No. 57194,57194
• Citation: 237 Kan. 330,699 P.2d 43
• Parties: , 24 Ed. Law Rep. 1287 James Gerald CHISM, Appellant, v. The UNIVERSITY OF KANSAS COLLEGE OF HEALTH SCIENCES AND HOSPITAL and Board of Regents of State of Kansas, et al., Appellees.
• Court: Kansas Supreme Court

Page 43

699 P.2d 43

237 Kan. 330, 24 Ed. Law Rep. 1287

James Gerald CHISM, Appellant, v. The UNIVERSITY OF KANSAS COLLEGE OF HEALTH SCIENCES AND

HOSPITAL and Board of Regents of State of Kansas,

et al., Appellees.

No. 57194.

Supreme Court of Kansas.

May 10, 1985.

Syllabus by the Court

In an action brought against a medical school, the State Board of Regents, and individual faculty members by a former student who was dismissed from the school for academic deficiencies and repeated failures of National Medical Board examinations, the record is examined and it is held the district court did not err: (1) in granting summary judgment based solely upon breach of contract in favor of the former student for certain scholarship payments; and (2) in granting summary judgment in favor of the defendants on the balance of the former student's claim, which included, inter alia, alleged violations of his civil rights, conspiracy and the tort of outrage.

G. Edmond Hayes, Wichita, argued the cause and was on brief for appellant.

John C. McFadden, Sp. Asst. Atty. Gen., argued the cause, and Robert T. Stephan, Atty. Gen., was with him on brief for appellees.

McFARLAND, Justice:

This is an action by James Gerald Chism against the University of Kansas School of Medicine, College of Health Sciences and Hospital (UKMC), the State Board of Regents, and individual members of the Academic Committee of UKMC, seeking his reinstatement as a medical student at UKMC, damages arising from his dismissal from UKMC, and payment of certain scholarship funds. Chism bases his claims on a wide variety of alleged violations of tort, contract, and civil rights law. The trial court granted summary judgment to Chism on his contract claim and awarded him $3,500.00. Summary judgment was granted to defendants on the balance of Chism's claims. Chism appeals from the adverse summary judgments.

The history of Chism's involvement with UKMC may be summarized as follows. Chism, a black man, was admitted as a student of UKMC in January, 1975, and began his academic course work in the summer of 1975. During his first year Chism failed both courses in which he was enrolled--Anatomy and Biochemistry. Based upon these failures, Chism was notified in April, 1976, by the Academic Committee that it was recommending his dismissal and the matter was set for hearing. Chism appeared at the hearing and he was allowed to retake the courses.

In 1977 Chism failed Pharmacology but was allowed to take a remedial course and ultimately passed the same. Chism failed Part I of the National Medical Boards in September of 1977 and, again, in September of 1978. In September of 1978 he failed Part II of the National Medical Boards. Passage of both parts of the "Boards" is a requirement for graduation from UKMC. On January 4, 1979, the Dean's office notified Chism he had failed Basic Medicine Clerkship. On January 24, 1979, the Academic Committee again considered Chism's academic deficiencies. The Committee determined Chism should withdraw from the clinical modules in order to study for a retake of Part I of the Boards to be given in June of 1979. On January 26, 1979, the Dean notified Chism of the Committee's recommendation. The Dean further warned Chism that if he failed the June Board examination he would again be recommended for dismissal. Notwithstanding Chism's status as "an undergraduate student enrolled at UKMC" pursuant to K.S.A. 76-373 et seq., UKMC failed to pay Chism the $500.00 per month scholarship from January 31, 1979, through June 30, 1979, amounting to $2,500.00. The facts concerning this scholarship will be discussed in detail elsewhere in this opinion.

Chism failed Part I of the National Boards examination for the third time in June of 1979. Following notification of his failure, the Promotion Subcommittee of the Academic Committee again considered Chism's case and recommended his dismissal. In July of 1979, Chism was advised of the subcommittee's recommendation and of the availability of another hearing on the issue of his dismissal before the Academic Committee. Chism again exercised his right to appear before the Academic Committee considering his dismissal. The Committee voted to provide Chism with another chance at improving his academic record and he was allowed to resume his studies. Chism was officially notified of this decision in a letter dated August 28, 1979. Chism failed Part II of the National Boards in April of 1980--his second failure of that examination. He was then advised by the Academic Committee he would have to withdraw from the Preceptorship course and study for Part I of the National Boards examination to be held June 10 and 11, 1980. UKMC did not pay Chism the $500.00 per month scholarship for May and June of 1980. Chism failed the Part I examination in June of 1980--his fourth failure of that portion of the examination.

By letter of August 6, 1980, the Promotions Subcommittee of the Academic Committee notified Chism it was recommending Chism's dismissal for the third time. Chism requested an opportunity to be heard and the meeting was set for August 28, 1980. Three days before the meeting Chism called Dr. David Waxman, Chief Executive Officer for UKMC, asking for permission to transfer to another medical school because his failure of the National Boards would result in dismissal from UKMC and loss of four years of course work. Chism was in Wichita and attempted to contact UMKC's Dean Lowman to delay the meeting. Those attempts were unsuccessful until the morning of said meeting. Chism claims he was not given an opportunity to advise the Dean his car had broken down that morning and he could not get to the meeting on time. He was told that his request for transfer would be submitted to the Committee. Chism failed to appear at that meeting. After a review of Chism's entire academic record, the Academic Committee voted by secret ballot to recommend his dismissal from school. In a letter from the Dean of the School of Medicine dated September 2, 1980, Chism was notified that he was no longer a student at the University of Kansas School of Medicine. No transfer could then be made by Chism after dismissal from UKMC as the Dean could no longer attach a letter stating that Chism was a student in good standing at the institution. This litigation was subsequently commenced by Chism seeking reinstatement to UKMC and damages.

Chism sought damages for breach of his scholarship contract, claiming UKMC had breached the scholarship contract by failing to pay seven monthly payments of $500.00 each for a total of $3,500.00. Before the trial court, UKMC contended the $3,500.00 was not owed under the terms of the contract.

In determining the contractual claims the trial court reasoned as follows in its memorandum opinion:

"Plaintiff was granted eligibility under the Kansas Medical Scholarship Program and entered into formal contracts between himself and the Medical School Dean. Under the contract of November 15, 1978, he was to receive $500 monthly beginning July 1, 1978, through June 30, 1979. His second contract provided the same payment from September 1, 1979, to June 30, 1980.

....

"This contractual relationship is controlled not only by the terms of the contract but also by the provisions of K.S.A. 76-374-378 (1982 Supp.), which create and define the relationship. Consequently, we must consider the language of both the contract and the statute.

"The parties have disputed the exact terms of the contract. The plaintiff contends that the contract requires as...