Easley v. University of Texas

984 F. Supp. 2d 631, 2013 WL 5781166, 2013 U.S. Dist. LEXIS 153622
CourtDistrict Court, N.D. Texas
DecidedOctober 25, 2013
DocketNo. 4:13-CV-589-A
StatusPublished
Cited by4 cases

This text of 984 F. Supp. 2d 631 (Easley v. University of Texas) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Easley v. University of Texas, 984 F. Supp. 2d 631, 2013 WL 5781166, 2013 U.S. Dist. LEXIS 153622 (N.D. Tex. 2013).

Opinion

MEMORANDUM OPINION and ORDER

JOHN McBRYDE, District Judge.

Came on for consideration the motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, filed in the above-captioned action by defendant, University of Texas at Arlington, and a document titled “Motion for a Settlement Conference” filed by pro se plaintiff, Bryan Patrick Easley. Plaintiff filed a response to defendant’s motion; defendant filed a reply to plaintiffs response, as well as a response to the motion for settlement conference. Having considered all of the parties’ filings, plaintiffs complaint, and the applicable legal authorities, the court concludes that the motion to dismiss should be granted, and that the motion for settlement conference should be denied.

I.

Allegations of the Complaint

Plaintiff alleged the following in his complaint:

Plaintiff was enrolled as a student in defendant’s Master of Business Administration (“MBA”) program during the time period relevant here, approximately 2010-2011. Plaintiff read an online article dated April 9, 2010, that reported on defendant’s “dire financial situation” and noted that “hundreds of jobs were at risk.” Compl. at 2. Defendant’s faculty members were aware of these issues, and were also aware that “foreign students pay a premium tuition compared with students who are Texas residents.” Id. According to plaintiff, these factors caused defendant’s faculty members to allow him to enroll in only one class during the spring semester of 2011, which left open a seat in other classes for premium-paying foreign MBA students. Defendant’s faculty members were aware that plaintiff was a Texas resident and veteran, and that he was eligible for tuition exemption under the Hazelwood Act.

Dr. David Gray, one of plaintiffs professors and Associate Dean of the College of Business, stated during a management class in 2010 that “white males under the age of 40” (a category of which plaintiff is a member) were the only group against whom discrimination was lawful. Id. at 3. According to the complaint, this misunderstanding of the law represents defendant’s view and the view of its faculty.

In the fall of 2010, plaintiff enrolled in a management class taught by Dr. Susanna Khavul (“Khavul”). On the first night of class, during plaintiffs “personal introduction,” he informed Khavul and the class of the “precarious nature” of his grades and grade point average. Id. At that time, plaintiff also informed Khavul and the class that he had previously worked for INS/USCIS,1 and had served in the United States Army before returning to Texas in 1996 to pursue his education. During plaintiffs personal introduction, Khavul’s “verbal and facial responses ... clearly communicated an unfavorable opinion” of [634]*634plaintiffs employment with INS/USCIS. Id.

Although plaintiff maintained a 95 average during the semester, Khavul gave him an 83 for class participation and for his second project, which brought plaintiffs overall semester grade down to an 89. Plaintiff disagreed with the grades, inasmuch as he had completed another class and was able to devote more time to Khavul’s class after the first five weeks of the semester, and had resigned from employment with INS/USCIS so he could devote full time to his studies. Although plaintiff spoke with Khavul about his grade after the semester, she refused to change it from an 89 to a 90. Had Khavul given plaintiff a 90, it would have increased his grade point average to 3.0, he would have been in good standing academically, and he would have been permitted to carry a full class load during the spring 2011 semester.

According to the complaint, Khavul’s “surname is indicative of national origin from the central Asian region.” Id. Khavul’s decision to lower plaintiffs grade to an 89 “was influenced by her husband’s national origin and [plaintiffs] service with INS/USCIS,” and therefore was discrimination based on national origin. Id.

Dr. Rasheed (“Rasheed”), a professor of management and chair of that department, along with the department’s grade committee, dismissed plaintiffs grade appeal in an email dated December 1, 2011, that failed to address all the issues raised by plaintiff. Rasheed’s “national origin is of the central Asian region,” id. at 4, and his decision to dismiss plaintiffs grade appeal was influenced by plaintiffs national origin and his employment with INS/USCIS.

Dr. Himarios (“Himarios”), a professor and Dean of the College of Business, is of Greek national origin. Himarios dismissed plaintiffs grade appeal via letter dated January 9, 2012, but failed to address all the issues raised by plaintiff. In an online article dated January 31, 2012, Himarios discussed fundraising initiatives in his capacity as “executive director of the Center for Global Academic Initiatives.” Id. In the article, Himarios described as “profitable” efforts to promote defendant “around the world.” Id. Himarios was aware that foreign students paid much greater tuition than students who are Texas residents, and he also was aware that plaintiff was allowed to enroll in only one class, thus leaving other classes open for foreign students who would pay premium out-of-state tuition. Himarios’s decision to dismiss plaintiffs grade appeal was influenced by national origin and plaintiffs employment with INS/USCIS.

Dr. Cohen (“Cohen”), graduate school dean and Vice Provost for Academic Affairs, dismissed plaintiffs grade appeal via letter on May 15, 2012. An online article dated December 8, 2011, reported on a speech made by Cohen, wherein he stated that defendant had to “do more with less” and had to “do more and better with less.” Id. at 4. Cohen was aware that “foreign students” pay premium tuition as compared to students who are Texas residents. Id. Cohen was aware that plaintiff was allowed to enroll in only one class per semester, thus leaving open a seat in other classes for premium-paying foreign students. Cohen’s decision to dismiss plaintiffs grade appeal was influenced by national origin.

The complaint alleged that plaintiff has been “harmed in terms of time and money by the decisions of [defendant’s] faculty members influenced by/based on race, col- or, national origin, or sex.” Id. at 5. Following the fall 2010 semester, plaintiff has only been permitted to enroll in one class per semester, thus extending the time needed to complete his MBA, increasing the costs of attending graduate school, and [635]*635“delaying] the increased revenues associated with having an MBA.” Id.

Plaintiff alleged claims against defendant pursuant to Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d (“Title VI”), and Title IX of the Education Amendments of 1972 (“Title IX”). By way of relief sought, the complaint asked that the court: “reverse the decisions by [defendant’s] faculty members that were based on/influenced by race, col- or, national origin, or sex,” Compl. at 5; compel defendant to grant him the one point needed to raise his grade point average in Khavul’s class from an 89 to a 90; and, compel defendant to provide plaintiff a free copy of his transcript showing plaintiff is in good academic standing with defendant.

II.

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984 F. Supp. 2d 631, 2013 WL 5781166, 2013 U.S. Dist. LEXIS 153622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easley-v-university-of-texas-txnd-2013.