Tatro v. University of Minnesota

800 N.W.2d 811, 2011 Minn. App. LEXIS 87, 2011 WL 2672220
CourtCourt of Appeals of Minnesota
DecidedJuly 11, 2011
DocketNo. A10-1440
StatusPublished
Cited by5 cases

This text of 800 N.W.2d 811 (Tatro v. University of Minnesota) is published on Counsel Stack Legal Research, covering Court of Appeals 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, 800 N.W.2d 811, 2011 Minn. App. LEXIS 87, 2011 WL 2672220 (Mich. Ct. App. 2011).

Opinion

OPINION

BJORKMAN, Judge.

Relator challenges respondent university’s disciplinary sanctions, arguing that the university’s imposition of sanctions was unauthorized, arbitrary, and violated her constitutional rights. Because we conclude [814]*814that the university properly exercised its authority to address relator’s off-campus conduct and did not violate relator’s free-speech right, and because the evidence supports the university’s finding that relator violated university rules, we affirm.

FACTS

Relator Amanda Tatro is a student in the mortuary-science program at respondent University of Minnesota. The program prepares students to become funeral directors or morticians, and includes laboratory courses in anatomy, embalming, and restorative art. The laboratory courses utilize cadavers donated through the university’s anatomy-bequest program. Before taking the laboratory courses, Ta-tro participated in an orientation program that addressed appropriate conduct with respect to anatomy-bequest-program donors.1 She signed a disclosure form indicating that she understood and agreed to abide by the program rules.

During November and early December 2009, Tatro posted the following on her Facebook page:

Amanda Beth Tatro Gets to play, I mean dissect, Bernie[2] today. Lets 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....
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.f3]
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.[4] Hmm.. .perhaps I will spend the evening updating my “Death List # 5” and making friends with the crematory guy. I do know the code....
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 Bernie. Lock of hair in my pocket.

Tatro’s Facebook settings allowed her “friends” and “friends of friends” to view these postings; Tatro acknowledges that this group includes hundreds of people.

On December 11, 2009, a mortuary-science student who also worked for the anatomy-bequest program reported concerns about Tatro’s Facebook posts. On December 14, Michael Lubrant, director of the mortuary-science program, met with department faculty about the posts and notified the university police. Lubrant also informed Tatro that she was not to return to class until further notice. Tatro contacted the media in response. The police ultimately concluded that no crime had been committed, and Tatro was told she could return to class a few days later.

On December 29, the university’s office for student conduct and academic integrity submitted a formal complaint against Ta-[815]*815tro, alleging violations of the university’s student-conduct code. The complaint alleged Tatro engaged in threatening, harassing, or assaultive conduct, in violation of section V, subdivision 6, of the code, and that she violated subdivision 16 by engaging in conduct contrary to university rules related to the mortuary-science program, anatomy-laboratory course rules, and the rules listed on the anatomy-bequest-program disclosure form.

On March 25, 2010, a panel of the campus committee on student behavior (CCSB) held a hearing. Tatro’s attorney challenged the committee’s jurisdiction and requested a continuance, but the panel proceeded with the hearing. The panel heard testimony from Tatro and several other witnesses, including Lubrant; Angela McArthur, Tatro’s professor for the anatomy-laboratory course; embalming-laboratory instructor Jody LaCourt; and another mortuary-science student.

On April 2, the CCSB issued a written decision finding Tatro responsible for the violations and imposing several sanctions, including giving Tatro a failing grade in her anatomy-laboratory class and requiring her to enroll in a clinical ethics course; write a letter to mortuary-science department faculty addressing the issue of respect within the department and profession; and complete a psychiatric evaluation. The CCSB also placed Tatro on academic probation for the remainder of her undergraduate career.

Tatro appealed the decision to the provost’s appeal committee (PAC), which recommended that the CCSB’s determinations and sanctions be upheld. The provost issued a final decision affirming the CCSB’s findings and sanctions, emphasizing that Tatro’s posts “were disrespectful, unprofessional, and reasonably interpreted as threatening.” This certio-rari appeal follows.

ISSUES

I. Did the university have authority to conduct the disciplinary hearing?

II. Does evidence support the determination that Tatro violated university rules?

III. Did the university violate Tatro’s constitutional rights?

IV. Did the university have authority to change one of Tatro’s course grades as one of the disciplinary sanctions?

ANALYSIS

Tatro challenges the university’s consideration and imposition of disciplinary sanctions, arguing that the university’s rules did not authorize the university to act and that its actions were arbitrary, lacked evi-dentiary support, and violated her constitutional right to free speech. She requests that we reverse, with instructions to the university to dismiss all charges, remove her from probation, expunge any record of discipline from her academic file, and restore her passing grade in her anatomy-laboratory course.5

Appellate courts generally defer to university decisions in student discipline matters. Bailey v. Univ. of Minn., 290 Minn. 359, 360-61, 187 N.W.2d 702, 703-04 (1971); see also Bd. of Regents v. Reid, 522 N.W.2d 344, 346 (Minn.App.1994) (noting that as a “constitutional arm of Minnesota state government,” the university occupies [816]*816a “unique position,” and its governing body is “generally free of legislative, executive, or judicial interference as long as it properly executes its duties”), review denied (Minn. Oct. 27, 1994). And courts generally exercise great restraint in cases involving academic discipline that does not result in expulsion or suspension. Zellman ex rel. M.Z. v. Indep. Sch. Dist. No. 2758, 594 N.W.2d 216, 220 (Minn.App.1999), review denied (Minn. July 28,1999). Accordingly, our review of a university decision is

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Bluebook (online)
800 N.W.2d 811, 2011 Minn. App. LEXIS 87, 2011 WL 2672220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tatro-v-university-of-minnesota-minnctapp-2011.