Hartnett v. Fielding Graduate InstiTute

198 F. App'x 89
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 21, 2006
DocketNo. 05-6686-cv
StatusPublished
Cited by11 cases

This text of 198 F. App'x 89 (Hartnett v. Fielding Graduate InstiTute) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartnett v. Fielding Graduate InstiTute, 198 F. App'x 89 (2d Cir. 2006).

Opinion

SUMMARY ORDER

Plaintiff-Appellant Joyce Hartnett appeals the judgment of the District Court for the Southern District of New York (Colleen McMahon, Judge), granting summary judgment in favor of defendant The Fielding Graduate Institute (“FGI”) and dismissing Hartnett’s claims under the Americans with Disabilities Act of 1990 (“ADA”) and the Rehabilitation Act of 1973.

We review the District Court’s grant of summary judgment de novo. Back v. Hastings on Hudson Union Free Sch. Dist., 365 F.3d 107, 122 (2d Cir.2004). “To justify summary judgment, the defendants must show that ‘there is no genuine issue as to any material fact’ and that they are ‘entitled to a judgment as a matter of law.’ ” Id. (quoting Fed.R.Civ.P. 56(c)). We resolve all ambiguities, and credit all rational factual inferences, in favor of the non-moving party, in this case Hartnett. Id. However, “the existence of a mere scintilla of evidence in support of nonmovant’s position is insufficient to defeat the motion; there must be evidence on which a jury could reasonably find for the nonmovant.” Powell v. Nat'l Bd. of Med. Exam’rs, 364 F.3d 79, 84 (2d Cir.2004).

We assume the parties’ familiarity with the facts and arguments on appeal. Briefly summarized, the facts of this case are as follows. FGI is a “distance learning” graduate institution. Among other things, FGI offers a PhD program in clinical psychology (“the PhD Program”). The PhD program is primarily a distance learning program; the majority of the program consists of online courses. However, students are required to meet a 300 hour residency requirement. This requirement can be satisfied in a number of ways, of which the primary method is the “cluster meeting” — monthly group meetings between students and their faculty advisors.

Hartnett was accepted to FGI’s PhD program in December 2000. In her application materials, Hartnett informed FGI that she suffers from lupus, which causes her severe physical exhaustion, muscle pain and weakness, headaches and nausea. Hartnett requested that FGI make a number of accommodations to her disability. FGI ultimately refused her requests, and, in October 2001, Hartnett withdrew from the program.

Both the Rehabilitation Act and the ADA “prohibit discrimination against qualified disabled individuals by requiring that they receive ‘reasonable accommodations’ that permit them to have access to and take a meaningful part in public services and public accommodations.” Powell, 364 F.3d at 85 (quotation marks omitted). For present purposes, the requirements of the two statutes are identical, and we will consider them together. See id. In order to establish a prima facie case under either statute, Hartnett must show that: (1) that she is a “qualified individual” with a disability; (2) that FGI is subject to one of the Acts; and (3) that she was “denied the opportunity to participate in or benefit from defendants’ services, programs, or activities, or was otherwise discriminated [92]*92against by defendants, by reason of her disability.” Id. (quotation marks and alterations omitted).

While FGI is required to make “reasonable accommodations” to allow for Hart-nett’s disability, it “is not required to offer an accommodation that imposes an undue hardship on its program’s operation.” Id. at 88 (citing 28 C.F.R. § 41.53 (2002)). “In addition, a defendant need not make an accommodation at all if the requested accommodation ‘would fundamentally alter the nature of the service, program, or activity.’ ” Id. (quoting 28 C.F.R. § 35.130(b)(7)). Finally, “[t]he obligation to make reasonable accommodation ... does not extend to the provision of adjustments or modifications that are primarily for the personal benefit of the individual with a disability.” 29 C.F.R. Pt. 1630.9, App.; see also Felix v. N.Y. City Transit Auth., 324 F.3d 102, 107 (2d Cir.2003) (“The ADA mandates reasonable accommodation of people with disabilities in order to put them on an even playing field with the non-disabled; it does not authorize a preference for disabled people generally.”).

There is no dispute here that FGI is subject to the ADA and the Rehabilitation Act, or that Hartnett is qualified to take part in the PhD program. The critical question is whether the accommodations sought by Hartnett were reasonable. We will consider each of Hartnett’s requests in turn.

Principally, Hartnett sought to be transferred from the cluster group to which she had been assigned, headed by a Dr. Ruffins, to another cluster group, headed by a Dr. Freimuth. FGI refused this request, on the ground that Dr. Freimuth’s cluster group was over-subscribed and Dr. Ruffins’ was under-subscribed. We must give Dr. Freimuth’s determination that her cluster was over-subscribed great deference. See Powell, 364 F.3d at 88 (2d Cir.2004) (“When reviewing the substance of a genuinely academic decision, courts should accord the faculty’s professional judgment great deference.”). Although Hartnett presented evidence that FGI student Adrienne Vogel withdrew from Dr. Freimuth’s cluster around the time Hart-nett requested a transfer, this alone does not establish that the cluster did not remain oversubscribed.

Hartnett identifies two ways in which a transfer to Dr. Freimuth’s group would have accommodated her disability — and specifically, the additional difficulty she suffers as a result of her lupus when commuting long distances. First, Hartnett observes that the commute from her home to Dr. Freimuth’s Manhattan office is shorter than the commute to Dr. Ruffins’ Manhattan office. Given the absence of medical evidence that a two to three mile difference in Hartnett’s commute would have made a difference to her health, we agree with the District Court that no reasonable trier of fact could find the two to three mile difference between the two offices significant, in the context of plaintiffs forty-five mile commute into Manhattan from Yorktown Heights, New York.

Second, Hartnett observes that Dr. Freimuth’s home office, in Bedford, New York, is significantly closer to Hartnett’s home than is either Manhattan office, and suggests that she could have fulfilled her residency requirement through face-to-face meetings at Dr. Freimuth’s home office. It appears from the record that some FGI faculty met with students, or held some of their cluster meetings, at their home offices. However, Dr. Freimuth denied that she herself ever did so, and no evidence in the record contradicts that assertion. The mere fact that Dr. Freimuth listed her home office telephone number— alongside her Manhattan office number— on FGI’s website, does not suffice to raise an inference that she used the office to [93]*93meet face-to-face with students. In the absence of any showing that it was Dr. Freimuth’s practice to meet with students at her home office, we do not think that the ADA or the Rehabilitation Act compels her to do so.

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Bluebook (online)
198 F. App'x 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartnett-v-fielding-graduate-institute-ca2-2006.