regents
university
michigan
ewing
argued
october
decided
december
respondent
enrolled
program
study
university
michigan
known
inteflex
undergraduate
degree
medical
degree
awarded
upon
successful
completion
program
qualify
final
two
years
program
student
must
pass
examination
known
nbme
part
respondent
dismissed
university
failed
examination
lowest
score
recorded
history
inteflex
program
unsuccessfully
seeking
university
authorities
readmission
program
opportunity
retake
examination
respondent
brought
suit
federal
district
alleging
right
retake
examination
ground
inter
alia
property
interest
inteflex
program
dismissal
arbitrary
capricious
violation
substantive
due
process
rights
guaranteed
fourteenth
amendment
determining
respondent
constitutionally
protected
property
interest
continued
enrollment
inteflex
program
district
found
violation
due
process
rights
appeals
reversed
held
even
respondent
assumed
property
interest
gave
rise
substantive
right
due
process
clause
continue
enrollment
free
arbitrary
state
action
facts
record
disclose
action
record
unmistakably
demonstrates
decision
dismiss
respondent
made
conscientiously
careful
deliberation
based
evaluation
entire
academic
career
university
including
singularly
low
score
nbme
part
examination
narrow
avenue
judicial
review
substance
academic
decisions
precludes
conclusion
decision
substantial
departure
accepted
academic
norms
demonstrate
faculty
exercise
professional
judgment
pp
reversed
remanded
stevens
delivered
opinion
unanimous
powell
filed
concurring
opinion
post
roderick
daane
argued
cause
petitioner
briefs
peter
davis
michael
conway
argued
cause
respondent
brief
mary
butler
briefs
amici
curiae
urging
reversal
filed
acting
solicitor
general
wallace
acting
assistant
attorney
general
willard
deputy
solicitor
general
geller
leonard
schaitman
freddi
lipstein
american
council
education
et
al
eugene
gulland
catherine
brown
sheldon
elliot
steinbach
joseph
anthony
keyes
curators
university
missouri
et
al
marvin
wright
william
arnet
duke
university
et
al
robert
donin
daniel
steiner
eugene
mcdonald
estelle
fishbein
michael
weston
peter
ruger
michael
gottesman
robert
weinberg
joy
koletsky
laurence
gold
david
silberman
filed
brief
national
education
association
et
al
amici
curiae
urging
affirmance
anne
franke
jacqueline
mintz
filed
brief
american
association
university
professors
amicus
curiae
justice
stevens
delivered
opinion
respondent
scott
ewing
dismissed
university
michigan
failing
important
written
examination
question
presented
whether
university
action
deprived
ewing
property
without
due
process
law
refusal
allow
retake
examination
arbitrary
departure
university
past
practice
appeals
held
constitutional
rights
violated
disagree
fall
ewing
enrolled
special
program
study
known
inteflex
offered
jointly
undergraduate
college
medical
school
undergraduate
degree
medical
degree
awarded
upon
successful
completion
program
order
qualify
final
two
years
inteflex
program
consist
clinical
training
hospitals
affiliated
university
student
must
successfully
complete
four
years
study
including
premedical
courses
courses
basic
medical
sciences
student
must
also
pass
nbme
part
written
test
administered
national
board
medical
examiners
spring
overcoming
certain
academic
personal
difficulties
ewing
successfully
completed
courses
prescribed
first
four
years
inteflex
program
thereby
qualified
take
nbme
part
ewing
failed
five
seven
subjects
examination
receiving
total
score
passing
score
score
required
state
licensure
national
mean
ewing
received
lowest
score
recorded
inteflex
student
brief
history
program
july
promotion
review
board
individually
reviewed
status
several
students
inteflex
program
considering
ewing
record
detail
nine
members
board
attendance
voted
unanimously
drop
registration
program
response
written
request
ewing
board
reconvened
week
later
reconsider
decision
ewing
appeared
personally
explained
believed
score
test
fairly
reflect
academic
progress
potential
reconsidering
matter
nine
