What is the legal test for overturning a university's decision to deny a student's application for a degree?

California, United States of America


The following excerpt is from Perez v. Hastings College, 45 Cal.App.4th 453, 53 Cal.Rptr.2d 1 (Cal. App. 1996):

In reviewing a similar issue we recently announced the guidelines for our decision in Banks v. Dominican College (1995) 35 Cal.App.4th 1545, 1551, 42 Cal.Rptr.2d 110: "It is well settled that in actions challenging the academic decision of a ... university regarding a student's qualifications for a degree, we exercise a highly deferential and limited standard of review. 'There is a widely accepted rule of judicial nonintervention into the academic affairs of schools.' [Citation.] We may only overturn the university's decision if we find it to be arbitrary and capricious, not based upon academic criteria, and the result of irrelevant or discriminatory factors. [Citations.] We must uphold the university's decision 'unless it is such a substantial departure from accepted academic norms as to demonstrate that the person or committee responsible did not actually exercise professional judgment.' [Citation.]"

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