Foley v. Benedict
| Decision Date | 22 December 1932 |
| Docket Number | No. 1624-6330.,1624-6330. |
| Citation | 55 S.W.2d 805 |
| Parties | FOLEY v. BENEDICT et al. |
| Court | Texas Supreme Court |
J. D. Barker, of Cisco, for relator.
James V. Allred, Atty. Gen., Bruce W. Bryant, Asst. Atty. Gen., and Gaynor Kendall, of Austin, for respondents.
Ira P. Hildebrand, of Austin, amicus curiæ.
This is an original proceeding filed by relator, Thomas H. Foley, against H. Y. Benedict, president of the University of Texas, R. L. Batts, Edward Crane, Robert L. Holliday, John I. Frances, Edward Randall, Beauford Jester, Lester Waggener, John T. Scott, and M. F. Yount, regents of the University of Texas, and George E. Bethel, dean of the School of Medicine of the University of Texas, respondents, asking that a writ of mandamus be awarded compelling the respondents to reinstate him as a student in the School of Medicine of the University of Texas, at Galveston.
The cause is here on an agreed statement of facts. The controlling facts are as follows:
The School of Medicine at Galveston is a school in and is a part of the University of Texas and is under the control and management of the board of regents of the University of Texas. Under its statutory power to make and enact all such by-laws, rules, and regulations necessary for the successful management of the University, the board of regents has adopted the following rules, inter alia, applicable to the School of Medicine:
"In the interest of efficiency, it has been decided to limit the freshman class to 100, no students except bona fide Texans being accepted." (University of Texas Bulletin No. 3205, Part IX, Medical Branch Catalogue Number, 1932-1933, p. 21.)
"Examinations for the removal of conditions in the work of the first semester may be taken at the time of the final examinations at the end of the session provided the student obtains special permission of the faculty within the first three weeks of the second semester." Ibid., pp. 28, 29.
The board of regents has adopted courses of study to be pursued by students in the School of Medicine, and has divided the courses adopted into four years work. Most of the courses of study adopted to be instructed in the School of Medicine are courses involving a great deal of laboratory work, and this method of instruction, that is, to a great extent through laboratory experiment, is the only practical method of teaching the courses adopted.
The laboratory and clinical and hospital facilities possessed by the School of Medicine of the University of Texas are of such capacity that, in the judgment of the board of regents and the faculty of the School of Medicine, said equipment and facilities are available to and can be used by but 100 first-year students, and by the students promoted from that class and the resulting classes. Only 100 students are admitted to the School of Medicine as first-year students, by reason of the limited facilities for the instruction of the courses adopted to be taught in the school.
Approximately 300 students, who have complied with the entrance requirements pertaining to educational preparation, make application yearly for entrance into the School of Medicine as first-year students. Only 100 of these are selected. Selection of those admitted is made on a basis of scholarship, by the committee of admission; the selection being based primarily upon the record of scholarship made by the applicants in the courses required to have been successfully completed as a prerequisite to entrance into the School of Medicine.
Respondents, in the exercise of their duties, have adopted courses of studies for the School of Medicine, and have divided the courses adopted according to their importance, and according to the time required in their instruction, into "major" and "minor" courses, and have rated the "minor" courses according to their fractional value, considering a "major" course as a whole. The value of the minor courses are indicated, upon reference thereto herein.
Relator took the premedical course requisite to entrance into the School of Medicine, made application to the medical school, and was admitted as a student therein for the school year 1930-31, and continued as a student until the close of the 1931-32 term.
During his first year in the School of Medicine, relator took the following courses and made the following grades therein:
Major Subjects First Second Average
Term Term Grade
Anatomy 71 70 70.5
Bacteriology 76 76
Biological Chemistry 66 66
Histology 70 70
Physiology 71 71
Embryology 71 71
Minor Subjects
Medical Zoology (1/3) 74 74
Personal Hygiene (1/6) 74 74
Relator failed to do satisfactory work in but one major subject, to wit, biological chemistry, during his first year's work. He was permitted to take a conditional examination therein at the end of the first year, and made a grade of 59 on said conditional examination, and therefore failed to remove the conditional failure entered against him.
During the school year 1931-32 relator again was permitted to register as a student in the School of Medicine, and under the rules regulating the course of instruction was compelled to repeat and retake the course in biological chemistry. Relator was not able to take certain of the courses planned for instruction during the second year, because of his being required to repeat the course in biological chemistry. He was able to take, and did take, in connection with biological chemistry, the following courses during his second year in the School of Medicine, and made the following grades therein:
Major Subjects First Second Average
Term Term Grade
Anatomy 76 68 72
Physiology 71 71
Biological Chemistry
(Repeat, 1931-32) 64 64
Major Subjects
Applied Anatomy (1/3) 67 67
Minor Surgery (1/2) 70 70
Relator, at the end of the second year, was permitted to take a conditional examination in biological chemistry and made a grade of 54 thereon, and therefore failed to remove the conditional failure entered against him by reason of his having failed to make a grade of 70 or more on the examination given at the end of the first semester in that course.
It is further agreed that the board of regents has adopted for the government of the School of Medicine of the University, the rules and regulations with reference to class standing and proficiency in work required that are above set out herein, and that said board of regents has delegated to the faculty of the School of Medicine the duty of enforcing same.
Under the rule above quoted, to wit, that if a student fail to do satisfactory work in two major subjects, with a general average of less than 70 per cent., he shall be automatically dropped from the rolls of the School of Medicine, as that rule is construed by the faculty of the School of Medicine, the relator was dropped from the rolls of the school at the end of the school year for 1931-32.
At the close of the 1931-32 term, relator was dismissed, and since that time he has applied to the board of regents, to the president of the University of Texas, and to the dean of the School of Medicine for permission to reenter the School of Medicine as a student, and that he be permitted to continue his studies as such student. The respondents have refused to readmit him, under the rule above set out herein.
The faculty of the School of Medicine, since the adoption of the rule that if a student fail in two major courses with a general average of less than 70 per cent. he shall be dropped from the rolls of the School, has construed that rule to mean that if a student fail in two major courses with a general average of less than 70 per cent. in all courses for the year, such student should be dropped from the rolls of the institution. The faculty of that school, since the adoption of this rule, has also regarded each term of the anatomy courses taught each year as a major course. (Italics ours.)
The rule and the interpretation of the same has been in effect since 1919-20 and the same is clearly explained to each freshman class entering the school, at a convocation of that class on the day following the day of registration of first-year students. This rule and the interpretation thereof by the faculty was explained to the freshman class of 1930-31, at a convocation of that class on the day following the day of their registration.
The School of Medicine at Galveston is a class A school of medicine, and all such schools in the United States have a rule that a student dismissed, for any reason,...
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