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CINCINNATI (AP) — A university in Ohio can deny a medical degree to a student if the school decides that the student lacks "professionalism," a federal appeals court ruled.
The 6th U.S. Circuit Court of Appeals overturned a lower court ruling that ordered Case Western Reserve University in Cleveland to give Amir Al-Dabagh a degree despite the school's contention that he lacked the professionalism to responsibly carry out his duties.
A three-judge appeals panel in Cincinnati on Wednesday found that Case Western was within its rights to make an academic judgment about a student and deny the degree.
"Because that lack-of-professionalism finding amounts to an academic judgment to which courts owe considerable deference, we must reverse," the ruling states.
An emailed statement from the Wegman, Hessler & Vanderburg law firm representing Al-Dabagh, said their client deserves the degree.
"We are obviously disappointed in this ruling, and will be pursuing our appellate rights," the firm said.
Al-Dabagh can ask the full appeals court or the U.S. Supreme Court to hear the case.
Case Western said in a statement that it is grateful the court found that universities are uniquely qualified to make academic judgments.
"In particular, we appreciate that the judges made clear that assessments of a student's professionalism are part of that academic judgment, and merit the highest deference," the school said.
The ruling said Al-Dabagh did well academically, but that Case Western noted issues during his college and internship years that included allegations of tardiness, giving patient-status presentations without preparing and other inappropriate behavior. The university invited him to graduate last year, but expelled him a few weeks before graduation after learning in April 2014 that he had been convicted of driving while intoxicated, the court said. Al-Dabagh has said he wasn't drunk and hit a utility pole while swerving to miss a deer.
Al-Dabagh sued the school in U.S. District Court in Cleveland, alleging Case Western breached its state-law duties of good faith and fair dealing by denying him a degree.
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