Melissa A. Alves v. Board of Regents of the University System of Georgia

804 F.3d 1149, 40 I.E.R. Cas. (BNA) 1373, 2015 U.S. App. LEXIS 18802, 2015 WL 6517011
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 29, 2015
Docket14-14149
StatusPublished
Cited by79 cases

This text of 804 F.3d 1149 (Melissa A. Alves v. Board of Regents of the University System of Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Melissa A. Alves v. Board of Regents of the University System of Georgia, 804 F.3d 1149, 40 I.E.R. Cas. (BNA) 1373, 2015 U.S. App. LEXIS 18802, 2015 WL 6517011 (11th Cir. 2015).

Opinions

WILSON, Circuit Judge:

On this appeal, we consider whether a written grievance by five university employees alleging mismanagement by their supervisor which preceded -their termination is entitled to First Amendment protection. Appellants Melissa A. Alves, Corey M. Arranz, Sandrine M. Bosshardt, Kensa K. Gunter, and Alaycia D. Reid (collectively, Appellants) are clinical psychologists and former full-time staff employees at the Georgia State University (the University) Counseling and Testing Center (the Center). In 2012, they were terminated through a purported reduction-in-force by Dr. Jill Lee-Barber, the Director of the Center, and Dr. Douglass F. Covey, the Vice President of Student Affairs. According to Appellants, the reduction in force was mere pretext. They were terminated, they say, in retaliation for submitting a Memorandum to University officials complaining about what they perceived to be poor leadership and mismanagement by Dr. Lee-Barber. Appellants say their Memorandum amounts to citizen speech on a matter of public concern, which would be protected by the First Amendment, and that their retaliatory termination thus violated the Constitution. The district court found, however, that the Appellants’ Memorandum' constituted employee speech on an issue related to their professional duties, which would not be subject to First Amendment protection, and granted summary judgment to Appellees on that ground. We affirm the judgment.

[1154]*1154I.

In August 2009, the University hired Dr. Lee-Barber as its Director of Psychological and Health Services. Dr. Lee-Barber was tasked with administrative and supervisory responsibility over three departments: the student health clinic, student health promotion, and the Center.

A. The Center

The Center provided clinical services to the student body, including psychological counseling, testing, and assessment, and operated a training program for doctoral students, which included pre-doctoral internships, a praeticum training program for doctoral students, and post-doctoral fellowships.

The mental health services provided by staff at the Center included, among other things, initial consultations, individual and couples counseling, group counseling, nutrition consultations, mental health outreach, and faculty and staff consultations. As of 2011, upward of fifty percent of the Center’s clinical services were provided by trainees in the Center’s training program. Candidates for the Center’s training program were recruited through national “feeder programs” managed by the Center’s staff.

The Center was also tasked with conducting mandatory psychological assessments of students who were identified by the Office of the Dean of Students as individuals who had the potential to cause harm to themselves or to others. The assessments were performed through the University’s Mandated Safety Assessment Program, which was administered by certain staff at the Center. A student deemed a “safety concern” by the Office of the Dean of Students was referred by the Office of the Dean of Students to the Center for evaluation through the Program. Students identified as “safety concerns” might be excluded from on-campus housing or continued enrollment at the University. The Director of the Center was tasked with coordinating assessment efforts with the Office of the Dean of Students.

B. The Staff

Dr. Lee-Barber assumed her role as Director of the Center in 2009. In that capacity, Dr. Lee-Barber oversaw the Center’s programs, managed the Center’s operations, and served as the liaison between the Center and the Office of the Dean of Students with regard to the Mandated Safety Assessment Program. Dr. Lee-Barber reported to Dr. Rebecca Stout, Associate Vice President for Student Affairs and Dean of Students, who, in turn, reported to Dr. Douglass Covey, Vice President of Student Affairs.

When Dr. Lee-Barber assumed her role as Director, Appellants were employed as full-time staff and clinical psychologists at the Center. Appellants’ responsibilities at the Center were expansive and varied, and, given the nature of Appellants’ retaliation claim, a brief summary of each of Appellants’ roles is in order.

Dr. Arranz was the Crisis Response Coordinator for and a clinical psychologist at the Center. He helped develop the University’s Mandated Safety Assessment Program and formulate the procedures used in assessing a student’s risk of violence through the Program. Among other things, Dr. Arranz oversaw the Center’s crisis services, provided training on crisis procedures to staff and trainees, supervised interns, students, and trainees, and conducted mandated assessments.

Dr. Reid was the Assistant Director of Training and a clinical psychologist at the Center. Her duties included, among other things, providing clinical services, assisting [1155]*1155in the coordination of clinical services, supervising senior staff psychologists and trainees, serving as the Associate Director on Duty when the Director of the Center was unavailable, serving as a consultant to the Office of the Dean of Students, assisting in the development of policies and procedures for the Center, and conducting mandated assessments. Dr. Reid also served as an adjunct professor at the University.

Dr. Bosshardt was the Coordinator of Mind-Body Programs and a clinical psychologist at the Center. She was the Center’s liaison to the International Student Services and the University Health Clinic. Dr. Bosshardt also performed the general duties of a staff psychologist, which included individual and group therapy, outreach services, individual supervision for trainees, and weekly crisis walk-in hours. She also served as a member of the Center’s Clinical Task Force and Executive Training Committee.

Dr. Alves served as the Center’s Internship Training Director and was a clinical psychologist at the Center. In addition to providing general clinical services to the University community, Dr. Alves also provided “educational instruction” to trainees, supervised interns, post-doctoral students, and practicum students, and served on numerous committees, including the Center’s Executive Committee (an “upper administrative level” committee).

Dr. Gunter, the fifth and final Appellant, joined the Center as the Outreach Coordinator before transitioning to Coordinator of Practicum Training. In the latter role, Dr. Gunter served as the primary point of contact for practicum students. She was also the Center’s liaison to the University’s Athletic Department, the primary provider of sports psychology and counseling services, and, as of 2010, Chair of the Center’s Diversity Committee and Co-Chair of the Cultural Competency Conference Planning Committee.

The Center’s staff also included several professionals and trainees who are not parties to this appeal, including clinical psychologist Dr. Rachel Kieran, the Center’s sexual and gender diversity coordinator; Dr. Pegah Moghaddam, a senior staff psychologist and the Center’s group therapy coordinator; and clinical psychologist Dr. Yared Alemu, who served as the interim Assistant Director of Clinical Services and on the Center’s mandatory assessment team with Drs. Reid and Arranz.

C. The Speech

On or about October 18, 2011, Dr. Gun-ter met with the University’s Office of Opportunity Development and Diversity Education Planning (ODDEP). The OD-DEP deals with issues of discrimination within the University community.

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804 F.3d 1149, 40 I.E.R. Cas. (BNA) 1373, 2015 U.S. App. LEXIS 18802, 2015 WL 6517011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melissa-a-alves-v-board-of-regents-of-the-university-system-of-georgia-ca11-2015.