Dates incident allegedly occurred: September 26 THRU September 30, 1988

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

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



Judy DeMers summoned me to her office and presented the plan outlined below; naturally, I accepted this offer.



9/26 - 9/30/88 (Week 8). Dr. Braunagel called at Vivianís request on Monday, 9/26/88 regarding the Block exams scheduled for Monday and Tuesday, 10/3 and 10/4/88. He stated the mono is resolving, but Vivian still complains of being very tired. If she requests a postponement of the exams, we decided it would be within her capacity to take two on time and allow one to be postponed. On Monday, 9/26/88, at 12:30 p.m. she requested the postponement of all three exams. The above plan was presented. She stated she wanted to think about it. Later in the day she left a message on my machine stating she would fail all three exams. On Tuesday, 9/27/88, she called me at home. We discussed her excessive test anxiety and her great energy going into avoidance rather than studying. On Wednesday, 9/28/88, she asked for a postponement of the Histology exam until Thursday, 10/6. The request was granted.


QUESTION: Why is Associate Dean Judy DeMers utilizing this statement to obtain my medical school dismissal? She made the initial offer to postpone the examination.



  1. The applicable medical record excerpt reveals Dr. Braunagel mentioned nothing about any academic issues.
  2. Changing examination and semester start-up dates is not new to the University of North Dakota School of Medicine.



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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