Jenkins v. Newman Memorial County Hospital

The opinion of the court was delivered by The present appeal stems from a complaint of discrimination
filed with the Kansas Commission on Civil Rights (the commission)
under K.S.A. 1972 Supp. 44-1005. Beverly Andrews Jenkins (the
complainant) was a student nurse in a school of nursing being
operated by The Newman Memorial County [212 Kan. 93]
Hospital (the hospital) at Emporia, Kansas. She was terminated
for academic reasons. The complainant charged she was denied
readmission to the school by reason of her race. The matter was
heard by the commission, discrimination was found and on March
20, 1971, the commission directed the hospital to readmit
complainant as a student nurse. The hospital, without requesting
a rehearing before the commission, as provided in K.S.A. 44-1010,
filed an appeal in the District Court of Lyon County for judicial
review under the provisions of K.S.A. 1972 Supp. 44-1011. The
complainant and the commission joined in a motion to dismiss the
appeal filed in the district court on the ground the court lacked
jurisdiction over the subject matter because the hospital had
failed to exhaust its administrative remedies by neglecting to
file a motion for rehearing. The appeal was dismissed by the
district court and the present appeal followed.