Mathai v. Board of Supervisors of Louisiana State University

959 F. Supp. 2d 951, 2013 WL 3776580, 2013 U.S. Dist. LEXIS 99803
District Court, E.D. Louisiana·Decided July 17, 2013·No. Civil Action No. 12-2778·Published·Cited by 8 cases

Opinion

ORDER AND REASONS

SARAH S. VANCE, District Judge.

Before the Court is defendants’ motion to dismiss. For the following reasons, the Court GRANTS the motion to dismiss of the Board of Supervisors of Louisiana State University and GRANTS the motion to dismiss of Dr. Steve Nelson.

I. BACKGROUND

This dispute stems from plaintiff Anna Mathai’s dismissal from the School of Medicine of the Louisiana State University Health Sciences Center. According to her complaint, plaintiff was admitted to the medical school in 2009 and performed well during her first two years of the program.1 In July 2011, she sought counseling with the school’s Campus Assistance Program (CAP) and reported that she had been hospitalized in May 2011 for an adverse reaction to Adderall and feelings of a nervous breakdown.2 Plaintiff told a CAP social worker that she had previously smoked marijuana but states that she stopped using the drug in August 2011.3

On August 25, 2011, plaintiff signed a document entitled “LSUHSC Fitness for Duty/Drug Testing Continuation of EmploymenVEnrollment Contract.”4 The contract stated that plaintiff voluntarily entered into the agreement and that she understood that, “in order to ensure [her] safety as well as the safety of others,” her continued enrollment at the medical school was contingent on her compliance with any rehabilitation programs or treatment guidelines mandated by CAP.5 CAP referred plaintiff for an evaluation by Dr. Ary at Addiction Recovery Resources of New Orleans, which resulted in Dr. Ary’s recommendation that plaintiff undergo drug screens but be permitted to continue with her medical school duties.6 Plaintiff submitted to five drug tests between November 2011 and January 2012 and tested [954] negative.7 But, after CAP received information that plaintiff may have falsified her drug screens, CAP asked plaintiff to undergo a supervised drug screen on January 20, 2012.8 Plaintiff maintains that she was unable to attend due to her clinical duties at the medical school, and she submitted to an observed test on January 23, 2012, the following Monday.9 The test was negative but was reported as a “dilute screen” that CAP considered suspicious.10 CAP then required plaintiff to complete a second “Fitness for Duty/Drug Testing Continuation of Employment/Enrollment Contract,” which she signed on February 15, 2012.11 This document provides in relevant part:

I understand I was referred back to the LSUHSC Campus Assistance Program and Drug Testing Program on February 13, 2012 due to the concerns on the administrative referral form. Due to the foregoing concerns during my enrollment/employment, LSUHSC has necessitated that specific terms be applied to my continuation of enrollment/employment at this time in order to ensure my safety as well as the safety of others. Therefore I, Anna Mathai, voluntarily enter into the following agreement in lieu of disciplinary action, to comply with the LSUHSC fitness for duty and substance abuse policies and to follow the standards mentioned above....
I understand that LSUHSC will allow me to continue my employment/enrollment under the following conditions:
5. I agree to follow the directions and recommendations of CAP. I will participate in all required activities of any rehabilitation program and/or C/EAP treatment plan I am involved in.
6. I understand continuation of employment/enrollment is contingent upon entering into and successfully completing a treatment and/or aftercare program approved by LSUHSC and/or CAP and receiving a medical release form indicating my fitness for work/ school.
7. If I have tested positive for alcohol/drugs or have been diagnosed with an alcohol or drug problem I will submit to regular or irregular, unannounced and/or announced alcohol and/or drug screens as required by LSUHSC and my rehabilitation and/or CAP treatment plan.... I understand and acknowledge that the ... results of any tests, subsequent alcohol/drug related misconduct, a subsequent alcohol/drug test result, or refusal to test will be grounds for immediate termination of my enrollment.
11. I understand that any evidence of non-compliance with treatment guidelines, incomplete treatment, noncompliance with an aftercare program or failure to abide by any part of a Continuation of Employment/Enrollment Contract between LSUHSC and me will be grounds for immediate dismissal from the LSU School of Medicine.12

Notably, while the two “Fitness for Duty” contracts were substantially similar, the first agreement provided that a failure to comply with its terms could result in “suspension or termination,”13 whereas the [955] second provided that failure to comply would be “grounds for immediate termination.” 14

LSU then required plaintiff to undergo a three-day evaluation at Palmetto Addiction Recovery Center. After plaintiffs evaluation in March 2012, the attending physician at Palmetto sent a letter to CAP in which he diagnosed plaintiff as having “polysubstance dependence and narcissistic traits,” despite her negative drug screens.15 The Palmetto physician recommended that plaintiff enroll in a three-month inpatient treatment program, which plaintiff refused to do because the program would not allow her to continue her studies, and she considered such action to be “unnecessary and extreme.”16

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Mathai v. Board of Supervisors of Louisiana State University, 959 F. Supp. 2d 951, 2013 WL 3776580, 2013 U.S. Dist. LEXIS 99803 (E.D. La. 2013).

959 F. Supp. 2d 951 (Mathai v. Board of Supervisors of Louisiana State University) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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