Pham v. University of Louisiana at Monroe

194 F. Supp. 3d 534, 2016 WL 3843591, 2016 U.S. Dist. LEXIS 91663
CourtDistrict Court, W.D. Louisiana
DecidedJuly 13, 2016
DocketCIVIL ACTION NO. 16-00467
StatusPublished
Cited by8 cases

This text of 194 F. Supp. 3d 534 (Pham v. University of Louisiana at Monroe) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pham v. University of Louisiana at Monroe, 194 F. Supp. 3d 534, 2016 WL 3843591, 2016 U.S. Dist. LEXIS 91663 (W.D. La. 2016).

Opinion

RULING

ROBERT G. JAMES, UNITED STATES DISTRICT JUDGE

Plaintiff Dung Quoc Pham (“Pham”) brings this suit. against Defendants, the University of Louisiana System Board of Supervisors (“ULM”); Dean Benny Blay-lock, individually and in his official capacity as Dean of ULM’s College of Pharmacy (“Dean Blaylock”); Dr. Keith Jackson, individually and in his official capacity as Faculty Chairperson of the Board of Ethics of ULM’s College of Pharmacy (“Dr. Jackson”); Dr. Tibb Jacobs, individually and in her official capacity as Faculty Chairperson of the Board of Ethics of ULM’s College of Pharmacy (“Dr. Jacobs”); Dr. Michael Cockerham, individually and in his official capacity as Associate Dean of Academic Affairs of ULM’s College of Pharmacy (“Dr. Cockerham”); Dr. Khalid El Sayed, individually and in his official capacity as Professor of ULM’s College of Pharmacy (“Dr. El Sayed”); Eric A. Pani, individually and in his official capacity as Vice President of Academic Affairs for ULM (“Pañi”); and Sherrye Carradine, individually and in her official capacity as in-[540]*540House Counsel for ULM (“Carradine”) (referred to collectively as “Defendants”) for purported violations of 42 U.S.C. § 1983 (“§ 1983”).

Pending before the Court are Pham’s Motion for a Preliminary Injunction [Doc. No. 2] and Defendants’ Motion to Dismiss all claims against Defendants for monetary damages in their individual capacities on qualified immunity grounds. [Doc. No. 11]. For the following reasons, Pham’s Motion for a Preliminary Injunction is DENIED. Defendants’ Motion to Dismiss is GRANTED to the extent they seek qualified immunity with respect to all claims against them in their individual capacities for monetary damages. Those claims are DISMISSED WITH PREJUDICE.

I.Findings op Fact 1

At the time of his expulsion, Pham was a third-year pharmacy student at the ULM’s College of Pharmacy. Pham was allegedly caught cheating on multiple occasions which caused the school to take disciplinary actions. He asserts that the College of Pharmacy failed to comply with due process before punishing him on two occasions, the second of which resulted in his expulsion.

A. Initial Charge (“Pham I”)

The initial charge of cheating related to the administration of an Infectious Disease examination. Professors Adam Pate (“Pate”) and El Sayed claimed to have witnessed Pham cheating with another student. Dr. Cockerham sent written notice to Pham that the professors alleged academic dishonesty in violation of Rules 3.01, 02, and 03 of the University of Louisiana at Monroe College of Pharmacy Code of Ethical and Professional Conduct (“the Code”).2 Pham requested a hearing in accordance with the Code.

On April 2, 2015, the Ethics Board conducted the initial hearing against Pham. Pham was not represented by counsel and pled not guilty. According to the hearing minutes, the Ethics Board found Pham guilty on the basis of testimony from Pate and Dr. El Sayed, which included testimony concerning ExamSoft records from the examination. The actual ExamSoft records were not introduced at the hearing, or, it appears, on appeal.3 The Ethics Board recommended that Pham receive a zero grade for the examination and probation for the duration of his tenure at ULM’s pharmacy school.

On April 7,2015, Jackson sent a letter to Pham notifying him that the Ethics Board had found him guilty by a preponderance of the evidence for “giving unauthorized assistance to a fellow student on an exam and receiving unauthorized assistance.” According to Defendants, this violation alone would have been grounds for expul[541]*541■sion. After this letter was sent, Pham sought the advice of Dr. El Sayed who recommended that Pham apologize for his alleged misconduct and seek mercy.

Pham followed Dr. El Sayed’s advice and wrote a letter to Dean Blaylock apologizing for his misconduct but not explicitly admitting cheating. On April 15, 2015, Dean Blaylock gave Pham written notice that his Office would uphold,the Ethics Board’s findings and recommendation. According to Pham, Dean Blaylock’s review was meaningless because he essentially rubber-stamped the findings and recommendation of the Ethics Board.

Pham appealed this adverse decision to Pani, the final arbiter in the process. According to Pham, at this time, he realized that he had been “duped.” He wrote a letter to Pani explaining that he had written the apology letter on the advice of Dr. El Sayed-his original accuser. Pani denied Pham’s appeal, stating that “I find no grounds for your appeal since you admitted the misconduct in your appeal to Dean Blaylock.”

B. Second Charge (“Pham II”)

Around November 12, 2015, Dr. Courtney Robinson (“Dr. Robinson”) informed Dr. Cockerham that she caught Pham using unauthorized materials in the completion of a graded examination. On November 12, 2015, Dr. Cockerham sent written notice to Pham that Dr. Robinson had accused him of academic dishonesty in violation of Rule 3.01.01.4

On November 16, 2015, Pham’s counsel provided notice to Dr. Jacobs and Dr. Cockerham that Pham denied the charges against him and requested a formal hearing. Pham’s counsel requested the opportunity to cross examine witnesses. This request was denied, but Dr. Cockerham indicated that Pham would be allowed to cross examine witnesses in accordance with the Code.

The formal hearing was scheduled for December 14, 2015. Before the hearing, Pham requested that the Ethics Board consider his answer sheet, which he felt would demonstrate his innocence. At the hearing, Pham and his counsel were prevented from cross examining witnesses. Moreover, the Ethics Board did not consider the answer sheet in Pham’s presence. Instead, the Ethics Board considered the evidence during deliberations and found that it showed Pham’s guilt. The Ethics Board found Pham guilty of using unauthorized materials and recommended expulsion.

On December 16, 2015, Dean Blaylock wrote Pham and informed him that he agreed with the Ethics Board’s findings and recommendation of expulsion. Pham did not receive any findings of fact or conclusions from the Ethics Board despite Rule 11.11 which requires their divulgence.

On January 4, 2016, Pham’s counsel delivered a letter to Dean Blaylock which documented multiple instances of the Ethics Board and Dean Blaylock failing to comply with the Code. That same day, Dean Blaylock emailed Pham and informed him that he would grant a second, abbreviated hearing in which Pham could cross examine witnesses. The findings of fact and conclusions from the initial hearing were given to Pham on January 12, 2016.

[542]*542On January 21, 2016, the supplemental hearing was held during which Pham was allowed to cross examine witnesses.' The Ethics Board maintained its initial findings and recommendation. On January 23, 2016, Dean Blaylock sent a letter to Pham informing him that he agreed with the Ethics Board’s findings and recommendation. No findings of fact or conclusions were ever provided to Pham from the supplemental hearing.

On February 1, 2016, Pham appealed the decision to Pani.

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194 F. Supp. 3d 534, 2016 WL 3843591, 2016 U.S. Dist. LEXIS 91663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pham-v-university-of-louisiana-at-monroe-lawd-2016.