McCulley v. University of Kansas School of Medicine

591 F. App'x 648
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 14, 2014
Docket13-3299
StatusUnpublished
Cited by2 cases

This text of 591 F. App'x 648 (McCulley v. University of Kansas School of Medicine) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCulley v. University of Kansas School of Medicine, 591 F. App'x 648 (10th Cir. 2014).

Opinion

ORDER AND JUDGMENT *

CARLOS F. LUCERO, Circuit Judge.

Emily McCulley is an accomplished young woman suffering from a serious disability who filed suit against the University of Kansas School of Medicine (“KUSOM”) after it rescinded her admission. The district court granted summary judgment to KUSOM, concluding that accommodating McCulley’s disability would require it to make substantial changes to its educational program that go beyond what the Americans with Disabilities Act (“ADA”) requires. Although we sympathize with McCulley’s desire to pursue her goals, exercising jurisdiction under 28 U.S.C. § 1291, we AFFIRM.

I

Emily McCulley suffers from Type III spinal muscular atrophy, which necessitates use of a wheelchair for mobility and limits her arm strength. In 2011, she was admitted to KUSOM. The school’s accreditation requires that it articulate “technical standards” which all admitted students must meet. This includes a Motor Technical Standard, which mandates *650 that students “be physically able to ... carry out diagnostic procedures” and “provide general care and emergency treatment to patients,” including CPR, opening obstructed airways, and “obstetrical maneuvers.”

Shortly after her admission, KUSOM sent McCulley a form asking her to describe any accommodations she might need. She returned the form in February 2012, and met with various KUSOM staff to discuss her needs in March. After the meeting, McCulley provided a more detailed explanation of her requested accommodations. KUSOM staff consulted with the school’s clinical faculty, who provided a list of physical requirements for their clinical training. KUSOM sent McCulley this list of requirements in May -2012. The school requested that she give the list to her physician, Scott Meyers, so he could indicate specific accommodations needed for each physical requirement. In July, Meyers completed the form, indicating that McCulley would need a staff person to assist her with lifting and positioning patients, stabilizing elderly patients, and performing basic life support.

KUSOM clinical faculty reviewed the requested accommodations. Based on their recommendations, KUSOM Interim Dean Steven Stites concluded that McCulley could not meet KUSOM’s Motor Technical Standard, and rescinded her admission.

On September 5, 2012, McCulley filed a complaint asserting that the ADA and Rehabilitation Act entitled her to compensatory damages and an order that her admission to KUSOM be reinstated. The district court granted summary judgment in KUSOM’s favor. McCulley now appeals to this court.

II

We review the district court’s grant of summary judgment de novo. Bohn v. Park City Grp., 94 F.3d 1457, 1460 (10th Cir.1996). Summary judgment is appropriate if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). “We view the summary judgment evidence in the light most favorable to the non-movant, applying the same standard as the district court.” Bertsch v. Overstock.com, 684 F.3d 1023, 1027 (10th Cir.2012).

A

We apply the same analysis to claims brought under the ADA and the Rehabilitation Act. See Cohon ex rel. Bass v. N.M. Dep’t of Health, 646 F.3d 717, 725-26 (10th Cir.2011). Although these statutes sometimes mandate accommodations, public entities are not required to modify their programs to accommodate a person with a disability if they “can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.” 28 C.F.R. § 35.130(b)(7). To fit within this exception, an institution must prove that the requested modifications would fundamentally alter the nature of its program. Fisher v. Okla. Health Care Auth., 335 F.3d 1175, 1181 (10th Cir.2003). The Supreme Court has held that requiring a nursing school to provide a staff person to help a hearing-impaired student would meet this standard. Se. Cmty. Coll. v. Davis, 442 U.S. 397, 404, 99 S.Ct. 2361, 60 L.Ed.2d 980 (1979). Last year, we concluded that “[cjompelling an educational institution to change its requirements for advancement through its medical school program would represent a substantial, rather than a reasonable accommodation, because it would fundamentally alter the nature of the educational services and program it provides.” Cunningham v. Univ. of N.M. Bd. of Regents, 531 Fed.Appx. 909, *651 920 (10th Cir.2013) (unpublished) (citations and quotations omitted). In academic matters, we often defer in substantial part to the professional judgment of educational institutions. See Regents of the Univ. of Mich. v. Ewing, 474 U.S. 214, 225, 106 S.Ct. 507, 88 L.Ed.2d 523 (1985) (deferring to university in a due process context).

McCulley claims her requested accommodations would not fundamentally alter the nature of KUSOM’s program. But McCulley does not successfully rebut the defendants’ argument that providing a staff surrogate to lift patients, administer basic life support, and perform other tasks for McCulley would render her an observer. As in Davis, having a staff member interact with patients on McCulley’s behalf would fundamentally alter the nature of her medical education, which trains her to engage with patients, often in emergency situations where assistance is unavailable. And just as the medical school in Cunningham was asked to change requirements related to its graduation standards, McCulley asks KUSOM to change its Motor Technical Standards, which are related to its accreditation.

Although McCulley does not intend to pursue a physically demanding specialty, she must nevertheless meet KUSOM’s Motor Technical Standards because KUSOM uses a broad, undifferentiated medical curriculum that prepares students to serve as physicians in a wide range of practice areas. The ADA does not authorize us to make sweeping revisions to the content of medical school curricula. Moreover, the clinical procedures that McCulley seeks to have staff members perform on her behalf are not KUSOM’s arbitrary constructs. They are required as part of the United States Medical Licensure Examination.

Because we agree with the district court that the defendants have carried their burden to show that McCulley’s request would constitute a fundamental alteration within the meaning of 28 C.F.R. § 35.130

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Bluebook (online)
591 F. App'x 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcculley-v-university-of-kansas-school-of-medicine-ca10-2014.