Stephenson v. Central Michigan University

897 F. Supp. 2d 556, 2012 WL 4372528, 2012 U.S. Dist. LEXIS 137151
CourtDistrict Court, E.D. Michigan
DecidedSeptember 25, 2012
DocketCase No. 11-12681
StatusPublished
Cited by1 cases

This text of 897 F. Supp. 2d 556 (Stephenson v. Central Michigan University) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephenson v. Central Michigan University, 897 F. Supp. 2d 556, 2012 WL 4372528, 2012 U.S. Dist. LEXIS 137151 (E.D. Mich. 2012).

Opinion

OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

THOMAS L. LUDINGTON, District Judge.

During the 2008-2009 school year, Plaintiff Carrie Stephenson was enrolled in the graduate speech pathology program at Central Michigan University (CMU). In the spring of 2009, she earned a failing grade and was dismissed from the program. She did not appeal her grade through CMU’s grievance process. She did not meet with her instructors or the department chair or the dean. She filed this lawsuit.

[559]*559Although CMU was originally a Defendant in this case, it has since been dismissed. The remaining Defendants are all members of CMU’s speech pathology faculty. Kathryn Atkinson, Jane Jack, Sue Lea, Dr. Suzanne Woods, and Dr. Renny Tatchell were Plaintiffs instructors. Dr. Roger Coles is the Interim Dean for CMU’s College of Graduate Studies. Plaintiff claims that when she received a failing grade and was dismissed from CMU’s program, these individuals were retaliating against her for speaking her mind, and thereby violated her due process rights.

As explained below, this is not the case. Defendants’ motion for summary judgment will be granted, and their motion to exclude Plaintiffs expert is denied as moot.

I

In the fall of 2008, Plaintiff enrolled in the Speech-Language Pathology master’s degree program (SLP) at CMU. Def.’s Mot. Ex. 1, at 46. She lived in Big Rapids at the time, an hour away from campus. Id. at 47. As a part of SLP, Plaintiff was assigned to a clinical practicum requiring six-hour time blocks on Tuesdays and Thursdays. Id. at 46. However, Plaintiff raised a scheduling conflict, noting it would be “difficult to make the hour-long drive” to CMU’s campus on those days. Id. at 47. Instead, she requested a clinical assignment on Monday, Wednesday, and Friday. Id. When told the clinical assignments would not be changed, Plaintiff called Jane Jack, the Director of Clinical Instruction for SLP, Def.’s Mot. Ex. 26, at 2, and explained her predicament. Def.’s Mot. Ex. 1, at 47. During the conversation Ms. Jack questioned Plaintiffs future with the program. Id. at 48. Plaintiff felt Ms. Jack had “threatened” her removal, and considered not going to class at all. Id. Eventually, Ms. Jack accommodated Plaintiffs request, and she decided to continue with the program. Id. at 49. Then in December, Plaintiff moved to Mount Pleasant, Michigan, where CMU is located. Id. at 49.

During the spring semester of 2009, Plaintiff continued with her SLP studies. She enrolled in three classroom courses and one clinical practicum course. Def.’s Mot. 1. The practicum required direct work with patients under instructor supervision. Id. Plaintiffs instructors, all certified speech-language pathologists, were Katie Atkinson, Sue Lea, and Dr. Ann Ratcliff. Id. Plaintiffs classroom teacher was Theresa Jones. Id. Plaintiff was placed under the direct supervision of Ms. Atkinson, Def.’s Mot. Ex. 1, at 50, and assigned to a client, J.C.1 Id. at 51. Plaintiff worried about her abilities and lack of experience. She was concerned that J.C. was not receiving the proper care because she was only a “beginning student.” Id. at 54. Plaintiff shared her concerns with Ms. Atkinson, id. at 52, but did not tell anyone else. Id. at 54.

Plaintiff did not have any other problems with the program during January and February of 2009, but she continued to worry she was not “meeting the clients’ needs.” Id. at 64. At the end of February, Plaintiff requested Wednesdays off so she would have more time to “work and study.” Id. at 60. The request could not be granted. Id. In March, Plaintiff was assigned a new client, K.A. Id. at 61. K.A. was very anxious, depressed over her condition, and Plaintiff worried she was too inexperienced to help. Id. at 65. Ms. Atkinson assured Plaintiff that the two of them would work with K.A. together. Def.’s Mot. Ex. 1, at 86.

