Gavin Class v. Towson University

806 F.3d 236, 2015 U.S. App. LEXIS 19772, 2015 WL 7074636
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 13, 2015
Docket15-1811
StatusPublished
Cited by25 cases

This text of 806 F.3d 236 (Gavin Class v. Towson University) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gavin Class v. Towson University, 806 F.3d 236, 2015 U.S. App. LEXIS 19772, 2015 WL 7074636 (4th Cir. 2015).

Opinions

Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KEENAN joined. Judge WYNN wrote an opinion concurring in part and dissenting in part.

NIEMEYER, Circuit Judge:

On August 12, 2013, as the temperature in Baltimore reached 91°F, Gavin Class, a Towson University student, collapsed with exertional heatstroke while practicing as a member of the Towson University football team. He was transported to the Shock Trauma Unit at the University of Mary[239]*239land Medical Center in Baltimore, where he remained in a coma for nine days and almost died. He suffered multi-organ failure, requiring a liver transplant and numerous additional surgeries.

Following a protracted recovery involving a high level of perseverance, Class returned to classes at Towson University in January 2014 and thereafter pursued his plan to return to NCAA Division I football. Applying its “Return-to-Play Policy,” however, Towson University refused to clear Class to play because the Team Physician, a board-certified sports medicine doctor, concluded that allowing Class to participate in the football program presented an unacceptable risk of serious reinjury or death. The Return-to-Play Policy gave Towson University’s Team Physician “final authority” over the issue.

Class commenced this action against Towson University, alleging that its decision to exclude him from the football program amounted to a violation of Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act. He alleged that his inability to regulate his body temperature and his susceptibility to heatstroke constituted a “disability,” as defined by those Acts, and that he was qualified to play intercollegiate football if Towson University agreed to his proposed accommodations. Following a one-day bench trial, the district court agreed with Class, concluding that Class’ proposed accommodations were reasonable and that Towson University had violated the ADA and the Rehabilitation Act. The court entered judgment against Towson University, issuing a permanent injunction prohibiting it from violating those Acts.

On appeal, Towson University contends that the district court erred in concluding (1) that Class was disabled as the term is defined by the Acts and (2) that Class was “otherwise qualified” for the football program with the accommodations he proposed. It also challenges several eviden-tiary rulings made by the district court during trial.

For the reasons given herein, we reverse the district court’s judgment, vacating its injunction. While we recognize that the question of whether Class had a disability, as defined by the Acts, is a close one, we nonetheless conclude that Class was not “otherwise qualified” to participate fully in Towson University’s football program because the University reasonably applied its Return-to-Play Policy. Giving deference to Towson University’s judgment, as we are required to do, we uphold its determination. In view of these conclusions, we do not reach Towson University’s challenge to the district court’s evidentiary rulings.

I

After Class played NCAA Division III football at the University of Rochester for two years, he transferred to Towson University to play Division I football. And, in early August 2013, Towson University’s football coach informed Class that he had won a starting position as an offensive guard. Two days later, however, on August 12, 2013, Class collapsed during drills from an exertional heatstroke and was taken to the Shock Trauma Unit at the University of Maryland Medical Center. Class’ heatstroke resulted in multi-organ failure, including liver failure, necessitating a liver transplant. According to Dr. William R. Hutson, Class’ treating physician, without the transplant, “there is no question that [Class] would have died.” Class was in a coma for nine days and endured more than a dozen other surgical procedures. He was hospitalized for nearly two months, receiving intensive medical care that included chemotherapy to treat post-transplant complications.

[240]*240Class still suffers from the effects of his medical trauma. As a result of the liver transplant, he has a weakened abdominal wall, which places his internal organs at risk of injury. He must take immunosup-pressive medications, which increase his risk of infection. And he is at a heightened risk of subsequent heatstroke. Class’ physicians have also cautioned that any future surgeries would be more complicated.

After leaving the hospital, Class began a lengthy and grueling recovery process. Initially unable to stand, he progressed over a six-month period from using a walker to beginning to run. In January 2014, he resumed classes as a student at Towson University and began training in pursuit of his hope of returning to playing football. While conditioning on his own, Class expressed his wish to rejoin the team for the 2015-16 football season. As with any student-athlete seeking to return to play from injury, Towson University’s athletic staff directed Class’ request to play to the Team Physician, Dr. Kari E. Kindschi.

Dr. Kindschi was the Medical Director of the Arnold Palmer SportsHealth Center for Sports Injuries at MedStar Union Memorial Hospital in Baltimore. Under a preexisting contract, Dr. Kindschi served as the Medical Director of Athletics at Towson University and the head Team Physician for the University’s 19 Division I teams, including its football team. Four other MedStar physicians were also engaged to provide services to Towson University’s student-athletes, and those physicians oversaw the three athletic trainers assigned to the football team. In the fall of 2014, Dr. Kindschi and the physicians on the MedStar medical review team, all of whom were board certified in sports medicine, unanimously concluded that Class could not safely participate fully in Towson University’s football program. They reached this conclusion after Dr. Kindschi conducted a physical examination of Class; reviewed his medical records and his medical history; reviewed the results of a heat tolerance test conducted on August 21, 2014; consulted. Class’ liver-transplant physicians; and reviewed medical literature. Dr. Kindschi did, however, clear Class to participate in “no contact conditioning in [a] cool environment.”

The August 2014 heat tolerance test was conducted by the Korey Stringer Institute, a center at the University of Connecticut that researches issues related to heatstroke and heat illness. The Institute was founded in the wake of the death of Korey Stringer, an All-Pro offensive lineman in the National Football League who died after suffering a heatstroke. The Institute conducted a “low intensity” heat tolerance test on Class and found that, in an environment of 104°F with 40% humidity, Class was “unable to sustain low intensity exercise in a hot environment for 70 minutes.” While the test required that Class maintain a rectal temperature of 101.3°F or lower for two hours, he exceeded that temperature just over halfway into the two-hour test.

After Class continued to train, Towson University again engaged the Korey Stringer Institute to conduct another “low intensity” heat tolerance test on Class on February 6, 2015, using the same conditions and standards as were used in the first test. This time, Class completed the test, having had a rectal temperature of no higher than 101.2°F. The Institute concluded:

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806 F.3d 236, 2015 U.S. App. LEXIS 19772, 2015 WL 7074636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gavin-class-v-towson-university-ca4-2015.