Thompson v. Ohio State University

92 F. Supp. 3d 719, 2015 U.S. Dist. LEXIS 20552, 2015 WL 736453
CourtDistrict Court, S.D. Ohio
DecidedFebruary 20, 2015
DocketCase No. 2:12-cv-1087
StatusPublished
Cited by3 cases

This text of 92 F. Supp. 3d 719 (Thompson 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
Thompson v. Ohio State University, 92 F. Supp. 3d 719, 2015 U.S. Dist. LEXIS 20552, 2015 WL 736453 (S.D. Ohio 2015).

Opinion

OPINION AND ORDER

GREGORY’ L. FROST, District Judge.

This matter is before the Court for consideration of Defendants’ motion for summary judgment (ECF No. 69), Plaintiffs memorandum in opposition (ECF No. 92), and Defendant’s reply memorandum (ECF No. 93). For the reasons that follow, the Court GRANTS the motion.

I. BACKGROUND

Plaintiff Tracy Thompson is an African-American female. In her complaint, Plaintiff alleges that she suffered a series of injustices during the time she was pursuing a Master’s degree in Health Administration (the “Program”) at the Ohio State University (“OSU”).

Defendant Sharon Schweikhart, Ph.D., is a professor in OSU’s College of Public Health. Dr. Schweikhart, who is a Caucasian female, has been a professor with OSU since 1990.,

Plaintiff communicated with Dr. Schweikhart prior to enrolling in the Program. According to Dr. Schweikhart, she helped Plaintiff get into the Program by helping her strengthen her candidacy and later advocating to the Dean of the Graduate School on Plaintiffs behalf. According to Plaintiff, Dr. Schweikhart did not help her get into the Program, but instead misled Plaintiff about the prerequisites for admission to the Program. Plaintiff testified that she believes Dr. Schweikhart misled her about the academic requirements for admission to the Program because of Plaintiffs race.

Plaintiff was accepted into the Program.. She, along with approximately thirty other' students, enrolled in the Program in the fall of 2009. Plaintiff was the only African-American student in her class, although it appears from the record that there were other minority students in the class. The Program typically takes two years to complete; accordingly, Plaintiff planned to graduate from the Program in the spring of 2011.

During the fall 2009 quarter, Plaintiff took Dr. Schweikhart’s Operations Management for Health Services Organizations class. Plaintiff received a failing grade on the midterm. When she went to talk to Dr. Schweikhart about how to improve her grade, Dr. Schweikhart told her to “figure it out.” Plaintiff asserts that this comment reflects Dr. Schweikhart’s animosity towards her.1

Plaintiff received a B as her final grade. That grade was the lowest grade handed out in Dr. Schweikhart’s class that quarter. Four other students also received a B as their final grade, while thirty-two students received grades higher than a B.

Notwithstanding Plaintiffs grade, on October 6, 2010, Dr. Schweikhart wrote several letters of recommendation to potential employers on Plaintiffs behalf. In those letters, Dr. Schweikhart indicated that the faculty had selected Plaintiff to represent the Program in a national competition. Dr. Schweikhart also made sev[724]*724eral positive comments about Plaintiffs experience and capabilities.

During this time (the fall quarter of 2010), Plaintiff was enrolled in a second class taught by Dr. Schweikhart. This class, called Health Care Information Systems, required students to submit an individual paper assignment. Plaintiff submitted her assignment on November 24, 2010.

According to Dr. Schweikhart, Plaintiffs submission stood out as unusual compared to the other students’ submissions. Dr. Schweikhart typed some of the seemingly anomalous phrases into Google and made the following discoveries: (1) portions of Plaintiffs paper matched sources that she had not cited, (2) portions of Plaintiffs paper contained direct quotes from other sources, but did not contain quotation marks around those quotes, (3) some of the articles Plaintiff did cite were different from the actual source, (4) portions of Plaintiffs paper contained direct (or nearly direct) quotes from sources cited in the reference section, and (5) several sections of Plaintiffs paper cited sources with no discernible connection to the content of that section.

Plaintiff characterizes the incident as one in which she used an informal citation style. Plaintiff argues that she “pulled language directly from sources, but did not use quotes around the language, but rather, simply cited to the source in footnotes,” which was a “common practice” in Dr. Schweikhart’s courses. (ECF No. 92, at 4.) Plaintiff does not, however, directly dispute Dr. Schweikhart’s version of the facts on this issue (such as the facts that Plaintiff failed to cite some sources at all and cited other sources only in the reference section of her paper). Plaintiff similarly does not present any evidence other than her own testimony that such actions were “common practice” in Dr. Schweikhart’s class.2 Finally, Plaintiff does not dispute that her actions constituted plagiarism within the meaning of OSU’s Code of Student Conduct.

Dr. Schweikhart reported the suspected plagiarism to the Committee on Academic Misconduct (“COAM”). Dr. Schweikhart’s email to the COAM stated:

I am sending [this] to COAM because the situation surrounding this paper and this student[’s] situation is somewhat troubling. The student has performed quite well and appropriately in previous courses.... Further, the student has had a difficult and stressful quarter, with her mother being very ill and a job search in progress. I do not believe the student should be suspended, as it would delay graduation by a full year if the student cannot take courses in winter or spring quarter.

(ECF No. 71-1, at PAGEID # 963.)

The COAM, which is a neutral panel composed of faculty members and students, investigated Dr. Schweikhart’s referral. ' On January 5, 2011, the COAM formally charged Plaintiff with plagiarism and with failure to comply with course/program policies and/or guidelines. The COAM scheduled a hearing on Plaintiffs case.

At some point before the hearing, Plaintiff met with OSU’s human resources department to discuss her issues regarding Dr. Schweikhart. Plaintiff informed the human resources representative that she wanted to meet with Dr. Schweikhart to [725]*725resolve the issues in order to ensure that she could graduate in the spring.

On January 27, 2010, a COAM panel of five neutral faculty and students heard Plaintiffs case. Dr. Schweikhart was not a part of the hearing panel. Defendant Ann Salimbene, the Associate Dean of the Graduate School, was present at the hearing but did not participate.

Plaintiff had an opportunity at the hearing to present a written position statement and answer questions. Plaintiff did not mention her concerns about race discrimination during the hearing or in her written statement to the panel. In fact, in her written statement to the panel, Plaintiff stated: “I am pleased that Dr. Schweik-hart did bring forth the fact that I am a good student” and “I also appreciate Dr. Schweikhart’s statement that I should not be suspended.” (ECF No. 70-3, at PA-GEID # 835-86.) Plaintiff was not permitted to offer evidence during the hearing that other students also had committed plagiarism in Dr. Schweikhart’s class.

The COAM panel found Plaintiff guilty of both charges. The panel informed Plaintiff of that fact on January 27, 2011. Notwithstanding Dr. Schweikhart’s comments, the panel sanctioned Plaintiff by giving her a failing grade for the course and a two-quarter suspension. The suspension, which was handed down during the winter quarter, would cover the spring and summer quarters.

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Related

Kesterson v. Kent State Univ.
345 F. Supp. 3d 855 (N.D. Ohio, 2018)
Tracy Thompson v. The Ohio State University
639 F. App'x 333 (Sixth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
92 F. Supp. 3d 719, 2015 U.S. Dist. LEXIS 20552, 2015 WL 736453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-ohio-state-university-ohsd-2015.