voting
members
present
unanimously
reaffirmed
prior
action
drop
ewing
registration
program
august
ewing
appealed
board
decision
executive
committee
medical
school
giving
ewing
opportunity
heard
person
executive
committee
unanimously
approved
motion
deny
appeal
leave
absence
status
enable
retake
part
nbme
examination
following
year
ewing
reappeared
executive
committee
two
separate
occasions
time
unsuccessfully
seeking
readmission
medical
school
august
commenced
litigation
district
eastern
district
michigan
ii
ewing
complaint
regents
university
michigan
asserted
right
retake
nbme
part
test
three
separate
theories
two
predicated
state
law
one
based
federal
law
matter
state
law
alleged
university
action
constituted
breach
contract
barred
doctrine
promissory
estoppel
matter
federal
law
ewing
alleged
property
interest
continued
enrollment
inteflex
program
dismissal
arbitrary
capricious
violating
substantive
due
process
rights
guaranteed
fourteenth
amendment
entitling
relief
district
held
bench
trial
took
evidence
university
claim
ewing
dismissal
justified
well
ewing
allegation
university
michigan
medical
students
failed
nbme
part
routinely
given
second
opportunity
take
test
district
described
ewing
unfortunate
academic
history
detail
findings
set
forth
margin
reveal
ewing
encountered
immediate
difficulty
handling
work
ewing
board
regents
supp
difficulties
form
marginally
passing
grades
number
incompletes
makeup
examinations
many
experienced
ewing
reduced
course
load
persisted
throughout
period
enrolled
inteflex
program
ewing
discounted
importance
academic
record
offering
evidence
students
even
academic
deficiencies
uniformly
allowed
retake
nbme
part
see
app
statistical
evidence
indicated
standard
students
medical
school
failed
part
nbme
since
inception
permitted
retake
test
allowed
take
test
third
time
fourth
time
seven
students
inteflex
program
allowed
retake
test
one
student
allowed
retake
twice
ewing
student
failed
test
permitted
retake
robert
reed
former
director
inteflex
program
member
promotion
review
board
stated
students
routinely
given
second
chance
accord
app
ewing
argued
promotional
pamphlet
released
medical
school
approximately
week
examination
codified
practice
pamphlet
entitled
becoming
doctor
stated
according
gibson
everything
possible
done
keep
qualified
medical
students
medical
school
even
extends
taking
passing
national
board
exams
student
fail
either
part
national
boards
opportunity
provided
make
failure
second
exam
regard
ewing
federal
claim
district
determined
ewing
constitutionally
protected
property
interest
continued
enrollment
inteflex
program
state
university
academic
decisions
concerning
qualifications
medical
student
subject
substantive
due
process
review
federal
district
however
found
violation
ewing
due
process
rights
trial
record
emphasized
devoid
indication
university
decision
based
bad
faith
ill
impermissible
ulterior
motives
contrary
evidence
demonstrate
decision
dismiss
plaintiff
reached
fair
impartial
manner
careful
deliberate
consideration
leave
conjecture
decision
district
judge
expressly
found
evidence
demonstrate
arbitrary
capricious
action
since
regents
good
reason
dismiss
ewing
program
without
reaching
claims
appeals
reversed
dismissal
ewing
federal
constitutional
claim
appeals
agreed
district
ewing
implied
contract
right
continued
enrollment
free
arbitrary
interference
qualified
property
interest
protected
due
process
clause
concluded
university
arbitrarily
deprived
property
violation
fourteenth
amendment
ewing
qualified
student
university
defined
term
time
sat
nbme
part
consistent
practice
university
michigan
allow
qualified
medical
student
initially
failed
nbme
part
opportunity
retest
ewing
university
michigan
medical
student
initially
failed
nbme
part
allowed
opportunity
retest
ewing
board
regents
appeals
therefore
directed
university
allow
ewing
retake
nbme
part
pass
reinstate
inteflex
program
granted
university
petition
certiorari
consider
whether
appeals
misapplied
doctrine
substantive
due
