Grad loses in C+ lawsuit against Lehigh University

Lehigh spokesperson speaks about Megan Thode losing in C+ lawsuit against Lehigh University

A Northampton County judge on Thursday rejected the claims of a Lehigh University graduate suing over her C+ grade, a verdict that upheld the school's insistence that she earned the mark she got.

After four days of testimony in a civil trial that captured worldwide attention, Judge Emil Giordano decided that the Bethlehem university neither breached a contract with nor sexually discriminated against Megan Thode, whose lawsuit had sought $1.3 million in damages.

In reaching his conclusions, Giordano said that as a father, he would be unhappy if what happened to Thode at Lehigh had happened to one of his children.

But he said Thode nonetheless failed to prove her grade was based on anything other than "purely academic evaluation" and her professor's conclusion that she "was unprepared to move on to the next level" of her course.

Thode, the daughter of Lehigh finance professor Stephen Thode, was attending the university tuition-free in 2009 when she got the C+ in her master's fieldwork class. She needed a B or higher to take the next course, with her attorney, Richard J. Orloski, arguing that his client's dream of becoming a licensed professional counselor was unfairly scuttled as a result.

The legal fight pitted a university that maintained it must protect its academic standards against a graduate who claimed she was deprived of a career by faculty members with a grudge. It was a bruising battle under a spotlight that shone as far as Australia and the United Kingdom. Both sides lamented that the case had ended up in court.

The verdict upholds that "the university faculty have the responsibility to fairly evaluate the work of their students, and that academic rigor should not be compromised," said Gary Sasso, dean of Lehigh's College of Education.

"We feel very badly for Megan Thode," Sasso said. "We hope that in the future she goes forward and does good things. We remain open to conversations with her about her readmission into that program, into our program, and into that class."

Sasso added: "Nobody really won in this case. We felt like it shouldn't have gotten this far, but it did."

Orloski called the result disappointing, while expressing doubt that Thode will pursue an appeal. Like university officials, he said it was a case that shouldn't have wound up in a courtroom ? though he charged Lehigh brought that about by rejecting his requests to put the dispute before an arbiter.

Orloski said he knew the lawsuit was "an uphill battle" with "little old us against Lehigh."

"Is it worth it to try, and lose?" Orloski asked. "Of course. It keeps the system honest, even by losing."

Thode, 27, of Nazareth appeared to fight tears as she sat near Orloski while he spoke. The lawyer said his client was always more optimistic than he was, having "greater faith in my talents than I did."

"It has been a very difficult 31/2 years for Megan," Stephen Thode said, "and Rick has been marvelous, not only in his official capacity as counsel, but also as someone who Megan saw as understanding of her situation, beyond the legal aspects of it."

At trial, Lehigh lawyers Neil Hamburg and Michael Sacks argued that Thode was simply not academically and emotionally ready to move on to her next fieldwork course. They said she showed unprofessional behavior that included outbursts and swearing in class.

After getting the grade, Thode unsuccessfully filed internal grievances, showed up for meetings with her father, and insisted that her teacher, Amanda Carr, give her a written apology and a "plan for compensating me financially," Lehigh said.

Orloski argued Thode would have received a better grade but for the zero in classroom participation that Carr awarded her. He charged that Carr and Nicholas Ladany ? then director of the degree program ? conspired to hold Thode back because they were unhappy she'd complained after she and three other students were forced to find a supplemental internship partway through the semester.

Orloski also alleged that Carr was biased against Thode because Thode advocated for gay and lesbian rights ? a claim Lehigh's attorneys dismissed as baseless because Carr has a close family member who is a lesbian, and has counseled gay and lesbian people.

Thode ended up graduating from Lehigh with a master's degree in human development and now works as a drug-and-alcohol counselor. The $1.3 million she was seeking represented the difference in her earning power over her career if she had a professional license, according to Orloski.

On Thursday during closing arguments, however, Orloski insisted that the case was never about money. He said Thode would be happy if she was awarded just $1 but got her grade upped to a B.

"My clients will be well satisfied by this, and this will be victory for them," Orloski had promised Giordano, "because this was never intended to be about $1.3 million."

Hamburg, the Lehigh attorney, told Giordano that the courts have long deferred to academic institutions to determine what grades they should award. Hamburg said Thode earned her C+ by showing an inability to self-reflect and take and respond to criticism, which he argued that she proved by pursuing the litigation.

"It is horrible, and we at Lehigh feel horrible that Ms. Thode chose to bring this lawsuit, to subject herself and Lehigh University to the horror of having a court sit to decide her grievances," Hamburg said. "It's tragic."

riley.yates@mcall.com

610-253-5751

Source: http://www.mcall.com/news/local/mc-lehigh-university-student-sues-over-grade-c-20130214,0,3075382.story?track=rss

manu ginobili sports illustrated swimsuit 2012 aretha franklin whitney houston paul williams paul babeu kevin costner budweiser shootout