Neal v. Univ. of N.C.

OLIVIA NEAL, Plaintiff, v. UNIVERSITY OF NORTH CAROLINA and EAST CAROLINA UNIVERISTY, Defendants.

No. 5:17-CV-186-BR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

September 28, 2020

ORDER

This matter is before the court on East Carolina University's ("ECU" or "defendant"¹) motion for summary judgment. (DE # 43.) Olivia Neal ("plaintiff") filed a response in opposition, (DE # 52), to which defendant replied, (DE # 61). Thereafter, defendant filed a motion to strike certain documents appended to plaintiff's statement of facts, (DE # 59), to which plaintiff filed a response in opposition, (DE # 63), and defendant filed a reply, (DE # 64).² These matters have now been fully briefed and are ripe for disposition.

I. BACKGROUND

This action challenges plaintiff's dismissal from the ECU School of Social Work master's program during the Spring 2015 semester. Prior to becoming a student in this program, Plaintiff received her undergraduate degree from the University of North Carolina-Chapel Hill.³ (Pl.'s Resp. Def.'s Statement of Material Facts, DE # 50, ¶ 5.) Plaintiff started at the ECUSchool of Social Work in Fall 2012 as a full-time student, regular track, under provisional admission status, seeking to obtain a Master's in Social Work ("MSW"). (Id. ¶ 6.) Plaintiff did not request any disability accommodations upon her admission to the School of Social Work. (Id. ¶ 52.) While she attended the school, plaintiff's professors included Nancy Pierson ("Pierson"), Dr. Lena Carawan ("Dr. Carawan"), and Dr. Intae Yoon ("Dr. Yoon"). (Id. ¶ 14.) Additionally, Dr. Kerry Littlewood ("Dr. Littlewood") was the school's program coordinator during this time. (Id.)

At ECU's School of Social Work, students are held to the same ethical standard as licensed social workers—the National Association of Social Workers ("NASW") Code of Ethics. (Id. ¶ 35.) Students are apprised of this ethical standard when they receive the school's Field Manual, (id. ¶ 37), and Social Work Field Education Application Information Sheet, (id. ¶12). The Social Work Field Education Application Information Sheet also apprises students of the Department of Disability Support Services for disability accommodations. (Id. ¶ 52.) Plaintiff signed two application information sheets, one in October 2012 and the other in March 2013. (Id. ¶¶ 12, 13.) Plaintiff understood the NASW Code of Ethics applied to her while at ECU. (Id. ¶ 42.) Relevant here, the Code includes a section on impairment, providing

social workers should not allow their own personal problems, psychosocial distress, legal problems, substance abuse, or mental health difficulties to interfere with their professional judgment and performance or to jeopardize the best interest of people for whom they have a professional responsibility.

(Id. ¶ 39.)

In October 2013, plaintiff voluntarily withdrew from the School of Social Work. (Id. ¶ 59.) According to ECU, plaintiff became withdrawn from her field placement, began missing classes, and then voluntarily withdrew from the program. (Pl.'s Ex. 2 App., DE # 54-2, at 223.) Plaintiff claims she withdrew from the program because she was traumatized by a patient'sattempted suicide at her field placement. (See Pl.'s Dep., DE # 54-3, at 864-65.) Around the time of her withdrawal, plaintiff was hospitalized as she was suffering from acute psychosis. (Pl.'s Resp. Def.'s Statement of Material Facts, DE # 50, ¶ 60.) In the Spring of 2014, plaintiff re-enrolled in ECU's School of Social Work. (Id. ¶ 62.) At that time, she did not request any disability accommodation. (Id.)

During the Fall 2014 semester, plaintiff's field placement—a school-sanctioned clinical internship—was at the House of Fordham. (Id. ¶ 68.) There, plaintiff's Field Instructor was Michael Herring ("Herring"), but he resigned from this role during the semester. (Id.) Herring reported to ECU that he terminated this role because of plaintiff's "lack of engagement in supervision," namely that she was tardy, distracted, off topic, and on her phone. (Pierson Decl., DE # 45-7, ¶ 6; see also Carawan Decl., DE # 45-11, ¶12.)

Also during the Fall 2014 semester, plaintiff was enrolled in Dr. Carawan's Field Instruction II course. (Carawan Decl., DE # 45-11, ¶ 11.) In that course, plaintiff repeatedly used her cell phone, left class for 10-15 minutes at a time, did not timely respond to emails, and turned assignments in late. (Id.) Some of plaintiff's classmates voiced concerns to Dr. Carawan about plaintiff's behavior and she separated her class into two sections, so those students did not have to be with plaintiff. (Id.) Additionally, plaintiff took Dr. Yoon's Advanced Practice Community Partnership class. (Yoon Decl., DE # 45-5, ¶ 10.) In that class plaintiff participated in team assignments. (Id.) Dr. Yoon states that other students came to him to express that she was not listening to other teammates, was dominating the conversation, unwilling to negotiate, and failed to complete her assigned duties. (Id.) Both Drs. Carawan and Yoon characterize plaintiff's conduct in their courses as disruptive, unprofessional, and inappropriate. (Id. ¶¶ 9, 10; Carawan Decl., DE # 45-11, ¶ 11.)

