Kostin v. Bucks Cmty. Coll. (Nursing Dep't)

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AIA KOSTIN, Plaintiff, v. BUCKS COMMUNITY COLLEGE (NURSING DEPARTMENT), et al., Defendants.

Civil Action No. 21-850-KSM

United States District Court, E.D. Pennsylvania

March 30, 2022

MEMORANDUM

MARSTON, J.

Pro se Plaintiff Aia Kostin sues Defendants Bucks County Community College (“BCCC”), and two BCCC employees, Dr. Constance Corrigan (Dean of BCCC's Department of Health Sciences) and Mary Dura (a professor in BCCC's Nursing Department) (collectively “Defendants”), after Defendants dismissed her from BCCC's Nursing Program. (Doc. No. 9.) Ms. Kostin brings claims for negligence, intentional infliction of emotional distress (“IIED”), and breach of contract under state law. (Id.) She also alleges that Defendants violated her constitutional rights, asserting procedural and substantive due process claims, a freedom of speech retaliation claim, and an equal protection claim. (Id.)

Defendants filed a motion to dismiss, arguing that this Court lacks subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) because Ms. Kostin fails to state any claim arising under federal law. (Doc. No. 11.) In the alternative, Defendants contend that Ms. Kostin's state law claims are barred by the statute of limitations, that Ms Kostin failed to exhaust her administrative remedies, and that Defendants have governmental immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PSTCA”). (Id.) Ms. Kostin opposes the motion. (Doc. No. 12.)

For the reasons discussed below, the Court grants in part and denies in part the motion.

I. Factual Background

Accepting all of Ms. Kostin's allegations as true, the relevant facts are as follows.

A. Ms. Kostin Struggles to Enroll in BCCC's Nursing Program

In the fall of 2009, Ms. Kostin enrolled in BCCC. (Doc. No. 9 at ¶ 6.) Although Ms. Kostin had earned college credits at other educational institutions, she had to retake certain prerequisite courses to be eligible for BCCC's Nursing Program requirements. (Id.) Her “Nursing Program Application was denied for several years with no legitimate reason for the denials, ” despite the fact that she had completed all the prerequisites before applying to the program. (Id. at ¶¶ 7-11.) Ms. Kostin's inquiries about why her application was denied went unanswered. (Id.) After these denials, Ms. Kostin explained to the Nursing Program in 2017 that she did not need to stay enrolled at BCCC, as she had taken all the required classes; in response, she was told “to take yoga” and stay enrolled in the school, as it was prerequisite to apply for the Nursing Program, and that she should apply again for the Nursing Program the following year. (Id. at ¶¶ 11-12.)

Ms. Kostin spoke to the then-head of the BCCC Nursing Program, Professor Keane, about her financial situation and her need for a nursing degree. (Id. at ¶ 13.) “Professor Keane told [Ms. Kostin] that she [could] do anything else, but NOT nursing.” (Id. at ¶ 14.) Dissatisfied with this response, Ms. Kostin contacted the President of BCCC's office to question the denial of her nursing application. (Id. at ¶ 15.) After escalating the matter to the President's Office, Ms. Kostin was admitted to the BCCC Nursing Program at some point in 2017. (Id. at ¶ 16; see also Id. at ¶ 17 (“It took Plaintiff eight (8) years of course work and involvement by the President's Office to get accepted to the BCCC Nursing Program.”).)

B. Ms. Kostin Has a Negative Experience During a Clinical in Her Final Semester

In 2019, Ms. Kostin started Level 4 of the BCCC Nursing Program, which was the final semester of the two-year nursing degree program. (Id. at ¶¶ 18, 20.) February 13 was Ms. Kostin's second day in clinicals, and Professor Dura was the clinical instructor. (Id. at ¶ 20.) That day, Ms. Kostin was responsible for taking care of two patients, Patient A and Patient B. (Id. at ¶ 21.) Ms. Kostin “gave bed baths to both patients [and] assisted with all activities including personal hygiene, bedsheet replacement, feeding, etc.” (Id.; see also Id. at ¶ 24 (explaining that “Patient B . . . required full assistance” and that she “changed patient B's diaper, gown, bedsheets twice that contained fecal matter”).)

Although Ms. Kostin bathed Patient A on two occasions, Patient A refused to have his diaper changed. (Id. at ¶¶ 21, 23, 40.) According to Ms. Kostin, she confirmed that Patient A's diaper was not soiled and then informed Professor Dura that Patient A requested that his diaper change be postponed. (Id. at ¶¶ 21-23, 40.) Ms. Kostin believed that changing Patient A's diaper against his wishes would constitute a violation of his rights, and she communicated this position to Professor Dura. (Id. at ¶ 22; see also Id. at ¶ 39 (citing to the Pennsylvania Patient Bill of Rights, 28 Pa. Code § 103.22); id. at ¶ 40 (“The Patient made it clear to Plaintiff that he didn't want to get his diaper changed at the moment . . . The plaintiff reported to instructor Dura and made it clear that she will not force herself on a patient against his will”).)

