Williams v. Pace University

192 F. Supp. 3d 415, 2016 WL 3360523, 2016 U.S. Dist. LEXIS 78619
CourtDistrict Court, S.D. New York
DecidedJune 16, 2016
Docket15-cv-1424 (PKC)
StatusPublished
Cited by2 cases

This text of 192 F. Supp. 3d 415 (Williams v. Pace University) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Pace University, 192 F. Supp. 3d 415, 2016 WL 3360523, 2016 U.S. Dist. LEXIS 78619 (S.D.N.Y. 2016).

Opinion

MEMORANDUM AND ORDER

P. Kevin Castel, United States District Judge

Nicolette Williams, formerly a graduate student in the Dyson College of Arts and Sciences at Pace University (“Pace”), brings a discrimination claim against Pace pursuant to Title VI of the Civil Rights Act of 1964. 42 U.S.C. § 2000(d). Williams alleges that because she is African-American Pace gave her a failing grade on her Comprehensive Examination, thereby preventing her from receiving the degree of Master of Arts in Media and Communication Arts. Pace maintains that Williams received a failing grade because one of her three essays lacked the detail required for a passing grade and that she failed to respond to some of the specific questions posed. Each side had a full and fair opportunity to develop support for their side’s case in the course of pretrial discovery. Pace now moves for summary judgment on Williams’ claim pursuant to Rule 56, Fed. R. Civ. P., on the grounds that she has failed to show a prima facie case of race discrimination and/or failed to show that Pace’s non-discriminatory explanation for the failing grade was pretextual. For reasons that will be explained, Pace’s motion for summary judgment is granted.

BACKGROUND.

The following facts are taken from materials submitted by each side in connection with the summary judgment motion and are undisputed. Costello v. City of Burlington, 632 F.3d 41, 45 (2d Cir.2011). All reasonable inferences are drawn in favor of the plaintiff, as the non-movant.

Nicolette Williams, an African-American woman, applied to Pace University’s Master of Arts in Media and Communication Arts program (the “MCA Program”) in November 2011 and was denied admission in January 2012. (Plaintiffs Response to Defendant’s Local Civil Rule 56.1 Statement (“P’s 56.1”) ¶ 14). After her application was- rejected, Williams contacted Dr. Maria Luskay, the Director of the MCA Program, to -inquire why Pace did not admit her. (P’s 56.1 ¶ 15). In response, Dr. Luskay personally reviewed Williams’ application and decided to admit her into the MCA Program as a “provisionally-matriculated student.” (P’s 56.1 ¶ 16). Provisionally-matriculated students “are required to achieve a ‘B’ or better average for the first six credits of graduate study. Upon successful completion of this requirement, [the student’s] status will be changed to that of a fully matriculated student.” (Declaration of Edward Cerasia II (“Cerasia Decl.”), Ex. B at 3). Williams eventually achieved the status of a fully matriculated student. (P’s 56.1 ¶ 17).

The MCA Program is a two-year Master’s program during which students must complete twenty credit hours of core course work and sixteen hours of elective course work, must participate in an internship, and must pass a “Comprehensive Examination.” (P’s 56.1 ¶¶ 4-5). By the spring of 2014, Williams had completed all of the coursework required for her Master’s degree, achieving a cumulative grade point average of 3.50. (P’s 56.1 ¶ 27; Cerasia Deck, Ex.- B at 6). She also had successful[418]*418ly completed the internship requirement. (P’s 56.1 ¶27). Williams needed only to pass the Comprehensive Examination to receive her degree. (P’s 56.1 ¶ 27).

The Comprehensive Examination consists of two or three essay questions covering at least three subject areas within the MCA Program, which students must complete within four hours. (P’s 56.1 ¶ 8). Dr. Luskay, along with a faculty committee, select the essay questions for each student’s exam. (P’s 56,1 ¶¶ 7, 9). One of those essay questions must come from a “core course” in the MCA Program. (P’s 56.1 ¶ 8).

