Cornelius-Millan v. Caribbean Univ., Inc.

261 F.Supp.3d 143

Pedro CORNELIUS–MILLAN, Plaintiff,

v.CARIBBEAN UNIVERSITY, INC., et al., Defendants.

Civil No. 13–1873 (BJM)

United States District Court, D. Puerto Rico.

Signed May 18, 2016

Yolanda Cappas–Rodriguez, Nydia Gonzalez–Ortiz, Santiago & Gonzalez Law Office, Yauco, PR, for Plaintiff.

Luis Enrique Romero–Nieves, Cuevas Kuinlam, Marquez & O'Neil, Jeannette M. Lopez, Oliveras & Ortiz, PSC, San Juan, PR, Carlos G. Martinez–Vivas, Martinez–Texidor & Martinez–Vivas, Ponce, PR, for Defendants.

OPINION AND ORDER

BRUCE J. McGIVERIN, United States Magistrate Judge

Following a brawl between Pedro Cornelius–Millan ("Cornelius") and Professor Luis Estades ("Estades"), Caribbean University, Inc. ("Caribbean" or "the University") expelled Cornelius from the University. Cornelius brought this action against Caribbean, Estades, and other named defendants, alleging race discrimination and retaliation in violation of Title VI of the Civil Rights Act of 1964 ("Title VI"), 42 U.S.C. § 2000d, slanderous defamation in violation of Puerto Rico law, and several other claims. Docket No. 3. Defendants previously moved for judgment on the pleadings, and only two claims survived: the Title VI retaliation claim against Caribbean and the slander claim against Estades. Docket No. 52. Caribbean and Estades each moved for summary judgment, Docket Nos. 70, 74, 91–1, 92–1, and Cornelius opposed. Docket Nos. 81, 87. The case is before me on consent of the parties. Docket No. 60.

For the following reasons, the motions for summary judgment are GRANTED .

SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate when the movant shows "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A dispute is "genuine" only if it "is one that could be resolved in favor of either party." Calero–Cerezo v. U.S. Dep't of Justice , 355 F.3d 6, 19 (1st Cir. 2004). A fact is "material" only if it "might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions" of the record materials "which it believes demonstrate the absence" of a genuine dispute of material fact. Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The court does not act as trier of fact when reviewing the parties' submissions and so cannot "superimpose [its] own ideas of probability and likelihood (no matter how reasonable those ideas may be) upon" conflicting evidence. Greenburg v. P.R. Mar. Shipping Auth. , 835 F.2d 932, 936 (1st Cir. 1987). Rather, it must "view the entire record in the light most hospitable to the party opposing summary judgment, indulging all reasonable inferences in that party's favor." Griggs–Ryan v. Smith , 904 F.2d 112, 115 (1st Cir. 1990). The court may not grant summary judgment "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson , 477 U.S. at 248, 106 S.Ct. 2505. But the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts," Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), and may not rest upon "conclusory allegations, improbable inferences, and unsupported speculation." Medina–Muñoz v. R.J. Reynolds Tobacco Co. , 896 F.2d 5, 8 (1st Cir. 1990).

BACKGROUND

Except where otherwise noted, the following facts are drawn from the parties' Local Rule 56¹ submissions.²

Caribbean is a non-profit private university that offers undergraduate and graduate degree programs via four campuses in Puerto Rico: Bayamon, Carolina, Ponce, and Vega Baja. Compl. ¶ 3.1; Docket No. 73–7 at 2. Ana Cucurella Adorno ("Cucurella") is the University's President; Sonia Pacheco Collado ("Pacheco") is the University's Academic Director for the Ponce campus; and Estades is a professor who teaches at the Ponce campus. CSUF ¶¶ 1, 3, 46. Cornelius, a black student, was enrolled in Caribbean's undergraduate engineering program and attended classes at the University's campus in Ponce, Puerto Rico. Compl. ¶ 3.0.

Cornelius first met Estades when he enrolled in his Surveying course, a semester-long class that began in January 2012. CSUF ¶ 1; FSCF ¶ 1. During this course, Estades made somewhat critical comments about Cornelius's work: that his nails would get dirty if he used the instruments in a certain way; that he was hesitant to pick up or carry the instruments; that he relied on other students to do the work; and that he did not want to do the work. CSUF ¶ 4. Toward the end of the semester, sometime around May 2012, Estades and Cornelius got into an argument in the University's library. FSCF ¶¶ 3–7. Seemingly challenging Cornelius to a fight, Estades asked Cornelius to accompany him outside so they could "solve this right now." FSCF ¶ 4. Apparently up for the challenge, Cornelius followed Estades outside. FSCF ¶ 4. After exchanging a few words, the standoff diffused and the two went on their way. FSCF ¶ 5. Cornelius did not report to the University the incidents up to this juncture, and claimed he did not do so because he planned to take Estades's Advanced Surveying course. FSCF ¶ 7.

