Dental prof. sues 'U' for refusing to fail students By Hanna LoPatin Daily Staff Reporter Dental School associate Prof. L. Keith Yohn filed a lawsuit against the University last month after it refused to fail two sophomore dental students. Acting as his own attorney, Yohn filed claim in the U.S. District Court in Detroit and charged the University with the "deprivation of 'freedom of speech' and 'property' right to protect the 'health care interest' of the public and their children." Dental School Dean William Kotowicz, associate Dean Robert Fiegal and course directors Merle Jaarda and Kenneth Stoffers were also named as defendants in the lawsuit. The students in question failed a pre-clinic class during the 1999 winter term and failed a remedial class the following summer. Yohn said it is Dental School policy that students who fail these classes are dismissed from the program. Kotowicz proposed in September that the two students be allowed to repeat the course for a third time. The school's executive committee upheld this decision and created a course for the students to complete. Yohn, who has worked at the University for more than 36 years, said the course consisted of two tests, the first of which took place in October. He and three other professors were chosen to grade what Yohn referred to as "independent practical projects." "We knew the situation of the students," Yohn said. "So we tried not to be biased. After two-and-a-half hours we came to a unanimous decision that they had failed the project. The scores were so low there was no way they could pass the course." Yohn said that upon reporting this message to Fiegal, he and the three other professors received a belligerent e-mail from the associate dean informing them that the grades would be disregarded. In a new examination administered by co-defendants Jaarda and Stoffers - and, according to Yohn, not approved by the executive committee - the two students passed with C and C-plus grades. "The administration did not honor our grades," Yohn said. Yohn said he asked Kotowicz why the two students were receiving so many chances, adding that "he won't tell me why they're special." One of the students, said Yohn, is a daughter of a part-time faculty member at the University. "It smacks of nepotism," said Yohn. "But we'll have to let the court decide that." University spokesperson Julie Peterson would not comment on the specifics of the case but said, "We consider this lawsuit to be utterly without merit and we expect to win this case." Kotowicz said in a written statement, "The Michigan School of Dentistry is considered one of the top five in the nation. Our academic programs are rigorous and challenging and 95 percent of our students pass all of their board exams within six months of graduation." In his suit, Yohn is asking that the University recognize and report the original grades and provide a monetary compensation for emotional distress as a result of the e-mail. The other three faculty members who joined Yohn in failing the students have not joined him in the lawsuit. Yohn said he attributes this to the fact that the other professors are new to the school and could be afraid of losing their jobs. "Fear is the ally of administration," Yohn said. The University "counts on professors being afraid to lose their jobs. How many professors are going to sue the University?" Yohn has sued the University before. In 1989, he filed suit concerning tenure issues. The University settled the case in July 1998 and paid Yohn an undisclosed amount. This is not the first large lawsuit brought against the Dental School. In 1995, three black Dental School Instrument Technicians filed a suit claiming supervisor Linda Vachon fired them on grounds of discrimination. The 15th District Court ruled in favor of the plaintiffs in 1997. Originally on page 3A in the 1-5-2000 issue of the Daily.