Johnson v. Washington County Career Center

982 F. Supp. 2d 779, 29 Am. Disabilities Cas. (BNA) 125, 2013 WL 6000925, 2013 U.S. Dist. LEXIS 161138
CourtDistrict Court, S.D. Ohio
DecidedNovember 12, 2013
DocketCase No. 2:10-CV-00076
StatusPublished
Cited by43 cases

This text of 982 F. Supp. 2d 779 (Johnson v. Washington County Career Center) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Washington County Career Center, 982 F. Supp. 2d 779, 29 Am. Disabilities Cas. (BNA) 125, 2013 WL 6000925, 2013 U.S. Dist. LEXIS 161138 (S.D. Ohio 2013).

Opinion

OPINION & ORDER

ALGENON L. MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant Washington County Career Center’s Motion for Summary Judgment (the “Motion”). (Doc. 63). Plaintiff, Carrie Johnson, brings this action to recover for alleged violations of the Americans with Disabilities Act and the Rehabilitation Act, relating to her termination from the Defendant’s Surgery Technologist training program. Defendant moves for summary judgment on all remaining claims. For the reasons set forth herein, the Motion is DENIED.

II. PROCEDURAL POSTURE

Plaintiff filed this action on January 26, 2010, against Defendant Washington County Career Center (“WCCC”) and its employee, Dewayne Poling, in his official capacity as Direct of Adult Technical Training at WCCC. (Doc. 2, ¶¶ 1-3). In her Complaint, Plaintiff alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. (“ADA”), the Rehabilitation Act, 29 U.S.C. § 701 et seq. (“RHA”), retaliation for engaging in protected activity — that is, retaliation for filing a discrimination lawsuit against Defendants in 20081 — and violations of Ohio [782]*782disability law. (Doe. 2, ¶¶ 26-49, Counts I-V).

On June 22, 2010, 2010 WL 2570929, the Court granted Defendant Poling’s Motion to Dismiss Counts I, II, III, and V of the Complaint against him. (Doc. 13). Plaintiff sought to amend her Complaint, on December 20, 2011 (Doc. 26), but was denied leave by the Court (Doc. 32). On March 12, 2012, 2012 WL 831802, the Court granted Defendants’ motion (Doc. 25) and dismissed the state law claims, Counts IV and V, against both Defendants (Doc. 33), and entered a judgment in favor of Poling (Doc. 34).

Defendant WCCC now moves for summary judgment on the remaining claims: Counts I, II, and III. (Doc. 63). Oral argument was held on November 6, 2013, and the matter has been fully briefed and is ripe for review.

III. STATEMENT OF FACTS A. Background

Plaintiff Carrie Johnson first enrolled in Defendant WCCC’s classes in 2008, when she registered for Defendant’s Surgical Technologist Program (the “Program”). Plaintiff suffers from a dyslexic learning disability involving reading and comprehension. Therefore, at her enrollment, she met with representatives of Defendant, including then-Director of Adult Education for Medical Programs, Constance Bennett, to discuss her disability and inquire about certain accommodations that Defendant could provide. (Johnson Aff., Doc. 66, ¶ 2; Bennett Aff, Doc. 65-20, ¶ 19). WCCC representatives stated that they would accommodate Plaintiffs disability. (Johnson Aff., ¶ 3; Bennett Aff, ¶ 20).

Plaintiff began classes on February 27, 2008. Almost immediately afterward, Defendant Dewayne Poling, Director of Adult Technical Training at WCCC, argued with Bennett over Plaintiffs enrollment, at which time Poling stated that WCCC “did not have the time to spend for just one student.” (.Bennett Aff, ¶ 23). The day after this conversation, Poling informed Bennett that he was recommending to the Board of Education that her contract not be renewed. (Id., ¶ 26).

At the same time, Poling informed Plaintiff that her prior education would not apply to the Program, and thus she could not continue at WCCC. (Johnson Aff., ¶ 9; Letter from WCCC, March k, 2008, Ex. 66-3). On March 11, 2008, Plaintiff appealed her removal before the Board of Education, where she argued that she was being discriminated against on account of her disability. (Id., ¶¶ 15-16; Statement of Carrie Johnson to Board of Education, Doc. 66-6). Plaintiff won her appeal and was reinstated. (Johnson Aff., ¶ 17).

In March 2008, Plaintiff suffered medical problems requiring hospitalization, resulting in her missing a number of classes. (Id., ¶¶ 19-24). Because of these missed classes, Poling informed Plaintiff, in early April 2008, that she would be removed from the 2008 Program. (Id., ¶ 31; Email Chain between Johnson and Poling, April 11-17, 2008, Doc. 66-11). On May 27, 2008, Plaintiff filed suit, alleging that WCCC had violated the ADA and RHA by failing to accommodate her disability and dismissing her from the 2008 Program. (Johnson Aff., ¶ 26). That suit remains pending.

B. Plaintiffs 2009 Enrollment

In December 2008, Plaintiff applied for and was admitted into Defendant’s 2009 [783]*783Program. (.Johnson Aff., ¶38). At this time, the application deadline for joining the 2009 Program had already passed, and a waiting list of applicants had accumulated; Defendant admitted Plaintiff in spite of these hurdles. (Binegar Aff., Doc. 63-1, ¶¶ 3-4).

During Plaintiff’s enrollment in the Program, Defendant Poling engaged in behavior to which Plaintiff objects: he met with Plaintiff in public places, in front of other students, at times that disrupted Plaintiffs classroom activities (Johnson Aff., ¶¶45, 46, 54, 63, 70,109); he demanded extensive and duplicative documentation of Plaintiffs disability (id., ¶¶ 51-53, 63, 69, 88,116,118, 122-24,126); he requested a blanket medical release from Plaintiff regarding disclosure of her medical records, and pressured her to sign it (id., ¶¶ 46-50, 90, 92, 109-112, 126; Letter from Attorney Knoll to WCCC, February 10, 2009, Doc. 65-2).

On February 26, 2009, Plaintiff provided Defendant with full documentation of her disability, including: (a) a psychological evaluation of Dr. Miller; (b) a letter from Vocational Rehabilitation Counselor Barbara Wilson, from the Bureau of Vocational Rehabilitation (“BVR”), explaining Plaintiffs disability and requesting certain accommodations; and (c) a handwritten note from Dr. Miller, stating that he had diagnosed Plaintiff with a learning disability, and concurring with the accommodations listed in the letter from Wilson. (Id., ¶ 166; Signed witness statement regarding delivery of documents, Doc. 66-32).

Defendant’s Surgical Technologist Program is a purchased curriculum acquired from an accrediting body. (Binegar Aff., ¶ 25). Thus, in order for WCCC students to receive accreditation for their degrees, WCCC was required to meet the accrediting body’s standards. (Id.). Plaintiff enrolled in several courses as part of the Program; most central to this case, however, was the Medical Terminology class, taught by Patricia Petit. This course was required for Program students. (Binegar Aff, ¶¶ 14, 20). All students enrolled in WCCC courses, including as part of the Program, were required to achieve a grade of at least 70% in order to continue in their program of study. (Id., ¶20). Plaintiff ultimately failed to achieve at least a 70% in her Medical Terminology course, resulting in her removal. (Id., ¶¶ 21-23, 29, 40).

C. Plaintiffs Requested Accommodations

Plaintiff met with Poling and Program Coordinator Lori Sayre on January 7, 2009, when she began participating in the Program.

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982 F. Supp. 2d 779, 29 Am. Disabilities Cas. (BNA) 125, 2013 WL 6000925, 2013 U.S. Dist. LEXIS 161138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-washington-county-career-center-ohsd-2013.