The following semester, Cornelius enrolled in Advanced Surveying, which was held from August to December 2012. ESUF ¶ 2. Around the end of December 2012 or early January 2013, Cornelius learned that he received a "B" as his final grade in Advanced Surveying. ESUF ¶ 3. He thought he had earned 100% of the points for the class and so did not agree with the percentage points he actually received: 87%. ESUF ¶¶ 4–5. He challenged that grade when the new semester began in 2013 by submitting the necessary form to the University's Registrar's Office. ESUF ¶¶ 5, 7. Though he does not recall anything that he included in the form, he is sure that he did not immediately receive a response from the University. ESUF ¶¶ 8–9.

On the afternoon of February 12, 2013, Cornelius was in the University's library with a fellow student, Jean Carlos Ayala ("Ayala"), who also had requested a grade change from Estades. ESUF ¶ 10. Estades approached them to discuss each of their requested grade revisions, starting with Ayala. ESUF ¶ 12. As the two discussed the matter, Estades started to "get mad." ESUF ¶ 13. At this point, Cornelius interjected to discuss his request for a grade change. ESUF ¶ 13. Irked by the interjection, Estades told Cornelius, "Shut up, you cocky man," and continued talking with Ayala. ESUF ¶ 13. In Cornelius's presence, Estades next told Ayala that Cornelius was a "cocky man" and "little crybaby." ESUF ¶ 14. Estades continued to insult Cornelius, became angrier, and challenged him to go outside because they were going to "solve this as men." ESUF ¶¶ 15–16.

Apparently accepting the challenge, Cornelius followed him into the library's lobby area. ESUF ¶ 17. Cornelius told Estades that he "was not well" and that he was "as much of a professor as" Estades. ESUF ¶ 17. Upon hearing this, Estades became even angrier, called Cornelius an "asshole," and asked him to go outside so that he could "break Cornelius's face." ESUF ¶ 18. Cornelius followed Estades into an outdoor patio area, where Estades called Cornelius a "cocky black man" and leveled a "full-swing slap" onto Cornelius's face and chest. ESUF ¶¶ 19–21. Estades then "got in Cornelius's face," prompting Cornelius to hit him, in his words, "as men fight." ESUF ¶ 21. Once the scuffle ended and the dust cleared, Cornelius apparently had gotten the better of Estades: the latter's face was bloodied and his eyes injured, while Cornelius remained virtually unscathed. ESUF ¶¶ 22–25.

Following the bout, and in the presence of Ayala, other professors, and university personnel, Estades claimed that Cornelius had hit him from behind "like a traitor." ESUF ¶ 26. Also at that time Estades told Cornelius that he was a "homosexual," "cocky man," "little lady," "little woman," "crybaby," "black man," and "asshole." ESUF ¶ 27. He also expressed that Cornelius "does not have what it takes to be an engineer." ESUF ¶ 32; FSCF ¶ 29. Cornelius had the police summoned; upon their arrival, the police spoke with Pacheco, the University's Academic Director for the Ponce campus. CSUF ¶ 24; FSCF ¶ 25. Thereafter, Cornelius was approached by Caribbean's security guards and told that, per Pacheco's order, he was expelled from the University and had to leave immediately. CSUF ¶ 25. After speaking with the police about the incident, Cornelius refused to leave the University's campus and went to his evening class. CSUF ¶¶ 27–29.

Pacheco arrived to the classroom accompanied by two of the University's security guards and asked Cornelius to leave. CSUF ¶ 30. Cornelius exited the classroom and was escorted away from the campus by Pacheco. CSUF ¶ 31. At that time, Pacheco informed Cornelius that he had actually been summarily suspended for five days, and that he would have to meet with Ramon Vazquez, Director of the Dean's Office, before being allowed to return. CSUF ¶¶ 31, 35; Docket No. 73–7 at 2 (identifying Vazquez's position with the University). She also told Cornelius that, per the University's handbook, an internal investigation would be conducted by a Disciplinary Committee. CSUF ¶ 36. On February 13, Pacheco sent Cornelius a letter confirming his five-day suspension from Caribbean. CSUF ¶ 37. Docket No. 73–5.

Following the University's regulations, Caribbean conducted an investigation into the altercation, which included an opportunity for Cornelius to challenge his suspension. CSUF ¶ 39; Docket No. 73–7. On February 15, an informal hearing was held before a Disciplinary Committee, and Cornelius was asked to attend. Docket No. 73–7. Present at the hearing were Pacheco, an attorney for the University, and ...