Reeves v. Shawnee State Univ.

Cory A. Reeves, Plaintiff, v. Shawnee State University, et al., Defendants.

Case No. 1:16-cv-765

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

January 29, 2018

Judge Susan J. Dlott

Order Granting Motions for Summary Judgment

This matter is before the Court on the Motion for Summary Judgment (Doc. 34) filed by Defendants Shawnee State University ("the University"), Leeann Denning, and Crystal Sherman (collectively, "the Shawnee State Defendants") and the Motion for Summary Judgment (Doc. 35) filed by Defendants Southern Ohio Medical Center ("SOMC" or "the Medical Center"), Frankie (Benson) Saunders, and Josie Wright (collectively, "the SOMC Defendants"). Plaintiff Cory A. Reeves was a nursing student at the University who participated in a clinical internship at the Medical Center. Reeves alleges in this suit that he was discriminated against on the basis of his race by both faculty members at the University and nursing supervisors at the Medical Center resulting in his dismissal from the nursing program just prior to his anticipated graduation. For the reasons that follow, the Court will GRANT the Motions for Summary Judgment.

I. BACKGROUND

A. Factual History

The following facts are derived from the Shawnee State Defendants' Proposed Undisputed Facts (Doc. 34-1), the SOMC Defendants' Statement of Proposed Undisputed Facts (Doc. 35-8), and Plaintiff's Responses to both (Docs. 40 and 41-1), unless specifically noted otherwise.

1. The Parties

Plaintiff Cory Reeves is a black person and a resident of Portsmouth, Ohio. The University, located in Portsmouth, Ohio, is a public state university pursuant to Ohio Revised Code Chapter 3362. It offers an associate's degree in nursing. Dr. Leeann Denning and Dr. Crystal Sherman, both white, are employed by University in the Department of Nursing. The Medical Center is a not-for-profit hospital in Portsmouth, Ohio that provides emergency and surgical care, plus other health services. Nurse Frankie Saunders and Nurse Josie Wright, both white, are registered nurses employed by the Medical Center. Both volunteered as nursing internship supervisors, called preceptors, for University nursing students during their clinical internships, called preceptorships, at the Medical Center.

2. Reeves's Experiences as a Nursing Student at the University

a. Levels 1 through 3

Reeves enrolled as a student at the University in the spring of 2009. He applied to enroll in the Associate's Degree in Nursing Program ("Nursing Program" or "ADN Program") in 2013 to begin classes in the Spring 2014 semester. The Nursing Program is a two-year program broken into four semesters referred to as Levels 1 through 4. As part of his application process, Reeves agreed to the following responsibilities if accepted into the Nursing Program:

I understand that if admitted to the Nursing program, I will be responsible for:

1. Caring for clients of all ages, ethnic, and social backgrounds.

2. Traveling to a clinical site up to 50-60 miles away from campus and arriving by 7:00 a.m.

3. Securing a reliable source of transportation.

4. Devoting up to 12 hours a day to my education, including reading, group study, and clinical preparation.

5. Spending up to 20-30 hours a week in the classroom, lab, or hospital setting.

6. Scheduling time off work 24 hours prior to an assigned clinical time during the obstetrical rotation.

(Doc. 32-1 at PageID 412.)

Students in the Nursing Program were required to maintain a "C" grade or better for all courses. In order to receive a "C" grade or better, students had to perform satisfactorily in clinical areas:

Performance in clinical areas must be satisfactory. A student may receive an unsatisfactory for a variety of reasons such as jeopardizing patient safety, unethical conduct, failure to attend labs, or failure to make up an excused clinical absence, etc. If a student receives an unsatisfactory grade for the clinical component, the student will receive a course grade of "F" regardless of the theory grade.

(Doc. 32-1 at PageID 554.)

Reeves was admitted to and enrolled in the Nursing Program for the Spring 2014 semester. Reeves received a failing grade in the Level 1 Fundamentals of Nursing course in the Spring 2014 semester, and he was dismissed from the Nursing Program as a result. The Readmission Policy for the Nursing Program set forth in the Nursing Student Handbook stated that the students dismissed from the program could apply for readmission into the program one time. (Doc. 32-1 at PageID 581; Reeves Dep. Vol. 1, Doc. 32 at PageID 328.)¹ Reeves applied for and was granted readmission to the Nursing Program during the Fall 2014 semester.