process
reverse
iii
board
curators
univ
mo
horowitz
assumed
without
deciding
federal
courts
review
academic
decision
public
educational
institution
substantive
due
process
standard
case
ewing
contends
review
appropriate
constitutionally
protected
property
interest
continued
enrollment
inteflex
program
remembering
justice
brandeis
admonition
formulate
rule
constitutional
law
broader
required
precise
facts
applied
ashwander
tva
concurring
opinion
conclude
horowitz
precise
facts
disclosed
record
afford
appropriate
basis
decision
therefore
accept
university
invitation
assume
existence
constitutionally
protectible
property
right
ewing
continued
enrollment
hold
even
ewing
assumed
property
interest
gave
rise
substantive
right
due
process
clause
continued
enrollment
free
arbitrary
state
action
facts
record
disclose
action
preliminary
matter
must
noted
substantive
constitutional
protection
arbitrary
dismissal
necessarily
give
ewing
right
retake
nbme
part
constitutionally
protected
interest
alleged
ewing
complaint
app
found
courts
derives
ewing
implied
contract
right
continued
enrollment
free
arbitrary
dismissal
district
find
ewing
separate
right
retake
exam
explicitly
reject
ed
contract
promissory
estoppel
claims
finding
sufficient
evidence
conclude
defendants
bound
either
expressly
course
conduct
give
ewing
second
chance
take
part
nbme
examination
appeals
overturn
district
determination
ewing
lacked
tenable
contract
estoppel
claim
michigan
law
see
supra
accept
reasonable
rendering
state
law
particularly
party
challenged
university
refusal
allow
ewing
retake
nbme
part
thus
actionable
however
important
element
ewing
claim
dismissal
product
arbitrary
state
action
proper
analysis
refusal
may
constitute
evidence
arbitrariness
even
actual
legal
wrong
alleged
question
whether
record
compels
conclusion
university
acted
arbitrarily
dropping
ewing
inteflex
program
without
permitting
reexamination
important
remember
case
procedures
used
university
unfair
respect
quite
contrary
true
regents
accused
concealing
nonacademic
constitutionally
impermissible
reasons
expelling
ewing
district
found
regents
acted
good
faith
ewing
claim
therefore
must
university
misjudged
fitness
remain
student
inteflex
program
record
unmistakably
demonstrates
however
faculty
decision
made
conscientiously
careful
deliberation
based
evaluation
entirety
ewing
academic
career
judges
asked
review
substance
genuinely
academic
decision
one
show
great
respect
faculty
professional
judgment
plainly
may
override
unless
substantial
departure
accepted
academic
norms
demonstrate
person
committee
responsible
actually
exercise
professional
judgment
cf
youngberg
romeo
considerations
profound
importance
counsel
restrained
judicial
review
substance
academic
decisions
justice
white
explained
although
regularly
proceeds
assumption
due
process
clause
procedural
dimension
must
always
bear
mind
substantive
content
clause
suggested
neither
language
preconstitutional
history
content
nothing
accumulated
product
judicial
interpretation
fifth
fourteenth
amendments
underline
justice
black
constant
reminder
colleagues
license
invalidate
legislation
thinks
merely
arbitrary
unreasonable
moore
east
cleveland
white
dissenting
narrow
avenue
judicial
review
precludes
conclusion
decision
dismiss
ewing
inteflex
program
substantial
departure
accepted
academic
norms
demonstrate
faculty
exercise
professional
judgment
certainly
expulsion
considered
aberrant
viewed
isolation
district
found
fact
regents
good
reason
dismiss
ewing
program
failing
nbme
part
ewing
accumulated
unenviable
academic
record
characterized
low
grades
seven
incompletes
several
terms
irregular
reduced
course
load
ewing
failure
medical
boards
words
one
professors
merely
culminate
series
deficiencies
many
ways
straw
broke
camel
back
app
accord
moreover
fact
ewing
qualified
sense
eligible
take
examination
first
time
weaken
conclusion
ewing
took
nbme
part
entirely
reasonable
faculty
reexamine
entire
record
light
unfortunate
results
examination
admittedly
