Gregory Johnson was a student at Lincoln Christian College (LCC) from September 1976 to March 1981. He was enrolled in a five-year program to prepare him for a career teaching sacred music. Johnson has completed all of his course requirements and fully paid his tuition for each year; however, LCC has repeatedly refused to grant Johnson his diploma based on a charge that Johnson might be homosexual which arose during Johnson's last semester at LCC when, Linda Heppner, another student told Thomas Ewald, LCC's dean of students, that Johnson might be homosexual. Based on those accusations, LCC through Heppner told Johnson that he would only graduate if he sought counseling from Kent Paris. Relying upon the assurance of graduation and afraid that …show more content…
Johnson never consented to the disclosure of any information about his counseling sessions, and Paris never in any way contradicted Johnson's believe in confidentiality; however, Paris reported to Ewald that Johnson had not changed and was not progressing.
Ewald informed plaintiff that LCC would hold a hearing within 24 hours at which Johnson would be required to defend himself. Johnson was told that he would be dismissed from LCC because of his alleged homosexuality and that this would be stamped across his transcript. Johnson withdrew from LCC afraid that the accusation of homosexuality on his transcript would destroy his career. LCC held the hearing despite Johnson's absence and Ewald called Johnson's mother and told her that LCC was dismissing Johnson because he was homosexual.
Legal
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Johnson's suit against Paris and LCC is based on several theories. With respect to LCC, plaintiff alleges that LCC breached its college-student contract with plaintiff by arbitrarily and in bad faith denying him his diploma, LCC tortuously interfered with plaintiff's contract with Paris, LCC misused the confidential information that Paris divulged thereby violating the Mental Health and Developmental Disabilities Confidentiality Act (Ill. Rev. Stat. 1985, ch. 91 1/2, par. 801 et seq.), LCC invaded plaintiff's privacy by publicly accusing him of homosexuality. With respect to Paris, plaintiff alleges that Paris breached a contract with Johnson and violated the Mental Health and Developmental Disabilities Confidentiality Act (Ill. Rev. Stat. 1985, ch. 91 1/2, par. 801 et seq.) by disclosing information about his counseling sessions with plaintiff, Paris' disclosure of the confidential information tortiously interfered with plaintiff's college-student contract with LCC, Paris invaded plaintiff's privacy by disclosing confidential information.
Issues and Answers:
Is it lawful to deny someone a diploma because of their sexual orientations? No
Did Kent violate the law by divulging his secret conversations with Johnson? Yes
Did LCC act lawfully by forcing Johnson to take part in counseling? Yes