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April 18, 1986

Ewing vs Michigan

Author Affiliations

Hopkins & Sutter Chicago

JAMA. 1986;255(15):2028. doi:10.1001/jama.1986.03370150070029

To the Editor.—  I am writing to correct certain information in the article entitled "Academic Dismissal: Due Process: Part II" by Henry R. Arkin, JD,1 in which Scott E. Ewing's case against the Regents of the University of Michigan is discussed.At the time the article appeared, the university had appealed the case to the US Supreme Court. On Dec 12, 1985, the Supreme Court reversed the unanimous opinion of the US Court of Appeals for the Sixth Circuit and held that the university had not acted arbitrarily in dismissing Mr Ewing after he failed the National Board of Medical Examiners examination part I on his first attempt. Nonetheless, the Supreme Court did acknowledge that "other students with even more academic deficiencies were uniformly allowed to retake the test" and that "Ewing is the only student who, having failed the test, was not permitted to retake it." The court