McIntyre v. Arizona Board of Regents

CourtDistrict Court, D. Arizona
DecidedJanuary 22, 2025
Docket3:24-cv-08151
StatusUnknown

This text of McIntyre v. Arizona Board of Regents (McIntyre v. Arizona Board of Regents) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McIntyre v. Arizona Board of Regents, (D. Ariz. 2025).

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Scott McIntyre, No. CV-24-08151-PCT-DGC

10 Plaintiff, ORDER

11 v.

12 Arizona Board of Regents (ABOR); Arizona State University (ASU), Carla Harcleroad, 13 Executive Director, ASU at Lake Havasu; Sukhwant Jhaj, Dean of University College; 14 Michael Crow, President of ASU; Nancy Gonzales, Provost; Erin Ellison, Director, 15 Office of Equity and Inclusion; Samantha Blevins, ABOR Counsel; 16

17 Defendants.

18 Plaintiff Scott McIntyre, proceeding pro se, brings an employment discrimination 19 complaint. Doc. 1. Defendants Arizona Board of Regents (“ABOR”), Arizona State 20 University (“ASU”), Carla Harcleroad, Sukhwant Jhaj, Michel Crow, and Nancy Gonzales 21 have filed a partial motion to dismiss under Rule 12(b)(6).1 Doc. 21. The motion is fully 22 briefed and no party requests oral argument.2 23 1 Defendants Erin Ellison and Samantha Blevins have not been served with process. 24 See Doc. 17. Defendants’ motion states that Plaintiff has agreed not to pursue a claim against them (Doc. 21 at 3), and Plaintiff does not dispute this assertion in his response 25 (Doc. 22). Because ASU is a non-jural entity, the parties also stipulate that the Title VII claims are asserted only against ABOR. Docs. 20, 23. They further stipulate that Plaintiff 26 is no longer seeking relief under Executive Order 11246, 45 C.F.R. § 50, or the Belmont Report as suggested in his complaint. Docs. 20, 23. 27 2 Plaintiff filed two responses, the second of which attached an exhibit related to the 28 ADA. Docs. 22, 26. The Court addresses Plaintiff’s arguments in his first response, but has also reviewed the later-filed ADA exhibit. 1 Plaintiff’s complaint contains a list of statutes, regulations, and executive orders as 2 well as a timeline of alleged events. He does not set forth his claims in separately numbered 3 paragraphs limited to a single set of circumstances or assert separate counts for each claim 4 based on a separate transaction or occurrence, as required. See Fed. R. Civ. P. 10(b). In 5 deciding Defendants’ motion, the Court has construed Plaintiff’s allegations liberally. As 6 explained below, the Court will grant the motion. 7 I. Background. 8 The complaint contains the following factual allegations. Plaintiff is a former 9 faculty member at ASU. Doc. 1 at 2-3. In 2020, ASU implemented a policy requiring 10 mandatory COVID testing and health reporting for students and staff. Id. In early January 11 2021, Plaintiff told his supervisor and other university officials that he thought the policy 12 was unethical and potentially illegal. Id. at 3. He requested a religious exemption from 13 the policy on January 22, 2021, which was denied on January 27, 2021. Id. Plaintiff made 14 a request for religious exemption from ASU’s COVID vaccination requirement on 15 October 21, 2021. Id. The request was denied on November 5, 2021. Id. Plaintiff filed 16 an Equal Employment Opportunity Commission (“EEOC”) Pre-Charge Inquiry regarding 17 this denial the same day. Id. at 4. 18 In May 2023, ASU notified Plaintiff that his contract would not be renewed. Id. 19 at 5. He filed a Charge with the EEOC on August 2, 2023, alleging that ASU discriminated 20 against him on the basis of his religion and retaliated against him for opposing the 21 university’s COVID policies. Doc. 21-2 at 2-3. Plaintiff’s employment was terminated on 22 May 15, 2024. Doc. 1 at 6. He received a Notice of Right to Sue from the EEOC on 23 June 10, 2024 and filed this lawsuit on July 29, 2024. Id. at 1, 6. 24 II. Rule 12(b)(6) Standard. 25 Dismissal for failure to state a claim under Rule 12(b)(6) is appropriate when the 26 complaint lacks a cognizable legal theory or fails to allege facts sufficient to support its 27 theory. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). A complaint 28 that sets forth a cognizable legal theory will survive a motion to dismiss if it contains 1 “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its 2 face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 3 550 U.S. 544, 570 (2007)). A claim has facial plausibility when the plaintiff pleads “factual 4 content that allows the court to draw the reasonable inference that the defendant is liable 5 for the misconduct alleged.” Id. The Court treats all allegations of material fact in the 6 complaint as true and construes them in the light most favorable to Plaintiff. Cousins v. 7 Lockyer, 568 F.3d 1063, 1067 (9th Cir. 2009). 8 III. Title VII Claim. 9 Plaintiff’s complaint and EEOC Charge indicate that his Title VII claim is based on 10 religious discrimination and retaliation. Docs. 1 at 2, 21-2 at 2.3 Defendants argue that 11 Plaintiff’s discrimination and retaliation claims are time-barred because they were brought 12 more than 300 days after the allegedly adverse actions, with the exception of the non- 13 renewal of Plaintiff’s contract. Doc. 21 at 5-6. 14 A. Religious Discrimination. 15 “A charge under [Title VII] shall be filed by or on behalf of the person aggrieved 16 within three hundred days after the alleged unlawful employment practice occurred[.]” 42 17 U.S.C. § 2000e-5(e)(1). Plaintiff’s EEOC Charge was filed on August 2, 2023. Doc. 21-2 18 at 2. As a result, claims arising out of acts that occurred before October 6, 2022 (300 days 19 before the EEOC Charge) are time-barred. 42 U.S.C. § 2000e-5(e)(1); see Nat’l R.R. 20 Passenger Corp. v. Morgan, 536 U.S. 101, 113 (2002) (“Each discrete discriminatory act 21 starts a new clock for filing charges alleging that act. The charge, therefore, must be filed 22 within the . . . 300-day time period after the discrete discriminatory act occurred.”); Lyons 23 v. England, 307 F.3d 1092, 1108 (9th Cir. 2002) (“We hold that appellants’ pre-limitations 24 period claims, based on the alleged discriminatory assignment of details, are time-barred 25 for the reasons set forth by the Supreme Court in Morgan.”). Thus, Plaintiff’s 26 discrimination claims regarding the denial of religious exemption from the university’s 27 3 Plaintiff does not identify his religion in documents submitted to the Court or in 28 his EEOC Charge. Doc. 21-2. 1 testing and health reporting policy on January 27, 2021, and the denial of religious 2 exemption from the university’s vaccination policy on January 8, 2022, are time-barred. 3 B. Retaliation. 4 Title VII also “precludes recovery for discrete acts of . . . retaliation that occur 5 outside the statutory time period.” Morgan, 536 U.S. at 105. Retaliation claims arising 6 out of acts that occurred before October 6, 2022 are therefore also time-barred. See id.; 7 Manatt v. Bank of Am., 339 F.3d 792, 800 (9th Cir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Boerne v. Flores
521 U.S. 507 (Supreme Court, 1997)
National Railroad Passenger Corporation v. Morgan
536 U.S. 101 (Supreme Court, 2002)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Li Li Manatt v. Bank of America, Na
339 F.3d 792 (Ninth Circuit, 2003)
Cousins v. Lockyer
568 F.3d 1063 (Ninth Circuit, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
McIntyre v. Arizona Board of Regents, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-arizona-board-of-regents-azd-2025.