## Facts

- Gregory Johnson attended Lincoln Christian College (LCC), a private religious college, from 1976 to 1981 in a program preparing him to teach sacred music.
- Johnson alleged he completed all course requirements and paid all tuition, but LCC refused to award his diploma.
- LCC’s refusal was based on a rumor that Johnson “might be homosexual,” originating from another student’s report to the dean of students.
- LCC allegedly conditioned Johnson’s graduation on attending counseling with Kent Paris, and Johnson attended sessions because he believed he would otherwise not graduate.
- Johnson asserted he disclosed highly personal information during counseling believing the communications would remain confidential; he alleged he never consented to disclosure and Paris never warned him otherwise.
- Paris reported to the dean that Johnson “had not changed and was not progressing.”
- After the report, the dean notified Johnson that a hearing would be held in less than 24 hours to address the rumor, and that Johnson would be dismissed for homosexuality and the reason would be stamped on his transcript.
- Johnson withdrew from LCC to avoid dismissal, but LCC continued to deny him a degree.
- Johnson sued LCC and Paris, asserting multiple theories including contract-based claims and claims based on alleged wrongful disclosure of counseling information under Illinois confidentiality law.
- The trial court dismissed all counts for failure to state a claim, and Johnson appealed.

## Issues

1. Under Illinois pleading standards, whether Johnson alleged facts and reasonable inferences showing a possibility of recovery sufficient to survive dismissal.
2. Whether Johnson plausibly alleged a contractual or implied contractual obligation requiring LCC to confer a degree after he completed requirements and paid tuition, and that withholding the diploma based on an uninvestigated rumor could breach that obligation.
3. Whether Johnson plausibly alleged unlawful disclosure or breach of a duty of confidentiality arising from compelled counseling communications and their disclosure to LCC without consent.

## Decision

- The appellate court affirmed in part and reversed in part the dismissal, and remanded for further proceedings.
- The court held that, on a motion to dismiss, well-pleaded facts and reasonable inferences must be taken as true and pleadings are to be liberally construed.
- Some counts were properly dismissed as legally insufficient, but other counts stated claims that could entitle Johnson to relief if proved.
- Claims tied to specific alleged conduct—conditioning graduation on counseling, disclosing counseling information without consent, and denying the diploma based on the rumor—were sufficient to proceed past the pleading stage.

## Legal Principles

- On a motion to dismiss, courts must accept as true all well-pleaded facts and all reasonable inferences drawn from them.
- Illinois pleadings are sufficient if they reasonably inform the opposing party of the nature of the claim; pleadings are liberally construed to do substantial justice.
- A complaint should not be dismissed if alleged facts and reasonable inferences show a possibility of recovery, even if ultimate proof is uncertain.
- Allegations that a student completed program requirements and paid tuition may support an implied contractual claim that a school will not withhold a degree arbitrarily, subject to proof.
- Allegations of nonconsensual disclosure of counseling communications, coupled with alleged resulting harm, may state a claim under Illinois confidentiality duties, subject to proof and any statutory limitations.

## Conclusion

The court did not decide the merits of Johnson’s claims, but held that Illinois’ liberal pleading rules required reinstatement of certain contract-related and counseling-confidentiality claims because the complaint alleged specific facts and harms showing a possible entitlement to relief, while leaving other insufficiently pleaded counts dismissed.


Johnson v. Lincoln Christian Coll., 150 Ill. App. 3d 733, 501 N.E.2d 1380 (Ill. App. Ct. 4th Dist. 1986)