Szejner v. University of Alaska, s. S-7707

• Decision Date: 12 September 1997
• Docket Number: Nos. S-7707,S-7708,s. S-7707
• Parties: 121 Ed. Law Rep. 333 Bohdan Jan SZEJNER, Appellant, v. UNIVERSITY OF ALASKA, Appellee.
• Court: Alaska Supreme Court

Page 481

944 P.2d 481

121 Ed. Law Rep. 333

Bohdan Jan SZEJNER, Appellant, v. UNIVERSITY OF ALASKA, Appellee.

Nos. S-7707, S-7708.

Supreme Court of Alaska.

Sept. 12, 1997.

Rehearing Denied Nov. 14, 1997.

Bohdan Jan Szejner, pro se, Anchorage, Appellant.

Mark E. Ashburn, Ashburn & Mason, Anchorage, for Appellee.

Before COMPTON, C.J., and MATTHEWS, EASTAUGH, FABE and BRYNER, JJ.

OPINION

FABE, Justice.

I. INTRODUCTION

These consolidated appeals involve decisions by the University of Alaska, Anchorage, to deny Bohdan J. Szejner admission to a graduate program and to sanction him for a violation of the Student Code of Conduct. The superior court upheld the university's decisions. We affirm.

II. FACTS AND PROCEEDINGS

Bohdan J. Szejner was admitted to graduate study at the University of Alaska, Anchorage (UAA), on September 22, 1987. In August 1988 his thesis committee approved his candidacy for a Master of Arts degree in English. On April 25, 1989, the thesis committee reviewed Szejner's draft thesis and concluded that it did "not indicate satisfactory progress toward the degree." While one committee member apparently believed that the draft deserved a grade of "F", another member thought that Szejner should be allowed a second chance. The committee, after consulting with Professor Michael Turner of UAA's Advising and Counseling Center, agreed on May 3 to allow Szejner until May 18 to submit an outline of chapters, a sample chapter analyzing plays by Shakespeare, and a bibliography. Szejner submitted the requested materials to the committee, and the committee, after considerable discussion, agreed on a grade of "C" for Szejner's thesis and independent research for the semester.

As a consequence of receiving this grade, the state student loan program determined that Szejner's grade point average for the semester made him ineligible to continue to receive student loans. On May 30 Szejner sought Turner's help. The meeting quickly deteriorated, and security officers eventually restrained Szejner and escorted him from the campus. Although the parties dispute the details, it is clear that Szejner became upset and lost his composure. UAA summarily suspended Szejner on May 31 pending a hearing.

The vice chancellor for student services, Larry K. Kingry, held a disciplinary hearing to give Szejner the chance to explain and comment on the incident in Turner's office. Kingry concluded that Szejner had violated the Student Code of Conduct and wrote to him that his "threatening behavior to the faculty and staff of the University and their refusal to continue to work with [him]" made it impossible for him to continue with his academic program at that time. Kingry expelled Szejner until at least May 1, 1990. Szejner filed a grievance, and a hearing panel, after an adversarial hearing, affirmed Kingry's decision. The hearing panel's decision was affirmed by UAA Chancellor Donald Behrend and UAA President Donald D. O'Dowd.

Szejner applied for readmission on October 12, 1990, and a hearing was held to consider the application. The hearing committee recommended that Szejner not be readmitted to UAA. Jerome B. Komisar, the president of the University of Alaska, adopted this recommendation and placed conditions upon any future request by Szejner for readmission, including a request that Szejner "demonstrate by objective evidence that [he] successfully maintained an ongoing psychological counseling program along the lines recommended by [his psychiatrist]."

A hearing was held on June 26, 1991, to consider Szejner's second readmission request. The hearing committee recommended that UAA readmit him on a probationary status to complete his graduate program on the condition that he continue his psychotherapy. President Komisar adopted this recommendation. Szejner received his degree in August 1994.

After receiving his degree, Szejner applied to the Teacher Certification Program in English at UAA. The graduate admissions committee of the school of education denied his application. Alexander McNeill, the dean of the school, cited two reasons for this decision:

1.0 President Komisar's letter to you of July 16, 1991 clearly states that "You are readmitted to the Master of Arts in English program for the sole purpose of completing your graduate degree program under the non-thesis (directed readings) option on page 193 of the 1991-92 UAA catalog." The President's letter essentially prohibits your admission to other programs at UAA.

2.0 The committee has carefully weighed your student record at UAA. On the basis of that record, it is the committee's professional judgment that you have not demonstrated the socially responsible behaviors that are necessary for admission into a teacher certification program.