MCA Program professors who teach the courses that are tested on each student’s Comprehensive Examination write the attendant essay questions and grade the student’s answers to those questions. (P’s 56.1 ¶ 10). Each exam question is scored on a pass/fail rubric that includes four possible grades: “pass excellent;” “pass good;” “fail fair;” and, “fail poor.” (P’s 56.1 ¶.38; Cera-sia Decl., Ex. B at 22-23). The Comprehensive Examinations are not graded anonymously. (P’s 56.1 ¶ 37). The professors who grade each question submit their final grades and any related comments to Dr. Luskay for review. (P’s 56.1 ■ ¶ 11). Ultimately, Dr. Luskay decides whether a student passed or failed the exam. (P’s 56.1 ¶¶ 11-12).

The Comprehensive Examination faculty committee, composed of Dr. Michelle Pulaski Behling, Dr. Paul Ziek, and Dr. Lus-kay, chose three essay questions for Williams’ Comprehensive Examination. (P’s 56.1 ¶¶ 31-32). They drew those questions from Williams’ Media Relations, Blogging for a Better Planet, and Industry Theory and Practice courses. (P’s 56.1 ¶ 32). Industry Theory and Practice, is a core course in the MCA Program. .(P’s 56.1 ¶32), The Industry Theory and Practice question was given greater weight on the exam because it was drawn from a “core course,” but neither Williams nor any other student was informed of the weighting of particular questions. (P’s 56.1 ¶ 67).

Williams studied for the Comprehensive Examination for months. (P’s 56.1 ¶34). During her preparation, Williams asked the MCA Program professors questions about the exam and stated at her deposition that those professors did not treat her differently than any other student. (P’s 56.1 ¶34). Williams does claim, however, that some member of the Pace faculty told her that the focus of the Comprehensive Examinátion would be on spelling and grammar. (Declaration of Nicolette Williams (‘Williams Deck”) ¶ 5). Williams sat for the Comprehensive Examination in May 2014 with nine other students, (P’s 56.1 ¶ 35), two of whom were also African-American, (P’s 66.1 f 98). Williams and the other two African-American students failed their Comprehensive Examinations; the other seven students passed. (P’s 56.1 ¶¶ 59, 98).

Williams performed differently on each of the three examination questions. On the Media Relations question, Professor. Mark Bruce gave Williams a grade of “pass good.” (P’s 56.1 ¶ 40). On the Blogging for a Better Planet question, Professor Andrew Revkin gave Williams “a passing grade ... on the cusp of a ‘fail fair’ grade.” (P’s 56.1 ¶ 43). And, on the Industry Theory and Practice question, Dr. Pulaski Behling gave Williams a “fail fair” grade. (P’s 56.1 ¶ 47). After consulting with the faculty committee, Dr. Luskay gave Williams a failing grade on the Comprehensive Examination because Williams “failed the core course question for Industry Theory and Practice, which is a fundamental course for the MCA Program, as well as the fact that she barely passed the blogging question.” (Declaration of Dr. [419]*419Maria T. Luskay (“Luskay Deck”) ¶¶21-22).

The other two African-American students did not complete their entire exam. (Luskay Decl. ¶ 28). They did, however, retake the exam the next semester, passed it, and received their degrees from Pace. (Luskay Deck ¶ 28). On the retake exam, one of the other African-American students received a passing grade on a question written and graded by Dr. Pulaski Behling. (P’s 56.1 ¶ 101).

On May 17, 2014, Dr. Luskay informed Williams that she did not pass the Comprehensive Examination and that she should retake the exam the next semester. (P’s 56.1 ¶ 62). Williams emailed Dr. Lus-kay expressing her surprise and disappointment that she had failed the exam and asking Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
192 F. Supp. 3d 415, 2016 WL 3360523, 2016 U.S. Dist. LEXIS 78619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-pace-university-nysd-2016.