may
well
unwise
deny
ewing
second
chance
permission
retake
test
might
saved
university
expense
litigation
conceivably
might
demonstrated
members
promotion
review
board
misjudged
ewing
fitness
medical
profession
nevertheless
remains
true
dismissal
inteflex
program
rested
academic
judgment
beyond
pale
reasoned
academic
decisionmaking
viewed
background
entire
career
university
michigan
including
singularly
low
score
nbme
part
examination
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
later
meetings
ewing
excused
nbme
part
failure
mother
suffered
heart
attack
months
examination
girlfriend
broke
six
months
examination
work
essay
contest
taken
much
time
makeup
examination
pharmacology
administered
nbme
part
inadequate
preparation
caused
panic
examination
fourth
count
ewing
complaint
advanced
claim
damages
district
held
board
regents
state
instrumentality
immunized
liability
damages
eleventh
amendment
dismissed
count
complaint
ewing
board
regents
supp
ed
fall
ewing
enrolled
program
encountered
immediate
difficulty
handling
work
take
final
examination
biology
following
semester
completed
course
received
performance
first
semester
courses
follows
chemistry
writing
course
incomplete
freshman
seminar
next
semester
took
chemistry
freshman
seminar
psychology
received
freshman
seminar
chemistry
withdrew
psychology
advised
time
take
patient
care
course
usually
given
fall
inteflex
student
second
year
placed
irregular
program
difficulties
july
meeting
promotion
review
board
requested
leave
absence
approved
left
program
summer
leave
took
two
physics
courses
point
loma
college
california
reentered
inteflex
program
university
michigan
winter
term
term
repeated
chemistry
received
spring
passed
introduction
patient
care
course
year
completed
regular
year
ii
program
encountered
new
difficulty
fall
received
incomplete
clinical
studies
converted
pass
microbiology
incomplete
gross
anatomy
gross
anatomy
incomplete
converted
examination
winter
received
genetics
microbiology
microanatomy
general
pathology
creative
writing
pass
clinical
studies
appealed
microanatomy
general
pathology
grade
requesting
change
exam
receive
pass
appeal
denied
grade
appeal
committee
placed
irregular
program
took
clinical
studies
course
spring
semester
july
ewing
submitted
request
promotion
review
board
irregular
program
consisting
course
pharmacology
fall
winter
course
human
illness
neuroscience
thus
splitting
fourth
year
two
years
board
denied
request
directed
take
fourth
year
curriculum
one
academic
year
undertook
removed
deficiency
microanatomy
general
pathology
repeating
course
winter
semester
received
spring
term
passed
developmental
anatomy
grade
received
grade
neuroscience
reexamination
fall
received
passing
grade
neuroscience
pharmacology
winter
term
received
passing
grade
clinical
studies
deficiency
pharmacology
given
makeup
examination
course
received
grade
took
part
nbme
ewing
board
regents
appeals
stated
believe
case
disposed
section
claim
expressly
reach
breach
contract
promissory
estoppel
claims
ewing
board
regents
university
petition
certiorari
also
presented
question
whether
eleventh
amendment
constituted
complete
bar
action
brought
board
regents
university
michigan
app
body
corporate
cf
florida
dept
health
florida
nursing
home
per
curiam
alabama
pugh
per
curiam
petition
granted
however
respondent
ewing
filed
motion
amend
complaint
joining
individual
members
board
regents
named
defendants
official
capacities
university
oppose
motion
tr
oral
arg
granting
motion
merely
conforms
pleadings
course
proceedings
district
cf
kentucky
graham
brandon
holt
record
reveals
regents
frequently
referred
plural
defendants
indicating
understood
suit
individually
official
capacities
rather
board
corporate
entity
app
likewise
district
held
defendants
act
violation
ewing
due
process
rights
accordingly
found
favor
defendants
consequently
grant
motion
thereby
allowing
ewing
name
defendants
individual
members
board
regents
official
capacities
see
patsy
florida
board
regents
given