McNeill stated that the decision was "an academic decision and, as such, is subject to the academic appeals process."

Szejner appealed the decision to Dr. Doug Hammer, associate vice chancellor for research and graduate programs. Hammer met with Szejner and others, reviewed Szejner's academic record, and upheld McNeill's decision. He also noted in his letter to Szejner that in his own professional judgment Szejner "would not be well served by being admitted into a program" because of his doubts as to whether Szejner could complete the program and receive the recommendation required for certification. ¹ However, President Komisar allowed Szejner to enroll in classes at UAA for which he qualified "on the same basis as any other student in good standing."

In November 1994, soon after Hammer affirmed the decision to deny Szejner's application to the Teacher Certification Program, Szejner became involved in an incident with Dr. Roy Rowe. Szejner was enrolled in an education class taught by Rowe. After class on November 1 Szejner asked Rowe to write him a letter recommending that he be admitted into the Teacher Certification Program. Rowe told Szejner that he would not write the recommendation. On November 3 Szejner resigned from UAA.

On November 4 Szejner called Rowe several times, leaving messages on an answering machine at Rowe's office and with Rowe's daughter at his home. Szejner finally reached Rowe and had a conversation with him at 5:30 in the afternoon. He again reached Rowe at his home at 8:30 in the evening. According to Rowe, Szejner accused Rowe of trying to slander him and allegedly said: "Do you have a family? If you slander my character, I will slander your character. I know where you live!" Szejner claims that he actually said to Rowe, "[Y]ou know where to find me."

Szejner also sent Rowe a letter dated November 4, 1994. The letter states:

This is in reference to our today's conversation.

You said that, quote, "you have to smear me because Mrs. Ada and your boss Dean MacNeill did."

I tell you, you can smear your mother, your father, your daughter, your son, "because your boss did!"

But if you smear my family or myself, quote, "because someone else did," you will be accountable to me, not to your boss!

Why? Because I am a Polish-born American citizen--noble and free--not a conscienceless, morally-fossilized reptilian peon as you are!

Rowe notified the director of public safety for UAA and the Anchorage Police Department of both the calls and letter. Rowe stated that he considered both the calls and the letter to be threats indicating "a pattern of escalating harassment by Mr. Szejner directed toward me and my daughter."

Linda Lazell, the dean of students, informed Szejner on November 8 that she had received allegations that he had violated the Student Code of Conduct. She requested that Szejner contact her office within three days for a meeting to determine whether disciplinary action was required. After Szejner met with Lazell, Lazell made findings and conclusions regarding the incident with Rowe. She found that Szejner's "telephone calls ... to Dr. Rowe's home and [his] subsequent letter to him ... which contained a threat, created a threatening environment for Dr. Rowe." She concluded that Szejner had therefore violated the provision in the Student Code of Conduct prohibiting "endangerment." She placed him on disciplinary probation for one year to begin if and when he re-enrolled as a student at UAA. Szejner appealed to Vice Chancellor for Student Services Kingry, and Kingry denied the appeal on November 29, 1994.

Szejner appealed the decision not to admit him to the Teacher Certification Program and the violation of the Student Code of Conduct to the superior court. After denying Szejner's motion that he recuse himself, Judge Mark C. Rowland affirmed UAA's decisions and granted UAA partial attorney's fees totaling $8,927.25. Szejner appeals.

III. DISCUSSION

A. UAA Did Not Err by Denying Szejner Admission to the Teacher Certification Program. ²

In challenging UAA's decision not to admit him to the Teacher Certification Program, Szejner first argues that UAA improperly based that decision on his expulsion from the university in 1989. However, subjective factors such as motivation, maturity, and demonstrated humanitarian qualities are valid considerations in academic admissions decisions. See, e.g., Lucas v. Hahn, 162 Vt. 456, 648 A.2d 839, 842 (1994), cert. denied, 513 U.S. 1149, 115 S.Ct. 1099, 130 L.Ed.2d 1066 (1995) (holding that, in the context of a program to license teachers, concerns over a student's ethical standards and ability to cooperate with superiors "are valid academic matters, because they rank as important measures of an individual's ability to perform as a teacher"); McDonald v. Hogness, 92 Wash.2d 431, 598 P.2d 707, 717 (1979). UAA did not err in considering Szejner's expulsion when it evaluated and rejected his application. ³

Szejner correctly argues that the admissions committee misread President Komisar's letter readmitting him to the English program. Komisar's letter stated that Szejner was "readmitted to the Master of Arts in English program for the sole purpose of...