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Abrams v. Ill. College of Podiatric Medicine

OPINION FILED SEPTEMBER 27, 1979.

JONATHAN M. ABRAMS, PLAINTIFF-APPELLANT,

v.

ILLINOIS COLLEGE OF PODIATRIC MEDICINE, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. FRANCIS T. DELANEY, Judge, presiding.

MR. JUSTICE LINN DELIVERED THE OPINION OF THE COURT:

On September 10, 1974, plaintiff, Jonathan M. Abrams, filed an action in the chancery division of the Circuit Court of Cook County against the defendant, Illinois College of Podiatric Medicine (College), a private educational institution. Plaintiff's complaint alleged a breach of contract by the College and sought, inter alia:

(1) An order directing the expunction of all school records indicating his dismissal from the College;

(2) An order directing his reinstatement as a student in the College; and

(3) An order directing the College to give due consideration and accommodation to his learning disability. *fn1

The trial court granted the motion of the College for judgment on the pleadings.

Plaintiff appeals, contending that material issues of fact exist which preclude entry of judgment on the pleadings.

We affirm the trial court.

Plaintiff was admitted to the College in early 1973. In his first academic semester, plaintiff failed to attain a passing grade in the course Physiology 101. Plaintiff was given a re-examination in that course, pursuant to the following provision contained in the College's Student Handbook:

"If a student fails a subject in any given semester, he will then be allowed to participate in a second examination or a re-exam. There will be a charge for the re-exam. This should take place within a six-week period following the end of the regular academic semester."

Plaintiff failed to attain a passing grade on re-examination.

The Academic Review Committee of the College conducted a hearing on plaintiff's academic status and sent plaintiff the following letter:

"Dear Mr. Abrams:

The Academic Review Committee has made the following recommendations, which have been accepted regarding your status at the Illinois College of Podiatric Medicine for the second semester of the 1973-74 academic year:

1. You be placed on * * * strict academic probation.

2. You not be permitted to enroll in the second semester of ...


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