Tatro v. University of Minnesota

816 N.W.2d 509, 2012 WL 2328002, 2012 Minn. LEXIS 246
CourtSupreme Court of Minnesota
DecidedJune 20, 2012
DocketNo. A10-1440
StatusPublished
Cited by25 cases

This text of 816 N.W.2d 509 (Tatro v. University of Minnesota) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tatro v. University of Minnesota, 816 N.W.2d 509, 2012 WL 2328002, 2012 Minn. LEXIS 246 (Mich. 2012).

Opinion

OPINION

MEYER, Justice.

When appellant Amanda Tatro was a junior in the Mortuary Science Program at respondent University of Minnesota, she posted statements on Facebook, a social networking site, which she has described in court filings as “satirical commentary and violent fantasy about her school experience.” After becoming aware of these posts, a faculty member referred the matter to the Office for Student Conduct and Academic Integrity. Following a hearing, the Campus Committee on Student Behavior (CCSB) found that Tatro had violated the Student Conduct Code and academic program rules governing the privilege of access to human cadavers. The CCSB imposed sanctions, which included a failing grade for an anatomy laboratory course. The University Provost affirmed the sanctions. On appeal, among other issues, Ta-tro argued that the University violated her constitutional rights to free speech by disciplining her for Facebook posts. The court of appeals upheld the disciplinary sanctions. We affirm the court of appeals’ decision on the free speech issue, but use a different analysis. We hold that the University did not violate the free speech rights of Tatro by imposing sanctions for her Facebook posts that violated academic program rules where the academic program rules were narrowly tailored and directly related to established professional conduct standards.

The Mortuary Science Program is a Bachelor of Science program for upper-class undergraduate students. The Program Director testified that the primary purpose of the program — its “mission” — is [512]*512to prepare students to be licensed funeral directors and morticians. The Mortuary Science Program requires students to pass science, business, psychology, and technical courses, as well as laboratory courses in anatomy, embalming, and restorative art. Students also must complete a clinical rotation at a funeral home.

The laboratory courses use human cadavers from the University’s Anatomy Bequest Program. The Anatomy Bequest Program relies on individuals who volunteer to donate their bodies after death to the University. The Mortuary Science Program is one of several University departments, including medicine, dentistry, physical therapy, occupational therapy, and medical device engineering, which use human cadavers for teaching and research purposes.

In the fall of 2009, Tatro was enrolled in the three required laboratory courses. At the beginning of the semester, she received orientation and instruction in the policies of the Anatomy Bequest Program, and the rules governing the laboratory courses. Tatro then signed the Anatomy Bequest Program Human Anatomy Access Orientation Disclosure Form, acknowledging that she understood and agreed to comply with the program rules, as well as “additional laboratory policies” stated in the course syllabus. Without signing the form, Tatro would not have been allowed to participate in the laboratory courses.

The course syllabus for the anatomy lab included rules “set up to promote respect for the cadaver.” The anatomy lab rules allowed “respectful and discreet” “[c]on-versational language of cadaver dissection outside the laboratory,” but prohibited “blogging” about the anatomy lab or cadaver dissection. The instructor for the anatomy lab course testified that “blogging” was intended to be a broad term and that she explained to the students during orientation that blogging included Face-book and Twitter. Students were advised that “[f|ailure to adhere to these rules may result” in the student’s “eviction” from the anatomy lab and the course.

On December 11, 2009, Tatro’s Face-book activity was brought to the attention of the Mortuary Science Program Director. The activity at issue was a series of writings on Tatro’s Facebook page, commonly known as “posts” or “status updates.” At the time of these posts, Tatro’s Facebook privacy settings allowed her “friends” and “friends of friends” to see what she had posted. Tatro had “hundreds” of Facebook friends.

The University’s discipline of Tatro has focused on the following four posts:

• Amanda Beth Tatro Gets to play, I mean dissect, Bernie today. Let’s see if I can have a lab void of reprimanding and having my scalpel taken away. Perhaps if I just hide it in my sleeve ... [November 12, 2009]
• Amanda Beth Tatro Is looking forward to Monday’s embalming therapy as well as a rumored opportunity to aspirate. Give me room, lots of aggression to be taken out with a trocar. [December 6, 2009]
• Amanda Beth Tatro Who knew embalming lab was so cathartic! I still want to stab a certain someone in the throat with a trocar though. Hmm ... perhaps I will spend the evening updating my “Death List # 5” and making friends with the crematory guy. I do know the code ... [December 7, 2009]
• Amanda Beth Tatro Realized with great sadness that my best friend, Bernie, will no longer be with me as of Friday next week. I wish to accompany him to the retort. Now where will I go or who will I hang with when I need to gather my sanity? Bye, bye [513]*513Bernie. Lock of hair in my pocket. [Undated.]

“Bernie” was the name that Tatro had given to the human cadaver on which she and her anatomy laboratory group members were training. Tatro testified that “Death List # 5” is a reference to one of her favorite movies, Kill Bill, and the phrase “Lock of hair in my pocket” is a reference to a song by the Black Crowes, one of her favorite bands.

On the morning of December 14, 2009, the Director of the Mortuary Science Program and other staff members met to discuss Tatro’s Facebook posts. The Director testified that “[t]here was a lot of fear” surrounding Tatro’s post about stabbing someone with a trocar2 and hiding a scalpel in her sleeve. According to the Director, the staff members “were very much concerned for their safety,” particularly given other well-known episodes of school violence outside of Minnesota. Based on these safety concerns, the Director called the University police. The Director and a University police officer met with Tatro at the University. The Director told Tatro to stay away from the Mortuary Science Department and staff members while the matter was being investigated. University police ultimately determined that no crime had been committed.

Tatro, believing that she had been suspended, attempted to bring attention to her punishment by reporting the incident to, and sharing her Facebook posts with, the news media. After Tatro appeared on local television stations, the Anatomy Bequest Program received letters and calls from donor families and the general public who expressed concerns about Tatro’s lack of professionalism, poor judgment, and immaturity. Others questioned the University about the steps it would take to prevent something like this from happening in the future.

On December 16, two days after the Mortuary Science staff meeting, the Director of the Office of Student Conduct and Academic Integrity (OSCAI) informed Tatro that she could return to school to complete her coursework and take her final examinations. The instructor of the anatomy lab course testified that if the timing of these events had been different — not on the eve of finals — she would not have allowed Tatro to come back to the lab or take the final examination and Tatro would not have passed the course. But the instructor consulted the OSCAI, which advised her to let Tatro take the final because “there’s going to be some process here.”

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Bluebook (online)
816 N.W.2d 509, 2012 WL 2328002, 2012 Minn. LEXIS 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tatro-v-university-of-minnesota-minn-2012.