University of North Dakota administrators, Judy L. DeMers and Thomas Akers, inaccurately reported academic data to University committees deciding my future, and ultimately to the United States District Court, to procure my medical school dismissal.

1. FALSIFIED BIOCHEMISTRY GRADE-I achieved a score of 85.1% on a Biochemistry examination. The University of North Dakota reported the Biochemistry examination grade as an 81.5% to the committees deciding my future and class ranked me accordingly. I repeatedly attempted to correct this erroneously reported grade. Months after my dismissal, the University finally acknowledged the mistake, however, this error remains in my student record!  Evidence-letter from the University of North Dakota

2. ANOTHER MISLEADING CLAIM-The University claimed I did not take "either the Biostat exam or complete BLS certification exam/practice." FACT: Postponement of the two original examinations transpired because I contracted mononucleosis and was too ill to attend school. Before the scheduled make-up examination date, Judy DeMers placed me on a leave of absence. The University’s charge is misleading because I cannot take a student’s scholastic examination when I am not a student. Evidence-letter from the University of North Dakota

3. UNIVERSITY NEGLECTS TO REPORT A GRADE OF 81.9% TO THE COMMITTEES DECIDING MY FUTURE-I received a grade of 81.9% in Histology (Microscopic Anatomy). Naturally, the University neglected to report this grade to the committees deciding my fate. Eventually, months after my dismissal, the University conceded I did receive this grade, however they did not make any effort to correct my student record. Evidence-letter from the University of North Dakota


4. UNIVERSITY CLAIMS I DID NOT TAKE AN EXAMINATION THAT I TOOK ON TIME AND PASSED WITH A 77%-I took a human relations examination on time and passed it receiving a score of 77%. The University reported I had not taken this examination to the committees deciding my future. I verified my passing grade with the professor teaching this course because the University adamantly refused to answer inquires into this matter claiming sovereign immunity. Moreover, once I obtained verification of my actual grade, the University refused to correct my student record! A score of 77% is vastly better than a score of 0!

Evidence-letter from the University of North Dakota professor responsible for that class

5. FALSIFIED PHYSIOLOGY GRADE UTILIZED TO PROCURE MY DISMISSAL-The University claimed I received a grade of 41% on a physiology examination. The University claimed such a low grade indicated I was unqualified to remain in medical school. I obtained a copy of the examination in question. I received a score of 77% on this examination, not a 41%! However, because of improper addition, the examination grade should be 83%. Moreover, because the University incorrectly graded some examination responses the actual examination score is 87%! Evidence-graded physiology examination

6. THE UNIVERSITY ASSIGNED ME ANOTHER INDIVIDUALS GRADE FOR AN ANATOMY EXAMINATION! In at least one instance, the University assigned me someone else’s grade. That’s right-the writing on the examination in question is clearly not my writing! Because the University refused to allow me to review my Spring 1990 examinations, I do not know if this type of scholastic mix-up occurred throughout the semester or if it was an isolated incident. When I appealed the University’s actions, they invoked sovereign immunity. Whose test is this?

7. THE UNIVERSITY REFUSED TO ALLOW ME TO REVIEW MY EXAMINATIONS-The University refused to allow me to review my spring 1990 examinations. The University allowed all other medical students an opportunity to see their examinations. When I requested to view my examinations, the University summoned an attorney who stated the University of North Dakota would invoke sovereign immunity. I never did see all my examinations.

8. THE UNIVERSITY REFUSED TO ANSWER INQUIRES PERTAINING TO MY ACADEMIC PERFORMANCE-The University received correspondence specifically related to my scholastic performance. I sent these letters via certified mail. However, the University refused to answer these inquires invoking sovereign immunity.

SINCE 1990, I HAVE REPEATEDLY ASKED THE UNIVERSITY TO CORRECT THE MISINFORMATION CONTAINED IN MY UNIVERSITY RECORDS. Under the auspices of sovereign immunity, the University refuses to correct my scholastic record. The University’s refusal to comply with regulations allowing me the opportunity to challenge the accuracy of the entries recorded in my student record constitutes a regulatory violation!


My actual scholastic achievements clearly contradict the University’s erroneous claims.

1. Primary Care-This course graded on a satisfactory or unsatisfactory basis only includes Bioethics, Biostatistics and Life Support. I received a satisfactory grade in this course. (I received 98% on the Life Support portion of this course.)

2. Topics in Patient Care (also called focal problems)--Grading in this course is satisfactory or unsatisfactory only. I received a grade of satisfactory.

3. Human Relations-Examination grades: 77% (despite mononucleosis), 87%, and 80%.

4. Embryology-Grades after my notes disappeared before the examination: 65.5%, and 74.5%.

5. Histology and Cell Biology-Examination grades 73.5%, (despite mononucleosis), 81.9%, 75.6%, 71.5%, 89%.

6. Biochemistry-Examination scores: 85.1%, 75.0%, 87.0%, 82.0%, 75.0%, 75.2%, 88.44%, 81.4%.

7. Physiology-Thomas Akers graded this examination improperly. The actual examination grade will range among 83-87%.

8. Anatomy-The University utilized another individuals’ examination in evaluating my understanding of anatomy. My grade appears to be approximately in the 85-92% range.

Note: I did not request numerous examination delays as purported by the University as evidenced by the absence of the appropriate notations in my University files.

MANIPULATION OF CLASS RANK-In conjunction with misrepresenting my scholastic achievements, University administrators manipulated the class rankings of the entire medical school class. Manipulation of class rank is a serious matter because class ranking serves a variety of purposes including assisting students in obtaining financial assistance and competitive residencies.

NOTE: The University alleged I failed anatomy, physiology, neuroscience and human behavior. This assessment is inaccurate however, because University officials permitted my laboratory partners Gayle Ellner and Steve Johnson (same individual involved in the bogus cheating allegation scam) to enjoin my participation. Consequently, I never enjoyed full class participation although the University accepted full tuition payment.

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