Carroll v. Cuyahoga Community College

2023 Ohio 3628, 226 N.E.3d 423
CourtOhio Court of Appeals
DecidedOctober 5, 2023
Docket112257
StatusPublished
Cited by3 cases

This text of 2023 Ohio 3628 (Carroll v. Cuyahoga Community College) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carroll v. Cuyahoga Community College, 2023 Ohio 3628, 226 N.E.3d 423 (Ohio Ct. App. 2023).

Opinion

[Cite as Carroll v. Cuyahoga Community College, 2023-Ohio-3628.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

ROY M. CARROLL :

Plaintiff-Appellee, : No. 112257 v. :

CUYAHOGA COMMUNITY COLLEGE, ET AL., :

Defendants-Appellants. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED IN PART; REVERSED IN PART; AND REMANDED RELEASED AND JOURNALIZED: October 5, 2023

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-21-947925

Appearances:

Stephen M. McGowan, for appellee.

David Yost, Ohio Attorney General, Holly E. LeClair Welch and Erin F. Kelly, Assistant Attorneys General, for appellants.

EMANUELLA D. GROVES, J.:

Defendants-appellants Cuyahoga Community College (“Tri-C”) and

its employees appeal the denial of their motion to dismiss plaintiff-appellee Roy Carroll’s (“Carroll”) complaint for failure to state a claim upon which relief can be

granted. For the reasons that follow we affirm in part, reverse in part, and remand.

Procedural History and Factual Background

In 2013, Carroll suffered an injury that impaired his ability to work.

He developed additional mental and physical issues subsequently, leading to

steadily declining health. In 2017, Carroll sought assistance from Ohioans with

Disabilities (“OWD”), which referred him to MetroHealth Hospital’s Vocational

Rehabilitation Program. After testing and evaluations, Metro and OWD

recommended that Carroll go back to school. Carroll then enrolled to take courses

for the fall semester at Tri-C. Carroll met with the student advisor for the Access

Department (the “advisor”), which provided support to students with disabilities.

As a result, Carroll received special accommodations to support his studies at Tri-C

as a student with disabilities. These accommodations were delineated in a letter (the

“Access letter”).

By 2019, Carroll had completed several classes and done very well at

college. He was on the dean’s list and invited to join a national honor’s society. In

July 2019, Carroll enrolled in a five-week condensed course at Tri-C titled “Religion

1010, Introduction to Religious Studies.” During the pendency of the course, Carroll

found that the professor was unwilling to abide by the terms of the Access letter.

Carroll attempted to address this issue with her and ultimately with the staff of the

Access Department. Per Carroll, he was eventually told that his rights had not been

violated. The professor did comply with the Access letter for the final

examination and provided Carroll’s disability accommodations. However, Carroll

received an overall grade of “C” for the class.

Carroll was concerned with the way the Access Department and the

professor acted and addressed his concerns with his advisor. Per Carroll, the advisor

discouraged him from proceeding with further action. Carroll and his advisor had

further discussions in which Carroll alleged the advisor described the professor as

difficult. He also offered to go over Carroll’s course list and point out professors who

were unlikely to honor the Access letter.

On August 6, 2019, Carroll received a letter from the Student Affairs

Department. The letter asked Carroll to meet with that department and noted that

failure to do so might lead to the university banning Carroll from enrolling in classes.

Carroll did not attach a copy of the letter to his complaint. Carroll reached out to

that department and the Access Department for more information. Per Carroll, he

was told the letter and meeting were intended to assess how Carroll was doing at the

school and if he needed any assistance. Carroll later learned that the professor had

filed a complaint against him alleging “academic inconsistencies.”

After additional exchanges, Carroll obtained counsel and filed a

complaint with the Ohio Civil Rights Commission (“OCRC”) on October 2, 2019. On

May 21, 2020, Carrol was notified that Tri-C and OCRC entered into a “2-Party

Conciliation Agreement and Consent Order.” On May 25, 2021, Carroll filed a complaint in the trial court against

Tri-C, and its employees, including the professor, his advisor, other employees of

the Access Department, Student Affairs Department, and Tri-C’s representative

before the OCRC. His amended complaint, filed on August 12, 2021, alleged: (1)

disability discrimination in higher education (Count 1); (2) retaliation while engaged

in a protected activity (Count 2); (3) harassment while engaged in a protected

activity (Count 3); (4) intimidation while engaged in a protected activity (Count 4);

and (5) intentional infliction of emotional distress while engaged in a protected

activity (Count 5).

On September 3, 2021, Tri-C filed a motion to dismiss the amended

complaint pursuant to Civ.R. 12(B)(6) for failure to state a claim upon which relief

could be granted. Relevant to this appeal, Tri-C alleged that it and its employees

acting in their official capacities were immune from suit under R.C. Chapter 2744

for all claims.

Tri-C alleged that it was a political subdivision entitled to immunity.

Tri-C argued that Carroll’s complaint failed to mention R.C. Chapter 2744 or raise

allegations that would establish one of the exceptions to immunity in R.C.

2744.02(B)(1) through (5). Tri-C also alleged that it could not be found liable for the

intentional torts of intentional infliction of emotional distress and retaliation.

With respect to the individual employees who were subject to the

lawsuit, Tri-C alleged that they were sued in their official capacities, and not as individuals. As such, employees acting in their official capacity are the same as the

entity and, for the purposes of immunity analysis, entitled to the same immunity.

The trial court denied the motion, and Tri-C and its employees

appealed assigning the following error for our review.

Assignment of Error

The trial court erred in denying appellants’ motion to dismiss, thereby denying appellants their right to political subdivision immunity under R.C. 2744 against all of appellee’s claims.

Jurisdiction

Ordinarily the denial of a motion to dismiss would not be a final

appealable order. However, when a trial court order denies a political subdivision

or its employees the benefit of political subdivision immunity under R.C. Chapter

2744 that denial is a final appealable order. Gates v. Leonbruno, 2016-Ohio-5627,

70 N.E.3d 1110, ¶ 30 (8th Dist.); R.C. 2744.02(C). Accordingly, although the

appellants’ motion to dismiss addressed other issues, we confine our analysis to

determine whether the court erred in denying appellants’ political subdivision

immunity. Id.

Standard of Review – Denial of Motion to Dismiss Civ.R. 12(B)(6)

An appellate court reviews a ruling on a motion to dismiss pursuant

to Civ.R. 12(B)(6) under the de novo standard. NorthPoint Props. v. Petticord, 179

Ohio App.3d 342, 2008-Ohio-5996, 901 N.E.2d 869, ¶ 11 (8th Dist.). De novo

review requires this court to use the same standard as the trial court to determine

whether genuine issues exist for trial. Northeast Ohio Apt. Assn. v. Cuyahoga Cty. Bd. of Cty. Commrs., 121 Ohio App.3d 188, 192, 699 N.E.2d 534

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Bluebook (online)
2023 Ohio 3628, 226 N.E.3d 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-cuyahoga-community-college-ohioctapp-2023.