Academic and disciplinary dismissal in dental education: the legal basis

The courts have traditionally granted universities absolute discretion in determining whether a student has met the academic requirements of the institution and have not interfered in dismissals unless there was a clear indication that the action was arbitrary, capricious, or in bad faith. Recent court cases are cited that indicate that the courts are now beginning to require that students be informed of academic (including clinical) deficiencies and be provided the opportunity to correct the problem. When the dismissal is for disciplinary rather than academic reasons, more procedural due process is required. Although a formal judicial hearing is unnecessary, the dental administrator should be given an opportunity to hear both sides of the issue in considerable detail and the student should be given the essential elements of procedural due process of law.