ORDER DENYING PETITION FOR REHEARING EN BANC
The petition for rehearing en banc is denied by a vote of 5 to 3. Chief Judge GIBSON, joined by Circuit Judges WEBSTER and HENLEY, would grant the rehearing en banc for the following reasons.
My main concern with this decision is that it impermissively injects the courts into the academic environment of colleges and professional schools to an unacceptable degree. Educational institutions are much more qualified...
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