resolution
case
need
consider
question
whether
relief
sought
ewing
available
eleventh
amendment
principles
ewing
courts
reasoned
follows
board
regents
roth
held
property
interests
protected
due
process
defined
existing
rules
understandings
stem
independent
source
state
law
see
goss
lopez
companion
case
perry
sindermann
held
agreements
implied
promisor
words
conduct
light
surrounding
circumstances
independent
sources
property
interests
see
bishop
wood
implied
contracts
according
antiquated
race
discrimination
decision
michigan
whose
principal
holding
since
overtaken
events
one
admitted
college
implied
understanding
shall
arbitrarily
dismissed
therefrom
booker
grand
rapids
medical
college
foregoing
ewing
us
conclude
protectible
property
interest
continued
enrollment
inteflex
program
tr
oral
arg
consistent
suggestion
petitioner
answer
ewing
complaint
admit
ted
michigan
law
ewing
may
enjoyed
property
right
interest
continued
enrollment
inteflex
program
app
although
ambiguity
opinion
understand
appeals
found
clearly
erroneous
district
rejection
ewing
federal
substantive
due
process
claim
solely
undisputed
evidence
consistent
pattern
conduct
namely
substantial
uncontroverted
evidence
trial
record
time
ewing
took
nbme
part
medical
students
routinely
given
second
opportunity
pass
appeals
found
rule
effect
medical
students
entitled
retake
failed
examinations
indeed
relied
university
promotional
pamphlet
entitled
becoming
doctor
extent
memorialized
consistent
practice
medical
school
respect
students
initially
fail
examination
emphasis
added
property
interest
second
examination
however
inferred
consistent
practice
without
basis
state
law
yet
case
appeals
reverse
district
finding
ewing
even
aware
contents
pamphlet
left
standing
holding
statements
promotional
tract
amoun
either
unqualified
promise
contract
right
retake
examination
state
law
recognize
course
mutually
explicit
understandings
may
operate
create
property
interests
perry
sindermann
understandings
tacit
agreements
must
support
legitimate
claim
entitlement
independent
source
state
law
quoting
board
regents
roth
district
bears
emphasis
held
university
liberal
retesting
custom
gave
rise
entitlement
retake
nbme
part
rejected
argument
similar
ewing
board
regents
roth
case
roth
asserted
property
interest
continued
employment
virtue
fact
four
hundred
professors
four
renewed
particular
academic
year
brief
respondent
board
regents
roth
citation
omitted
absent
state
statute
university
rule
anything
approaching
common
law
reemployment
however
held
roth
property
interest
renewal
teaching
contract
board
regents
roth
dealing
issues
state
law
enter
judgments
federal
courts
hesitant
overrule
decisions
federal
courts
skilled
law
particular
unless
conclusions
shown
unreasonable
propper
clark
accord
haring
prosise
leroy
great
western
butner
bishop
wood
university
faculties
must
widest
range
discretion
making
judgments
academic
performance
students
entitlement
promotion
graduation
board
curators
univ
mo
horowitz
powell
concurring
see
opinion
academic
freedom
thrives
independent
uninhibited
exchange
ideas
among
teachers
students
see
keyishian
board
regents
sweezy
new
hampshire
opinion
warren
also
somewhat
inconsistently
autonomous
decisionmaking
academy
see
university
california
regents
bakke
opinion
powell
sweezy
new
hampshire
frankfurter
concurring
result
discretion
determine
academic
grounds
may
admitted
study
described
one
four
essential
freedoms
university
university
california
regents
bakke
opinion
powell
quoting
sweezy
new
hampshire
supra
frankfurter
concurring
result
internal
quotations
omitted
even
viewing
case
ewing
perspective
say
explanations
extenuating
circumstances
offered
compelling
rejection
fairly
described
irrational
example
university
might
well
concluded
ewing
sensitivity
difficulties
personal
life
suggested
inability
handle
stress
inherent
career
medicine
inordinate
amount
time
ewing
devoted
extracurricular
essay
writing
may
reasonably
revealed
university
lack
judgment
inability
set