In October 2014, plaintiff was arrested for simple assault and referred to the ECU Office of Student Rights and Responsibilities ("OSRR"). (Pl.'s Resp. Def.'s Statement of Material Facts, DE # 50, ¶¶ 73, 74.) Plaintiff was directed to attend an Admission and Retention ("A&R") Committee Meeting with Professor Pierson, Dr. Littlewood, and Dr. Carawan the next day. (Id. ¶ 75.) The meeting was to determine whether plaintiff was able to continue in the program, to address her disruptive behavior, and to notify her that her failure to improve could result in termination from ECU's School of Social Work. (Littlewood Decl., DE # 45-9, ¶ 11.) Plaintiff was allowed to continue in the program, and it was decided that Professor Pierson should replace Herring as plaintiff's Field Instructor at the House of Fordham for the remainder of the Fall 2014 and the Spring 2015 semesters. (Id.; Pl.'s Resp. Def.'s Statement of Material Facts, DE # 50, ¶ 78.) After the meeting, Professor Pierson and Dr. Carawan helped plaintiff with her missing assignments. (Pl.'s Resp. Def.'s Statement of Material Facts, DE # 50, ¶ 79.) Plaintiff completed the Fall 2014 semester with a cumulative GPA of 3.94. (Pl.'s Ex. 1 App., DE # 54-1, at 192-93.)

During the Spring 2015 semester, plaintiff was enrolled in Dr. Yoon's Integrative Seminar. (Yoon Decl., DE # 45-5, ¶ 11.) Plaintiff was routinely 10 to 20 minutes late to class, which resulted in her disturbing other students' presentations, and she often turned in her assignments in late. (Id. ¶¶ 11, 12.) That semester plaintiff was also enrolled in Dr. Carawan's Field Instruction III course. (Carawan Decl., DE # 45-11, ¶ 15.) Plaintiff would often turn assignments in late or not at all and twice missed class. (Id.)

On 10 February 2015, Professor Pierson met with plaintiff in her office. (Pierson Decl., DE # 45-7, ¶ 9.) There, plaintiff was distracted and off topic and often moving about the room. (Id.) That afternoon, there was an incident between plaintiff and Dr. Yoon in his office. Dr.Yoon reported that plaintiff came to his office for a visit in which she spoke about her boyfriend, financial difficulties, a bad relationship with her parents, and her plan to attend law school in California. (Yoon Decl. DE # 45-5, ¶ 13.) He recounts that she yelled at him, pointed her finger at him, and that he became concerned about her safety and that she might harm herself. (Id. ¶¶ 14, 15) The visit lasted about two hours. (Id. ¶ 13.) Professor Pierson witnessed plaintiff's behavior in Dr. Yoon's office and "was able to interject," taking plaintiff to her office where she remained "about an hour until she appeared calm." (Pierson Decl., DE # 45-7, ¶ 15.)

On 21 February 2015, plaintiff sent an email to the OSRR, copying Professor Pierson, Dr. Carawan, and Dr. Littlewood, among others, writing in part that she was "really tired, and sick and tired, and actually exhausted, with getting emails of this nature. Could one of you, or ANY of you, try to explain this to me?" (Carawan Decl., DE # 45-11, ¶ 16; Littlewood Decl., DE # 45-9, ¶ 15.) On 25 February 2015, plaintiff called Professor Pierson. (Pierson Decl., DE # 45-7, ¶ 16.) During their conversation, plaintiff claimed people were out to get her and "her speech was rapid and pressured, disorganized, jumping from topic to topic and difficult to follow." (Id.) Plaintiff told Professor Pierson "to shut up and listen to her." (Id.) That evening, plaintiff sent a video to about 30 people, including Professor Pierson and Dr. Carawan, in which she was yelling and upset. (Pl.'s Resp. Def.'s Statement of Material Facts, DE # 50, ¶¶ 100-01; Carawan Decl., DE # 45-11, ¶ 17.)

Professor Pierson states that from 12 February to 16 March 2015 plaintiff should have had at least four supervisory sessions with her regarding her field internship, but she had none. (Pierson Decl., DE # 45-7, ¶ 12.) Professor Pierson states that the week of 10 March 2015 was spring break, and during such a time, field internships continue unless other arrangements are made. (Id. ¶ 11.) "Due to [plaintiff's] absence from supervision, lack of regular communication,and her unwillingness to acknowledge and address her unprofessional behaviors," Professor Pierson notified Dr. Littlewood that she (Professor Pierson) was no longer willing to serve as plaintiff's Field Instructor. (Id. ¶ 17.)

On 26 February 2015, plaintiff was in a car accident, (Compl., DE # 1-1, ¶ 80), and then involuntarily committed to a mental health facility, (Pl.'s Resp. Def.'s Statement of Material Facts, DE # 50, ¶ 106). During this hospitalization, plaintiff was diagnosed with bipolar disorder. (Compl., DE # 1-1, ¶¶ 35, 80.) A week later, plaintiff's father informed Professor Pierson that plaintiff had been in a car...