[560]*560During the summer after their first year, graduate students like Plaintiff are required to work full-time in a summer clinic. Pl.’s Email (March 20, 2009), ECF No. 21, Ex. 1. Plaintiff requested to work half-days so that she could also run her own business. Id. Ms. Jack responded that the clinical work required full days, Monday through Friday. Id. Ms. Jack did offer the opportunity to work the following summer instead. Id.

Five days later, Plaintiff arrived for her clinical session unprepared. She administered the wrong standardized test for K.A. Def.’s Mot. Ex. 8. Plaintiff met with Ms. Atkinson that afternoon, reiterated her concerns about her ability, and said she “didn’t feel [she] could competently do” her clinical work. Def.’s Mot. Ex. 1, at 86.

Plaintiff was next scheduled to work with K.A. on March 30, 2009, at 9:00 a.m. Def.’s Mot. 3. She was also scheduled to see another client at 10:00 a.m. with Ms. Lea. Def.’s Mot. Ex. 1, at 112. At some point before her appointments, Plaintiff decided that she was not going in to work. Id. at 96. Because she was only “a student learning,” Plaintiff felt that K.A. was not under her direct care. Id. at 102. She assumed K.A. would be taken care of by “[w]hoever was assigned that day.” Id. at 103. So on March 30, 2009, at 7:18 a.m., Plaintiff sent the following email to Ms. Atkinson: “Katie, I am unable to make it to the clinic today.” Def.’s Mot. Ex. 12. Aside from her name, she wrote nothing else. Plaintiff also emailed Ms. Lea to cancel her 10:00 a.m. appointment. She wrote, “Hi Sue, I am unable to make it to the clinic today. I know you planned on working with S.S. today so I hope everything goes well. I am sorry for the short notice.” Def.’s Mot. Ex. 13. Plaintiff did not email Ms. Lea hours earlier when she emailed Ms. Atkinson, just after 7:00 a.m. She sent the email at 9:51 a.m., only nine minutes before her scheduled appointment. Id. Due to Plaintiffs short notice, both K.A. and S.S. were sent home without receiving treatment. Def.’s Mot. Exs. 1, at 118; 4, at 48. Ms. Atkinson wrote in an email Plaintiffs actions threw the entire clinic into “potential chaos.” PL’s Resp. Ex. 3, at 7.

Plaintiff eventually made it to campus that day. Def.’s Mot. Ex. 1, at 119. She placed notes from her clinical sessions, along with discharge papers from her work with J.C., in Ms. Atkinson’s mail slot. Id. at 119-20. Plaintiff also left all of K.A.’s testing materials. E-mail from Kathryn Atkinson (March 30, 2009), ECF No. 21 Ex. 2, at 1. Ms. Atkinson emailed Plaintiff to inquire about the delivery. Id. She noted that all the paperwork was incomplete, and asked for clarification. Id. Plaintiff responded, only five minutes later, that she was “not continuing with the program.” E-mail from Plaintiff (March 30, 2009), ECF No. 21 Ex. 2, at 2. Ms. Atkinson then expressed frustration to Ms. Jack concerning Plaintiffs failure to finalize her notes before “dropping out of the program.” E-mail from Kathryn Atkinson (March 30, 2009), ECF No. 21 Ex. 2, at 2. Plaintiff then skipped a meeting with Dr. Ratcliff on March 31, and left a “load of INCOMPLETE paperwork” in her mail file as well. Def.’s Mot. Ex. 15.

Marie Kenworthy, an undergraduate student assigned to “shadow” Plaintiff during the clinical sessions, commented on Plaintiffs work. Def.’s Mot. Ex. 47, at 2. She said working under Plaintiff was “very disappointing.” Id. According to Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
897 F. Supp. 2d 556, 2012 WL 4372528, 2012 U.S. Dist. LEXIS 137151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephenson-v-central-michigan-university-mied-2012.