Consolmagno v. Hospital of St. Raphael School of Nurse Anesthesia

72 F. Supp. 3d 367, 2014 U.S. Dist. LEXIS 174720, 125 Fair Empl. Prac. Cas. (BNA) 1046, 2014 WL 7270191
CourtDistrict Court, D. Connecticut
DecidedDecember 18, 2014
DocketCivil Action No. 3:11CV00109 (DJS)
StatusPublished
Cited by3 cases

This text of 72 F. Supp. 3d 367 (Consolmagno v. Hospital of St. Raphael School of Nurse Anesthesia) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolmagno v. Hospital of St. Raphael School of Nurse Anesthesia, 72 F. Supp. 3d 367, 2014 U.S. Dist. LEXIS 174720, 125 Fair Empl. Prac. Cas. (BNA) 1046, 2014 WL 7270191 (D. Conn. 2014).

Opinion

MEMORANDUM OF DECISION AND ORDER

DOMINIC J. SQUATRITO, District Judge.

The plaintiff, Margarite Consolmagno (“Consolmagno”), brings this action alleging unlawful employment discrimination practices by the defendants, the Hospital of St. Raphael School of Nurse Anesthesia (“St. Raphael’s School”), and Anesthesia Associates of New Haven, P.C. (“Anesthesia Associates”) (collectively “the School”). A third defendant, the Hospital of St. Raphael (“the Hospital”), was previously dismissed from this action by the Court (Dpr-sey, J.) pursuant to a motion to dismiss filed by the Hospital. Specifically, Consol-magno alleges employment discrimination on the basis of sex and illegal retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”), giving rise to a federal question and conferring jurisdiction upon this Court pursuant to 28 U.S.C. § 1331.

Now pending before the Court is the defendants’ motion for summary judgment, in which the defendants contend that they are entitled to summary judgment because Consolmagno was not their employee and is thus barred from recovering under Title VII as a matter of law. Alternatively, the defendants contend that they are entitled to summary judgment on the plaintiffs retaliation claim because Consolmagno was dismissed from St. Raphael’s School due to her sub-par academic performance and not in retaliation for reporting an inappropriate sexual advance by another staff member. Finally, the [371]*371defendants seek summary judgment with respect to the plaintiffs demand for lost future earnings, arguing that whether Consolmagno would have become an employed Certified Registered Nurse Anesthetist (“CRNA”) is unduly speculative.

For the reasons stated below, the defendants’ motion for summary judgment (doc.# 85) is GRANTED IN PART AND DENIED IN PART.

I. BACKGROUND

Consolmagno obtained a nursing degree in 1990 and a masters degree in nurse anesthesia in 1996. The combination of these two degrees and the successful completion of a clinical program qualified Con-solmagno to sit for the National Certification Exam (“the NCE”), the final step required to become a CRNA.1 Between 1997 and 2008 Consolmagno took and failed the NCE sixteen times.

In 2007 the governing body charged with administering the NCE, the National Board of Certification and Recertification for Nurse Anesthetists (“the National Board”), instituted a new policy that had the effect of precluding Consolmagno from retaking the NCE unless she completed a new nurse anesthesia educational program, including both academic and clinical components. Through her attorney, Consol-magno subsequently petitioned the National Board to allow her to retake the exam after repeating only the clinical portion of her training.

Dr. David Van Ess (“Van Ess”), Consol-magno’s former tutor, assisted her with the petition to the National Board. Van Ess was an anesthesiologist at Anesthesia Associates and a member of the faculty at St. Raphael’s School. In a letter dated February 28, 2009, Van Ess stated that St. Raphael’s School was “prepared to offer Ms. Consolmagno a full course of clinical retraining.” (Doc. # 93, at 69). After listing the various courses that St. Raphael’s School offered at the clinical level, Van Ess noted that “[cjomprehensive testing of the aforementioned material is given with a minimum passing grade of 78% in each subject.” (Id.).

On May 8, 2009, the National Board agreed to let Consolmagno retake the NCE once she had successfully completed the proposed plan of study at St. Raphael’s School, which omitted the pre-clinical period of study: “Should Ms. Consolmagno, within twenty-four (24) months after the date of this letter, successfully complete the planned program of study/education outlined in your letter ... she will be granted three (3) months in which she may sit for the NCE one (1) more time.” (Doc. # 87-6, at 51).

After the National Board’s approval of the plan, Consolmagno sought formal admission to St. Raphael’s School, which maintains an academic and clinical training program to train nurse anesthetists (“the Program”). St. Raphael’s School is owned and operated by Anesthesia Associates. St. Raphael’s School -permitted Consol-magno to enroll in the Program as a favor to Van Ess, who was attempting to assist Consolmagno in her effort to pass the NCE. At some point prior to Consolmag-no’s enrollment in the Program, Van Ess told her that “he didn’t think it was a good idea to ask for a stipend” or health insurance. (Doc. # 91, at 38:23-24, 39:2-4). At the time, St. Raphael’s School ordinarily provided each Program participant with health insurance and a stipend of $125 per week. St. Raphael’s School did not provide or offer health insurance or a stipend to Consolmagno. She was unaware that Program participants ordinarily received [372]*372health insurance and a stipend until after she enrolled in the Program and received a copy of the St. Raphael School Handbook which specified the policies of St. Raphael School in that regard.

Although Consolmagno did not go through the normal application procedures, her candidacy for admission to the Program was approved by Dr. Philip J. Noto (“Noto”), who was the President of Anesthesia Associates and the Medical Director of St. Raphael’s School. Her candidacy also was approved by Program Director Judy Thompson (“Thompson”) and Assistant Program Director Marianne Cosgrove (“Cosgrove”).

The question of Consolmagnos’s admission into the Program was addressed at a meeting of Anesthesia Associates held on February 10, 2009. The minutes from Anesthesia Associates’ February 10, 2009 corporate meeting include the following notation: “Van Ess works with a student (Margurite) [sic] to try and help her pass her boards — should we hire her with (a) 2 year contract and no sign on bonus or (b) 1 year contract with no pay as necessary requirement for board eligibility? *Noto will make decision.”2 (Doc. # 92, at 26.) Van Ess also sent Consolmagno an email on May 11, 2009, congratulating her on her admission to the Program and further stating that “[u]pon graduation, you will be offered employment by Anesthesia Associates of New Haven.” (Doc. # 92, at 70).

Consolmagno and her fellow Program participants began St. Raphael School’s clinical program in late May 2009. At that time Consolmagno knew St. Raphael’s School would not be providing her with a stipend or health insurance. On June 5, 2009, Consolmagno signed a series of acknowledgments indicating that she had read and understood the “Hospital of Saint Raphael, School of Nurse Anesthesia Student Handbook” (“the Student Handbook”), that she had read, understood, and accepted “the examination policy of the Hospital of St. Raphael, School of Nurse Anesthesia ... as the final decision regarding continuing in the program,” and had read and accepted “the clinical practicum policy of advancement and probation and dismissal of the Hospital of St. Raphael, School of Nurse Anesthesia.” (Doc. # 92, at 30, 32.) The Student Handbook contains information about benefits that Program participants receive, including information concerning the provision of a weekly stipend and health insurance.

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72 F. Supp. 3d 367, 2014 U.S. Dist. LEXIS 174720, 125 Fair Empl. Prac. Cas. (BNA) 1046, 2014 WL 7270191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolmagno-v-hospital-of-st-raphael-school-of-nurse-anesthesia-ctd-2014.