UNIV. OF MISS. MED. CENTER v. Hughes

• Decision Date: 24 August 2000
• Docket Number: No. 1999-CA-01126-SCT.,1999-CA-01126-SCT.
• Parties: UNIVERSITY OF MISSISSIPPI MEDICAL CENTER, The State of Mississippi and Board of Trustees of State Institutions of Higher Learning v. Christopher W. HUGHES and Eric Beasley.
• Court: Mississippi Supreme Court

765 So.2d 528

UNIVERSITY OF MISSISSIPPI MEDICAL CENTER, The State of Mississippi and Board of Trustees of State Institutions of Higher Learning v. Christopher W. HUGHES and Eric Beasley.

No. 1999-CA-01126-SCT.

Supreme Court of Mississippi.

August 24, 2000.

Office of the Attorney General by Ed Davis Noble, Jr., Robert G. Jenkins, Charles T. Rubisoff, Attorneys for Appellants.

Michael L. Knapp, Marc E. Brand, Jackson, Attorneys for Appellees.

BEFORE PRATHER, C.J., SMITH AND DIAZ, JJ.

SMITH, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. Christopher W. Hughes and Eric Beasley, former medical students at the University of Mississippi Medical Center ("the University"), failed to pass Step One of the United States Medical Licensing Examination ("USMLE"). University guidelines state that if a student does not pass this examination in three attempts, the student will be dismissed from medical school. Pursuant to these guidelines, Hughes and Beasley were dismissed from the University. Hughes brought the present action for an injunction in the Hinds County Chancery Court, and Beasley intervened as a plaintiff. Chancellor Denise Owens ordered the University to readmit Hughes and Beasley so that they might afforded one more opportunity to take the examination. The University appeals this determination.

STATEMENT OF FACTS

¶ 2. Christopher W. Hughes enrolled in the School of Medicine at UMMC in 1992. At that time, according to the academic guidelines of the School of Medicine, in order to proceed in medical school and ultimately to receive a doctor of medicine degree from the University, a student had to maintain an overall average of 75. At the time Hughes enrolled in medical school in 1992, the Federation of State Medical Boards and the National Board of Medical Examiners required a student to pass the USMLE in order to be licensed. In 1992, the USMLE was not a requirement for promotion in the School of Medicine or for receipt of the doctor of medicine degree.

¶ 3. The USMLE is given in three parts, known as Step 1, Step 2, and Step 3. In September 1993, when Hughes was beginning his sophomore year, the Executive Faculty of the School of Medicine met to consider the recommendation of the Curriculum Committee that the USMLE Step 1 be required for promotion to the junior year. This is a requirement set by the majority of medical schools nationwide. The Executive Faculty passed the recommendation unanimously on September 28, 1993.

¶ 4. Dr. Lincoln Arceneaux, associate dean of student affairs for the School of Medicine, testified regarding the basis for this decision. He explained that the Federation of State Medical Boards and the National Board of Medical Examiners require a student to pass the USMLE to become licensed. The State Board of Medical Licensure requires that in order to begin residency training in Mississippi, a student must have passed Step 1 and Step 2 of the USMLE and must have received the doctor of medicine degree. Dr. Arceneaux stated that the School of Medicine adopted the requirement that a student pass Step 1 for promotion to the junior year and the requirement that a student pass Step 2 prior to certification for the M.D. degree so an individual who received an M.D. degree from UMC would be qualified for entry into residency training in Mississippi. The requirement went into effect in June 1994.

¶ 5. On September 29, 1993, Dr. Arceneaux wrote a memorandum to sophomore students explaining the change in requirements. The memo stated:

Following action by the Executive Faculty of the University of Mississippi School of Medicine on September 28, 1993, sophomore medical students 1993-94 are required to take the USMLE Step I in June, 1994 and pass this examination as an additional requirement for promotion to the junior medical year.

Sophomore medical students 1993-94 who have fulfilled all other requirements for promotion, but who fail the June, 1994 USMLE Step I, may be allowed to enroll on a contingent basis for the first junior medical block beginning August/September, 1994; however, such a student will be required to repeat and pass the Step I examination in September, 1994 in order to continue with the junior year in 1994-95. Any such student who fails the repeat USMLE Step I in September, 1994 must repeat and pass the Step I examination in June, 1995 in order to be promoted to the M-3 year for 1995-96.

