Remedies

A trial court decision that granted summary judgment against relief sought for the denial of plaintiff’s law degree was affirmed by the Idaho Supreme Court

This appeal concerns a lawsuit arising from Appellant Laurie Barton’s violations of the University of Idaho, College of Law’s honor code. During her third year, Barton was charged with violating the honor code after committing academic misconduct during a final examination. Barton denied the allegations during subsequent Honor Court proceedings, but she was ultimately sanctioned with degree denial. After Barton exhausted her administrative review options, including an appeal to the Idaho State Board of Education, she petitioned for judicial review. The district court denied her petition after a hearing. Barton later stipulated to dismiss an appeal of the petition’s denial. Instead, Barton sued the Board of Regents of the University of Idaho and Idaho State Board of Education, alleging nine causes of action, all of which the district court dismissed at summary judgment. The district court also denied Barton’s subsequent motion for reconsideration. For the reasons below, we affirm the district court’s decision.

The conduct 

The complaint alleged that, during the Remedies final exam, Barton had documents open on her computer that were related to that class and that she conducted internet searches for specific topics on her exam. 

Merits hearing

the Honor Court found by clear and convincing evidence that Barton “acted with gross negligence by not logging into Examsoft after she received her password, by using her laptop computer to access a Remedies outline at 9:22 a.m., and then by performing internet searches at 10:33 am. and 11:44 a.m., all the while the hard copy of the exam was in front of her.” The final exam was a closed book examination. Barton testified, among other things, that: (1) “the browsers opened when [Barton] opened her computer”; (2) “[Barton] did not recognize the Remedies outline and did not use it”; and (3) “the browser reopened with [Barton’s] searches from the night before.” The Honor Court did not find this testimony credible.

Degree denial imposed

The Honor Court found that Barton’s “actions demonstrate[d] either an inability or an unwillingness to meet the ethical standards of the legal profession.”

The student filed suit in addition to internal appeals

Separately, Barton sued the Board of Regents of the University of Idaho and Idaho State Board of Education (collectively “University”). Barton’s complaint claimed nine causes of action, to wit: (1) breach of express contract; (2) breach of implied contract; (3) breach of implied covenant of good faith and fair dealing; (4) unjust enrichment; (5) promissory estoppel; (6) specific performance; (7) negligence; (8) defamation per se; and (9) defamation. Each of these claims stemmed from the College of Law’s decision to allow Barton “to reregister for classes after two honor [c]ode violations had been discovered,” and its decision to deny Barton a law degree.

The court here found summary judgment was properly granted.

Fees

This appeal was also pursued despite Barton’s own acknowledgment that she committed academic misconduct and stipulated to dismiss the appeal denying her petition for judicial review in that regard. As a result, we conclude that Barton’s appeal was pursued frivolously, unreasonably, and without foundation. Accordingly, we award the University attorney fees pursuant to section 12-121.

(Mike Frisch)