Dates incident allegedly occurred: September 12 THRU September 16, 1988

Date of official medical school "dismissal": June 25, 1990

Date University first notified me of this charge: February 8, 1991



University records confirm Judy DeMers did not converse with me during this period. Nevertheless, Associate Dean Judy DeMers lied to University committees and ultimately the Court by creating and utilizing the following false statement to obtain my medical school dismissal.



9-12 - 9-16-88 (Week 6).On Monday, 9/12, a medical student reported to me that he had spoken with Vivian in an apartment building parking lot at 3:00 a.m. the preceding Saturday (9/10/88). She stated she was very ill, might be hospitalized, and couldn't take the exams on 9/12/88. I called Vivian. She stated she had been taking Compazine since Saturday, 9/10/88 and felt "drugged". She did not take the Biochemistry exam (AM 9/12) and will not take the Histology exam (afternoon 9/12/88). I asked her to talk with her physician regarding prognosis and ability to handle medical school. I spoke with Vivian again at 11:00 p.m. that night. She described her problem as "a little bit mono and a little bit anxiety; but it is really burnout". I told her I viewed her problem as "a crippling level of anxiety" and again encouraged treatment. On Tuesday (9/13/88) Vivian made arrangements to make up the Biochemistry exam on Monday, 9/19. The Histology exam was delayed until she could make up the laboratory work (with the assistance of staff) and after the Biochemistry exam was completed.



Accompanying University records reveal DeMers concocted this prevarication long after dismissal.

Chronological student record entries



1. University records do not document any conversations with Judy DeMers during this period.

2. Obviously, an individual taking compazine for nausea should not take academic examinations requiring alertness.

3. Moreover, a one-time compazine prescription to combat nausea should not invoke a question pertaining to my ability to handle medical school because other students have taken compazine without this type of concern. Obviously, this concern originated from the DK Kohler letter located in my supposedly confidential medical record.

4. The Histology Course Director elected to schedule the Histology examination subsequent to the completion of the Biochemistry examination.



Appendix contains applicable regulations disregarded by the University of North Dakota.


Citing sovereign immunity, the University of North Dakota refuses to comply with regulations guaranteeing me the opportunity to respond to this factually incorrect allegation contrived months after my dismissal!



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