Academic deference
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Academic deference is a legal doctrine in some states that encourages deference by courts (including juries) to educational institutions.
In a California case that rejected academic deference, the jury instruction on this doctrine was as follows (and overturned on appeal):
| “ | “ACADEMIC DEFERENCE,” asked: “Do you find that Dignity Health dba St. Mary Medical Center's termination of Dr. Khoiny's employment was arbitrary and capricious, not based on academic criteria, or motivated by bad faith or ill will, or motivated by retaliation or discriminatory reasons unrelated to academic performance?” If the jury answered “No,” it was directed to skip to the end of the 13-page special verdict form and sign it. The jury answered, “No.” | ” |
Khoiny v. Dignity Health, 76 Cal. App. 5th 390, 397, 291 Cal. Rptr. 3d 496, 501 (2022).