priorities
university
termination
ewing
substantially
deviate
accepted
academic
norms
compared
treatment
students
sure
university
routinely
gave
others
opportunity
retake
nbme
part
despite
tables
recording
students
incompletes
low
grades
permitted
retake
examination
failing
first
time
app
charts
indicating
students
lacked
outside
research
honor
grade
clinical
work
ewing
received
position
say
students
similarly
situated
ewing
promotion
review
board
presumably
considered
raw
statistical
data
also
nature
seriousness
individual
deficiencies
concentration
particular
disciplines
ewing
case
hard
sciences
board
able
take
account
numerous
incompletes
makeup
examinations
ewing
required
secure
even
marginally
passing
grades
view
connection
reduced
course
loads
finally
uniquely
positioned
observe
ewing
judgment
ability
handle
stress
thus
especially
well
situated
make
necessarily
subjective
judgment
ewing
prospects
success
medical
profession
insusceptibility
promotion
decisions
one
rigorous
judicial
review
borne
fact
inteflex
students
records
judge
might
find
better
ewing
dismissed
faculty
without
even
allowed
take
nbme
part
first
time
cf
nine
inteflex
students
terminated
suffering
one
deficiency
failing
one
course
warning
justice
powell
concurring
although
join
opinion
holding
respondent
presents
violation
substantive
due
process
right
asserts
think
unnecessary
assume
existence
right
facts
case
respondent
alleges
property
interest
continued
enrollment
university
inteflex
program
dismissal
arbitrary
capricious
dismissal
allegedly
violated
substantive
due
process
rights
guaranteed
fourteenth
amendment
providing
basis
claim
correctly
points
respondent
claim
property
right
dubious
best
ante
even
one
assumes
existence
property
right
however
every
right
entitled
protection
substantive
due
process
property
interests
protected
procedural
due
process
even
though
interest
derived
state
law
rather
constitution
board
regents
roth
substantive
due
process
rights
created
constitution
history
substantive
due
process
counsels
caution
restraint
moore
east
cleveland
opinion
powell
plurality
determination
substantive
due
process
right
exists
judgment
certain
interests
require
particularly
careful
scrutiny
state
needs
asserted
justify
abridgment
quoting
poe
ullman
harlan
dissenting
context
liberty
interests
careful
examine
asserted
interest
determine
whether
merits
protection
substantive
due
process
see
east
cleveland
supra
roe
wade
griswold
connecticut
new
claim
substantive
due
process
protection
must
considered
background
constitutional
purposes
rationally
perceived
historically
developed
poe
supra
harlan
dissenting
interest
asserted
respondent
interest
continued
enrollment
derives
right
retake
nbme
essentially
contract
right
bears
little
resemblance
fundamental
interests
previously
viewed
implicitly
protected
constitution
certainly
closely
tied
respect
teachings
history
solid
recognition
basic
values
underlie
society
wise
appreciation
great
roles
doctrines
federalism
separation
powers
played
establishing
preserving
american
freedoms
griswold
supra
harlan
concurring
judgment
reasons
briefly
summarized
think
fact
michigan
may
labeled
interest
property
entitles
join
far
important
interests
heretofore
accorded
protection
substantive
due
process
cf
harrah
independent
school
district
martin
ii
agree
fully
emphasis
respect
deference
courts
accord
academic
decisions
made
appropriate
university
authorities
view
ewing
academic
record
charitably
characterizes
unfortunate
case
never
litigated
trial
district
case
reviewed
appeals
sixth
circuit
subject
decision
judicial
review
academic
decisions
including
respect
admission
dismissal
students
rarely
appropriate
particularly
orderly
administrative
procedures
followed
case
see
board
curators
univ
mo
horowitz
opinion
powell
cited
ante
see
also
university
california
regents
bakke
opinion
powell
academic
freedom
though
specifically
enumerated
constitutional
right
long
viewed
special
concern
first
amendment
keyishian
board
regents