In the Spring 2015 semester, Reeves enrolled in the ADNR 1194 course, the primary nursing Level 2 course, taught by Professor Margaret Selby. Reeves accused Professor Selby of "nonproductive, inappropriate, and unprofessional" conduct in the classroom. Defendant Dr. Denning, then the Interim Administrative Chair of the Nursing Department, intervened on Reeves's behalf regarding clinical sessions he had missed for Professor Selby's class. Professor Selby allowed Reeves to make up the clinical sessions after that intervention. Reeves also shared with Dr. Denning a letter he intended to send to Professor Selby in which he criticized her for directing "degrading comments, sarcasm, [and] anger" to him in response to his questions in the classroom. (Doc. 32-1 at PageID 592.) Dr. Denning responded that Reeves should "[m]ove forward with confidence and clarity of purpose" and stated that his letter was "well written and heartfelt." (Id. at PageID 591.) Reeves did not mention race discrimination in the letter. (Id. at PageID 592-93.) However, Reeves argues now that "it was clear that [he] was claiming to have been mistreated because of [his] race" because he was the only black student in his nursing class. (Reeves Aff., Doc. 39-1 at PageID 1482.)² Reeves agrees that Dr. Denning adequately provided support to him in regards to Professor Selby. He received a "B" grade from Professor Selby for that course.

During the Fall 2015 semester, Reeves enrolled in the ADNR 2253 course, the primary nursing Level 3 course, taught by Professor Theresa Jackson, a non-party who filed an Affidavit supporting Reeves in this case. Reeves was informed by Professor Jackson at the time of the mid-term that he was in danger of failing the course. Professor Jackson required Reeves to remediate his intravenous ("IV") skills by practicing additional hours in the University nursing lab with Loretta Cooper, Nursing Lab Coordinator. Reeves admitted he needed remedial work with properly inserting IV lines. Dr. Denning worked with Reeves individually during the course of his remediation. Cooper informed Professor Jackson that even with extra practice in the lab inserting IVs, Reeves "needed to be more organized and timely and get the steps in a methodical order," and that his "confidence [was] lacking." (Doc. 32-1 at PageID 494.) About a week later, after Reeves had a second practice session on IVs, Cooper expressed concern about Reeves's ability to perform this basic nursing skill: "By the end of his multiple attempts, re-directions and demos, he had improved and showed proficiency to me on his own. . . . Now, whether that goes with him and continues to be able [sic] will be determined. . . ." (Id.) Ultimately, Reeves improved his course grade enough to pass Level 3 and move to Level 4 in the Nursing Program in the Spring 2016 semester.

b. Level 4, Preceptorship, and Dismissal from Nursing Program

In the Spring 2016 semester, Reeves took the Level 4 ADNR 2284 course which involved a mix of classroom lectures, lab work, and a preceptorship. The ANDR 2284 course was administered by Defendant Dr. Sherman, then the Faculty Coordinator and currently a professor in the Nursing Program. Reeves received testing accommodations while in the Nursing Program, including in the ANDR 2284 course. His accommodations included taking tests in a quiet and uninterrupted environment at the Student Success Center. (Reeves Dep. Vol. II, Doc. 33 at PageID 725.) These tests included unit examinations and "HESI" tests provided through the Health Education Systems, Inc.

For at least one HESI examination in the ADNR 2284 course, Reeves experienced a problem in the Student Success Center and could not open the test. Dr. Sherman required Reeves to take the test in a room near a copy machine, but he was disturbed by students going in and out using the copy machine. (Reeves Dep., Doc. 32 at PageID 365-68.) Reeves brought his concern about the testing environment to Dr. Denning, but he did not allege that he was being subjected to racial discrimination. (Denning Aff., Doc. 34-3 at PageID 1177.) Dr. Denning took steps to ensure that the HESI software was properly installed on the Student Success Center's computers and told Reeves the issue had been resolved. (Doc. 32-1 at PageID 649.)

Reeves complains that he was treated unfairly during his preceptorship for the ADNR 2284 course. Completion of the 120-hour preceptorship was required to receive an associate's degree in nursing and was regulated by the Ohio Board of Nursing under Ohio Administrative Code § 4723-5-01, et seq. Students in the ADNR 2284 course had the option to complete their preceptorship hours at one of three hospitals: Defendant Southern Ohio Medical Center, King's Daughters Medical Center, and Our Lady of Bellefonte Hospital. The hospitals provided a list of available preceptors to Dr. Sherman, who made the student/preceptor assignments. Students could request a specific hospital or preceptor, but Dr. Sherman could not grant all requests.

Dr. Sherman informed the students via an email to the class that she would use a ranking system based on student quiz scores to make her placement decisions. (Id. at 471-72.) She stated that students who received a "100" on a dosage calculation quiz would get "first choice of a preceptor at...