Student found guilty of cheating — and files lawsuit
A law student hit his school with a slew of charges including an emotional distress claim after he was suspended for cheating.
In the fall of 2007 officials at the University of Dayton Law School told student John Valente that another student had accused him of violating the schools honor code during final exams.
After an investigation and disciplinary hearing, the school concluded that Valente violated the code by receiving exam questions in advance from another student who had already taken it and by passing the questions along to another student. It suspended him for at least three semesters.
Valentes response: a lawsuit. He claimed the school breached a contract with him and caused him to suffer emotional distress. He also said the school acted negligently and fraudulently.
No way, said the court. Although Valente claimed in court that a dean told him it was OK to accept material from other students who had taken an exam, he did not make this claim during his disciplinary hearing. There were no grounds for a negligence claim, and the emotional distress claim failed because school officials did not engage in extreme and outrageous conduct.
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