¶ 6. Upon completion of his sophomore year, Hughes failed to pass both the June 1994 Step 1 examination as well as the September 1994 Step 1 examination. After Hughes failed his second attempt at the examination, the Executive Faculty recommended that he either undertake a self-study program, with Step 1 in June 1995 serving as the final exam for the self-study program or, alternatively, that Hughes be placed on a leave of absence until the June 1995 exam. Hughes chose to participate in the self-study program. On March 29, 1995, Dr. Arceneaux sent another memorandum to all medical students which included the requirement passed by the Executive Faculty. It stated as follows:

On March 28, 1995, the Executive Faculty of the University of Mississippi School of Medicine approved the updated Standards for Scholastic Performance as shown in bold print below:

STANDARDS FOR SCHOLASTIC PERFORMANCE—To be eligible for promotion, a student must achieve a grade of not less than 70.0 in each course, have no grade with an F designation which indicates a deficiency in a specific portion of a course, and have a weighted average of 75.0 or higher. Sophomore students must also pass Step 1 of the United States Medical Licensing Examination (USMLE) to be eligible for promotion to the junior year. Senior students must also have passed USMLE Step 2 to be eligible for graduation.

* * * * *

Sophomore students, satisfactorily completing all course work for the second (M2) year may begin the junior year on a contingent basis pending receipt of the results of their USMLE Step 1. Students who fail the Step 1 examination may not continue with the junior year nor receive credit for any junior course work already begun; such students will be placed on leave of absence for a period not to exceed one year during which they must pass the USMLE Step 1. Students who pass the Step 1 examination during this period qualify for promotion to the junior year; those who have not passed will be dismissed from the School of Medicine.

* * * * *

¶ 7. Hughes did not pass the June 1995, Step 1 examination, his third attempt. Hughes was notified of his dismissal from medical school by letter dated August 9, 1995. He appealed his dismissal in September 1995 to the Executive Faculty, and his dismissal was sustained. Dr. Arceneaux testified that Hughes would have been promoted to his junior year if he had passed Step 1, despite the fact that his course grades were marginal.¹ Dr. Arceneaux also stated that the USMLE composite committee recommends that a student be allowed to take the examination up to six times.

¶ 8. Hughes filed a Complaint for Injunction and Other Relief against UMC and the Board of Trustees of State Institutions of Higher Learning (hereinafter collectively referred to as "the University") in the Chancery Court of Hinds County, First Judicial District, on June 19, 1996. Hughes did not request damages. Hughes asserted that the action taken by the University constituted a breach of contract and violated both his due process and equal protection rights.

¶ 9. Following to a bench trial, the chancellor found that Hughes had a vested contract with the University and that in changing the standards required to maintain Hughes' medical course, the University acted in an arbitrary and capricious manner. On April 11, 1997, the chancellor ordered the University "to clear Mr. Hughes so that he can sit for the USMLE Step I test at the next available sitting." Hughes filed a Motion for Clarification on July 1, 1997.

¶ 10. On October 28, 1997, Eric Beasley filed a Motion to Intervene in the action. In his petition, Beasley stated that he, like Hughes, was admitted to UMC in 1992. He repeated his freshman year and completed his sophomore year in 1995. Beasley, like Hughes, failed the USMLE Step 1 three times. The chancellor granted Beasley's Motion to Intervene on December 24, 1997. Such are all the facts in the record regarding Beasley. Beasley has not filed a brief for purposes of this appeal. Beasley urged the chancery court that his claim is identical to that of Hughes. Thus, for simplicity's sake, Hughes and Beasley will hereafter be referred collectively to as "Hughes." ¶ 11. The chancellor held a hearing on the Motion for Clarification on May 12, 1999. At the hearing, the testimony showed that, in order to qualify to take the USMLE, a student must be officially enrolled in a medical school. The chancellor entered judgment on June 4, 1999, and ordered the School of Medicine to readmit Hughes and Beasley, commencing in June 1999, so that they might satisfy the enrollment requirement for sitting for the USMLE for the purpose of affording them one additional opportunity to take the examination. The chancellor stated that the University's requirements for progressing to the junior year shall not be disturbed.

¶ 12. The University filed a motion for stay of the chancery court's judgment and supersedeas pending appeal on June 16, 1999. Because notice of the final judgment of the court to UMC was delayed until June 16, 1999, the chancery court granted the motion for stay and supersedeas. The University filed a notice of appeal on June 24, 1999. The University raises the following issues:

I. WHETHER THE CHANCERY COURT ERRED IN DETERMINING THAT THE PLAINTIFFS ESTABLISHED A CONSTITUTIONALLY PROTECTED INTEREST IN A CONTINUED STATUS AS STUDENTS IN GOOD STANDING.

II. WHETHER THE CHANCERY COURT ERRED IN DETERMINING THAT THE PLAINTIFFS WERE TREATED DIFFERENTLY THAN OTHER MEMBERS OF THEIR CLASS BY THE ACTION COMPLAINED OF.

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