At the end of the day, Ms. Kostin turned in her nursing notes.^[1] (Id. at ¶ 24.)

Four days later, on February 17, Ms. Kostin contacted the BCCC Nursing Department about the negative encounters she had with Professor Dura during the February 13 clinical.^[2] (Id. at ¶ 25.) She also requested to be placed with a different instructor for the remaining four days of clinicals. (Id.; see also Doc. No. 1-1 at 8 (“I am asking the Nursing Department to address this matter immediately and place me with a different instructor at a different hospital for the remainder of the hospital clinicals.”).) On February 19, she followed up, requesting an update, as she had another clinical scheduled for the following day, an upcoming exam, and had not yet received a response. (See Doc. No. 9-2 at 6 (Ex. 4) (“This is my third email to you. As you know this is a serious matter for me especially given that I have a clinical coming up tomorrow, February 20th and an exam on Feb 25th.”).)

C. Ms. Kostin Is Dismissed from BCCC's Nursing Program

The next day, February 20, Dr. Corrigan reached out to Ms. Kostin to schedule a meeting for the following day to discuss Ms. Kostin's “letter and clinical experiences.” (Doc. No. 9 at ¶ 26; Doc. No. 9-2 at 7 (Ex. 5).) On February 21, Ms. Kostin, Ms. Kostin's mother, ^[3] Dr. Corrigan, and other Nursing Program instructors (Professors Murt and Robbins) attended the meeting. (Doc. No. 9 at ¶¶ 27-29.) During the meeting, Ms. Kostin's concerns “were not addressed at all, ” and “there was no opportunity for [her] to describe what happened [during the February 13 clinical], or present her side of the story.” (Id. at ¶ 30.) Rather, Dr. Corrigan informed Ms. Kostin that she “did not like the tone of [Ms. Kostin's] letter” and handed Ms. Kostin a prewritten Letter of Dismissal, dismissing Ms. Kostin from the Nursing Program. (Id. at ¶¶ 31-32; see also Doc. No. 9-2 at 8-9 (Exs. 6A, 6B).) During the meeting, Dr. Corrigan also referenced an incident report allegedly on file at the hospital, but according to Ms. Kostin, no such report exists. (Doc. No. 9 at ¶¶ 58-59.)^[4]

In the dismissal letter, Dr. Corrigan stated that on February 13, Ms. Kostin received an unsatisfactory rating during her clinical with Professor Dura and explained that she “undertook an investigation” because Ms. Kostin claimed that Professor Dura “performed in a manner threatening to [Ms. Kostin] and in a discriminatory manner.” (Doc. No. 9-2 at 8-9 (Ex. 6A).) After speaking with “[Ms. Kostin's] primary nurse” and other students under Professor Dura's supervision, Dr. Corrigan concluded that Ms. Kostin's claims were unfounded. (Id. (“I cannot find any information that supports your claims.”).)

Separately, after reviewing materials from Professor Dura and the primary nurse about the clinical on February 13, Dr. Corrigan concluded that Ms. Kostin had violated the Integrity Policy in the Nursing Student Handbook, “which prohibits lying and unprofessional behaviors.” (Id.) Dr. Corrigan cited the Nursing Student Handbook, which states:

V: Clinical: Students may not falsify or knowingly make incorrect entries in the patient's record or other related documents.^[5] This standard of behavior applies to making verbal or written reports to an instructor that are not true, such as but not limited to reporting to an instructor a task is completed when it has not actually been accomplished, performing a task without Instructor approval, withholding patient information from the instructor, or using patient data for a paper from the past.

(Id.) Dr. Corrigan concluded that Ms. Kostin's conduct on February 13 constituted a violation of this policy. (See id.) Dr. Corrigan elaborated:

Unfortunately, upon review of the material from Professor Dura and your primary nurse it has come to the department's attention that you performed in an unprofessional and unsafe manner. Most specifically, you were to be caring for an incontinent patient and were to be ensuring the patient remained on dry bedding by changing the incontinence pads and adult diapers. This was not done even though you reported to both your primary nurse and your professor that it was done. The primary nurse found the patient in a pool of urine and it was clear that in the 6 hours you were caring for the patient (7 AM-1 PM)^[6] you had not actually changed the incontinence materials. This resulted in an incident report being filed with the hospital. This is not the only instance that your instructor and the primary nurse were concerned with.

(Id.)

Then Dr. Corrigan explained that because Ms. Kostin had violated the Integrity Policy, she was “being dismissed from the nursing program.” (Id. at 9 (Ex. 6B).) Ms. Kostin remained a BCCC...