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HEARN v. UNITED STATES (2021)

United States Court of Appeals, Second Circuit.2021-02-02No. 20-1356

Summary

Holding. The court affirmed the district court's grant of summary judgment for the Academy, concluding that the disenrollment decision was rational, careful and deliberate, consistent with accepted academic norms, and supported by the administrative record, and that the procedural safeguards provided satisfied constitutional requirements.

John Hearn appealed the dismissal of his claims against the U.S. Merchant Marine Academy under the Administrative Procedure Act and the Fifth Amendment's Due Process Clause. The district court granted summary judgment in favor of the Academy after Hearn was disenrolled for failing six courses—including one course twice—and violating the terms of his academic probation on multiple occasions. The Academy had previously given him two separate opportunities to improve his academic standing before pursuing disenrollment.

Hearn challenged the disenrollment on procedural and substantive due process grounds, and also argued the Academy failed to provide rational support for its decision as required by the APA. He contended the disenrollment was disciplinary in nature and therefore required additional procedural protections. The appellate court examined whether the Academy provided adequate notice, whether its decision was careful and deliberate, whether it departed from accepted academic standards, and whether the administrative record rationally supported the Academy's choice.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether the Academy provided adequate procedural due process before disenrolling a student
  • Whether the Academy's disenrollment decision constituted a substantial departure from accepted academic norms
  • Whether the administrative record provided rational support for the Academy's disenrollment decision under the APA
  • Whether the disenrollment was disciplinary rather than academic in nature

Procedural posture

Hearn appealed the district court's grant of summary judgment dismissing his APA and due process claims and denial of his cross-motion for summary judgment.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

SUMMARY ORDER

Plaintiff-Appellant John B. Hearn appeals from the district courts grant of Defendants’ motion for summary judgment and denial of Hearns cross-motion for summary judgment, dismissing Hearns claims under the Administrative Procedure Act, 5 U.S.C. § 701 et seq. (the “APA”), and the Due Process Clause of the Fifth Amendment. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

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We review the district courts grant of summary judgment de novo. Darnell v. Pineiro, 849 F.3d 17, 22 (2d Cir. 2017). On Hearns procedural due process claim, we examine whether “the school has ‘fully informed [Hearn] of the facultys dissatisfaction with [his] progress and the danger that this posed to timely graduation and continued enrollment,’ ” and whether the U.S. Merchant Marine Academys “ultimate decision to dismiss [him] was careful and deliberate.” Dean v. Univ. at Buffalo Sch. of Med. & Biomedical Scis., 804 F.3d 178, 191 (2d Cir. 2015) (quoting Bd. of Curators of Univ. of Mo. v. Horowitz, 435 U.S. 78, 85, 98 S.Ct. 948, 55 L.Ed.2d 124 (1978)). On his substantive due process claim we look to whether there was “a substantial departure from accepted academic norms as to demonstrate that the person or committee responsible did not actually exercise professional judgment.” Regents of Univ. of Mich. v. Ewing, 474 U.S. 214, 225, 106 S.Ct. 507, 88 L.Ed.2d 523 (1985). And finally, we determine whether, as required by the APA, “[t]here [was] sufficient evidence in the record to provide rational support for the choice made by the [Academy].” Const. Pipeline Co., LLC v. N.Y. State Dept of Envtl. Conservation, 868 F.3d 87, 102 (2d Cir. 2017) (internal quotation marks omitted). For Hearns APA claim in particular, our review is limited, as the district court correctly asserted, to “whether the administrative record adequately supports the Academys decision, not whether it was proper in light of all the evidence unearthed during discovery.” Appx 1644–45 (citing Brodsky v. U.S. Nuclear Regulatory Commn, 704 F.3d 113, 119 (2d Cir. 2013)).

On independent review of the record and relevant case law, we can find no error in the district courts conclusions on any of Hearns claims. The Academy disenrolled Hearn after he failed six courses, including the same course twice, as reflected in Hearns official transcript, and after four separate referrals to the schools Academic Review Board (“ARB”). The Academy had more than generously granted him two prior opportunities to get his grades on track through a prior period of academic probation and then probationary setback, but Hearn continued to violate the terms of his probation agreements, which required that he not fail any additional course. Hearn was also afforded the opportunity to appeal the recommendation of the ARB in a hearing with the Dean of Students (Mikel Stroud), the Academic Dean (Preston DeJean), and the Superintendent (James Helis), which was conducted in accordance with the Academys Academic Policies Handbook. Finally, Hearn argues that he was entitled to more elaborate process because his disenrollment was disciplinary rather than academic. Hearn had a previous disciplinary incident for which he was sanctioned short of disenrollment after a process that he does not challenge. While that prior disciplinary action was mentioned during his disenrollment proceeding, the Academy has the discretion to “consider[ ] and weigh[ ] a variety of factors” in its academic evaluation of Hearn. Horowitz, 435 U.S. at 91 n.6, 98 S.Ct. 948. Hearn offers no evidence that suggests that the disenrollment process, which the undisputed evidence shows was instituted for academic reasons, focused on academic matters, and resulted in Hearns disenrollment based on his multiple academic failures, was disciplinary rather than academic. On these facts, we conclude that the Academys decision to disenroll Hearn was rational, “careful and deliberate,” Dean, 804 F.3d at 191 (quoting Horowitz, 435 U.S. at 85, 98 S.Ct. 948), and within “accepted academic norms.” Ewing, 474 U.S. at 225, 106 S.Ct. 507. Moreover, any alleged factual dispute asserted by Hearn was fully considered and addressed by the court below. Our independent review of the record compels us to affirm for substantially the same reasons as those set forth in the district courts very thorough decision.

We have considered all of Hearns arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.