Due Process And Regulatory Compliance-A Joke At The University Of North Dakota

University committee members knowingly violated regulations by voting to force me to fail, agreeing to the outcome of at least two hearing before the actual hearings transpired, and refusing to provide substantive due process!

University Condoned Harassment Forces Me To Seek A Leave Of Absence. I sought a leave of absence from the University of North Dakota to salvage my career subsequent to falling victim to the intense harassment described in section entitled the University of North Dakota Condones Harassment. One University committee member acknowledged the University subjected me to a very stressful situation.    

On April 9, 1990, University committee members decided to deny my request for a leave of absence, however, the University officially held the hearing pertaining to the requested leave of absence on April 12, 1990!

The committee Chairman responsible for student continuance in medical school stated:

Dean James received a letter dated 4-30-90 on 5-4-90 in which Vivian Nelson stated "I am requesting to be withdrawn from my Spring 1990 classes. ...as I also stated this is not a withdrawal from medical school or UNDSM". She was advised by letter 5-11-90 that there is no mechanism to withdraw from classes without concurrent withdrawal from UNDSM except by leave of absence which in her case had been denied 4-9-90.

Besides deciding the outcome of the hearing before it transpired, University committee members voted on April 12, 1990, "to effectively end my medical career" and "force me to fail"--a decision inspired by Judy DeMers! (Note: Tape recorded deliberations of the "hearing" pertaining to my leave request of absence on April 12, 1990, reveal University committee members felt I needed a leave of absence!)

Moreover, in an attempt to deceive the public and give an illusion of fairness and due process the University held a 'dog and pony show' dismissal hearing on June 25, 1990. Of course, they already dismissed me on April 12, 1990, and notified North Dakota lending institutions accordingly shortly thereafter!


Other Examples of The University Of North Dakota's Non-existent Due Process

Naturally, I appealed the University's decision to impose probation for academic dishonesty pertaining to an examination I did not take nor was I scheduled to take. Meanwhile, the University dismissed me, and Judy DeMers ordered I vacate the campus within 72 hours. Consequently, I traveled to the Caribbean after this de facto dismissal partly for vacation and partly to investigate aviation employment opportunities in the region. The University's interpretation of these events follows.

May 2, 1990-Phone message came into the office saying that Vivian Nelson would be unable to attend the hearing because a neighbor felt sorry for her and was sending her to the Caribbean. She may attend by phone.

The University advised me to attend my hearing by telephone. The telephone record presented below reveals I attempted to gain access to the hearing. However, the University refused to allow me into the hearing utilizing the telephone number they instructed me to employ. The individual staffing the telephone advised me to call a second number. The individual operating that telephone number also refused to allow me to speak at my hearing. Accordingly, I telephoned the Dean's office. They informed me the University had already dismissed me and did not intend to allow me to speak at any hearing!

Another Due Process Infraction-DeMers Cites Grade Appeal As Reason To End My Medical Career!

FACT: The University of North Dakota School of Medicine has an appeal mechanism for disputing a grade. Subsequent to the theft of my embryology notes, I felt it appropriate and reasonable to appeal the unsatisfactory grade and request to retake the pertinent academic examination. Obviously, University administrator Judy DeMers disliked my decision to appeal because she cited my grade appeal as a reason in materials utilized to terminate my medical career!


Judy DeMers’ Statements:

12-23-89. Vivian called me at home (Saturday). She was in Wyoming. She asked about the Embryology course and I informed her she had failed (70.0%). She began to insert that she should be allowed to repeat the first course exam due to her stolen notes. I told her that it was my recollection that she had noticed the notes missing on Wednesday, 11/22, just prior to Thanksgiving vacation. The exam was scheduled for 11/30; she was able to borrow notes from classmates; and she had not requested extra preparation time.

12-26-89. A letter dated 12/23/89 was received stating, "I am unable to accept a failing grade in Developmental Anatomy." I forwarded copies to the course director, Chairman of the SPRC, and Associate Dean for Basic Sciences and informed Vivian, via letter, of the available grievance process.

1-5-90. Vivian Nelson is placed on academic probation for failing Developmental Anatomy.

1-8-90. I read a letter received on 1-2-90 and dated 12-26-89. It stated that Vivian wants to graduate with her original class (1992); Dr. John Oberpriller was unfair both in 1988 and 1989. Dr. John Oberpriller also notified her by letter that she would not be allowed to repeat the initial Developmental Anatomy exam.

1-16-90. The Chairman of the Anatomy Department upheld the decision not to re-test.

2-8-90. SPRC denies the grievance regarding Developmental Anatomy.

Furthermore, University committees utilized Judy DeMers’ false allegations to obtain my medical school dismissal without any hearing, or notification of Judy DeMers' allegations or providing me the opportunity to respond to these allegations.

See section entitled University Of North Dakota Officials Falsify Student Records