Sjöstrand v. Ohio State University

930 F. Supp. 2d 886
CourtDistrict Court, S.D. Ohio
DecidedMarch 14, 2013
DocketCivil Action No. 2:11-cv-00462
StatusPublished

This text of 930 F. Supp. 2d 886 (Sjöstrand v. Ohio State University) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sjöstrand v. Ohio State University, 930 F. Supp. 2d 886 (S.D. Ohio 2013).

Opinion

Opinion and Order

MARK R. ABEL, United States Magistrate Judge.

This matter is before the Court on defendant The Ohio State University’s (“OSU”) September 17, 2012 motion for summary judgment (doc. 27). As a preliminary matter, plaintiffs January 2, 2013 motion to strike and motion for leave to file a surreply to defendant’s reply memorandum (doc. 42) is GRANTED in part and DENIED in part. Plaintiffs motion to strike is DENIED. Plaintiffs motion for leave to file a surreply is GRANTED.

I. Uncontradicted Testimony and Allegations in the Complaint

At the age of six, plaintiff Caitlin Sjostrand was diagnosed with Crohn’s disease, an inflammatory bowel disease causing inflammation of the lining of the digestive tract. Compl. at ¶ 5. Despite having Crohn’s disease, plaintiff excelled academically with few accommodations, and in June 2007, plaintiff graduated summa cum laude from Granville High School. Id. at ¶ 5; Sjostrand Dep., p. 47, Doc. 20, Pa-gelD 166. She attended the Ohio State University, Newark branch, and earned a Bachelor of Science in Psychology degree in just two and a half years. Sjostrand maintained a grade point average of nearly 3.8' and graduated in December 2009 magna cum laude. Id. at ¶ 7; Sjostrand Dep., p. 47, PageID 156.

In the fall of 2009, Sjostrand applied to be a PhD. candidate in the OSU School Psychology Program. This was the only program she applied to. Sjostrand Dep., p. 2, PagelD 160. She testified that she decided her junior year in high school that she wanted to be a school psychologist and “assist children, educationally, academically within the school system, and be a liaison between parents, students, teachers, and administrators....” Id., p. 10, PageID 157. She had some knowledge about school psychologists because her father worked many years as one. She wanted to use her experience with Crohn’s disease to benefit others. She believed that as an independent contractor she could work as a school psychologist as well as offer her services to parents who had children with behavioral problems. Id., pp. 11-13, Pa-gelD 157. She had no desire to be a school counselor. Id., p. 16, PageID 158. In her application, she explained that her experience working with school officials to obtain accommodations for her Crohn’s disease impacted her decision to seek a [889]*889career in school psychology. Id. at ¶ 8. Plaintiff earned a score of 1110 on the GRE, scoring 550 on the Qualitative section and 560 on the Verbal section. The School Psychology Program required a minimum score of 500 on each section. Id. at ¶ 9. Plaintiff was asked to participate in an interview as part of the application process. Id. at ¶ 10. On February 26, 2010, plaintiff was interviewed by two faculty members. Id. at ¶ 11. During each interview, the faculty members questioned plaintiff at length about her ability to handle the stress and workload of the program given that she had Crohn’s disease. Id. at ¶ 12.

Approximately two weeks after her interview, plaintiff was notified that she had not been admitted to the program. Id. at ¶ 13. Plaintiff made several telephone inquiries as to the reason she was denied admission. Plaintiff spoke with Timothy Graham, the Academic Program Coordinator for Students Services at the School of Physical Activity & Education Services. Id. at ¶ 14. Mr. Graham stated that the application materials indicated that she did not fit with the program, which he acknowledged was vague given her excellent credentials. Mr. Graham advised plaintiff to contact Dr. Laurice Joseph. Id. at ¶ 15.

On April 7, 2010, plaintiff spoke with Dr. Joseph. Dr. Joseph said that she did not have plaintiff’s file in front of her, but it appeared that plaintiffs interests were better suited to school counseling rather than school psychology. Id. at ¶ 16. Plaintiff responded that she knew the difference between school counseling and school psychology, and she asked what she could do to convince Dr. Joseph that she wanted to pursue a career in school psychology. Id. at ¶ 17. Dr. Joseph was unable to provide plaintiff with specific information, but she advised plaintiff to revise her personal statement if she decided to reapply. Id. at ¶ 18.

On April 8, 2010, plaintiff sent an email to Dr. Donna L. Pastore, the Director of the School of Physical Activity and Educational Services with the College of Education and Human Ecology. In her email, plaintiff questioned whether she had been denied admission because she had Crohn’s disease. In her response, Dr. Pastore stated that the decision was made objectively and that the committee felt that plaintiffs interests and motivation were a better match for counseling rather than school psychology. Id. at ¶ 20.

After OSU denied her admission, plaintiff was accepted to the School Psychology program at Kent State University. Id. at ¶ 21.

II. Arguments of the Parties

A. Defendant The Ohio State University

Defendant maintains that Ms. Sjostrand has failed to make a prima facie case of disability discrimination under the ADA and the Rehabilitation Act. OSU maintains that plaintiff has failed to present evidence from which a reasonable jury could conclude that she suffered an adverse action under circumstances which give rise to an inference of disability discrimination. Defendant maintains that the two facts plaintiff has provided do not meet the evidentiary requirements of a prima facie case. According to OSU, the only facts on which plaintiff relies to establish a prima facie case are: (1) when she called OSU upon receiving the rejection letter, the two individuals with whom she spoke did not give her specific reasons for the rejection; and (2) she was asked about Crohn’s disease, which she voluntarily disclosed, at her interviews with Drs. Joseph and Radliff.

With respect to the telephone calls, the responses of Mr. Graham and Dr. Joseph are not evidence that could give rise to an inference of discrimination. Defendant [890]*890maintains that their deposition testimony demonstrates that the reason that they did not give plaintiff a detailed explanation for the denial was because, at that point, they did not know the reason. Mr. Graham did not serve as a reviewer of the decision. Rather, Mr. Graham’s role included creating and maintaining individual application files and submitting the decision into the student information system to generate a decision letter for the applicant.

Dr. Joseph testified that by the time that he spoke with plaintiff on the telephone, he did not have her application file in front of him and no longer recalled the specific reason that she was not accepted. Defendant maintains that Dr. Joseph’s lack of specificity was a result of not having access to her file.

Defendant further argues that Drs. Joseph and Radliffs questions to plaintiff during the interviews do not constitute evidence that could give rise to an inference of discrimination. The questions asked by Drs. Joseph and Radliff do not constitute a violation of either the ADA or the Rehabilitation Act. Defendant argues that plaintiff inaccurately contends that most of the interview with the professors focused on her ability to successfully complete the program due to her disability.

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930 F. Supp. 2d 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sjostrand-v-ohio-state-university-ohsd-2013.