Univ. of Mich. is dropping appeal of $1.7M verdict for ex-student, says it will settle case

By Ed White, AP
Friday, October 30, 2009

Univ. of Mich. will settle case with ex-student

DETROIT — The University of Michigan has dropped an appeal of a $1.7 million verdict and agreed to settle a lawsuit with a former dental student who convinced a jury that she was illegally kicked out of school.

In a court filing this week, lawyers for Alissa Zwick and four faculty members said they’ve made a deal. They’re asking a federal judge in Detroit to erase the verdict from last year’s trial.

No details of a settlement have been filed. The 6th U.S. Circuit Court of Appeals encourages mediation as a possible way to close civil cases on appeal.

Under terms of the deal, “I am only allowed to say the case has been resolved,” Zwick’s lawyer, Deborah Gordon, said Friday.

A message seeking comment was left with the university.

A jury found Zwick’s due-process rights were violated when she was dismissed in 2005 after her third year. She had a B average but was told she wasn’t performing well in clinical classes.

Zwick, however, claimed she was a victim of a feud between the dental school’s chief academic officer, Dr. Marilyn Lantz, and other faculty members over ways to accommodate her attention-deficit disorder during exams.

Two professors were forced out, stirring controversy, and Lantz tried to deflect responsibility for their departure onto Zwick, according to her lawsuit.

At the time of the verdict, the university denied wrongdoing and said it must “exercise careful and deliberate judgment” over who can attend its professional schools.

Zwick gave up dentistry and enrolled in a master’s program in speech pathology at Eastern Michigan University.

“She’s an incredibly bright person and is successful in her new career path,” Gordon said.

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