Sandie v. George Fox Univ.

AMY PATERSON SANDIE, Plaintiff, v. GEORGE FOX UNIVERSITY, an Oregon Public Benefit Corporation, Defendant.

Case No. 3:18-cv-01339-AC

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

March 11, 2021

FINDINGS AND RECOMMENDATION

ACOSTA, Magistrate Judge:

Introduction

Plaintiff Amy Paterson Sandie ("Sandie") filed this lawsuit against George Fox University ("George Fox") alleging breach of contract, breach of the covenant of good faith and fair dealing, negligence, and violation of federal disability laws. Notice of Removal, ECF No. 1, Ex. A. Pursuant to Rule 56, George Fox filed a motion for summary judgment against all of Sandie's claims. Def.'s Mot. Summ. J. ("Mot."), ECF No. 31; FED. R. CIV. P. 56 (2020). George Fox argues there is no genuine issue of material fact that it "did not breach any contract with Plaintiff, that it was not negligent as alleged, and that it did not fail to accommodate any of Plaintiff's alleged disabilities." Mot. at 1. There are genuine issues of material fact with respect to Sandie's breach of contract claim. There are no genuine issues of material with respect to Sandie's disability and negligence claims. Accordingly, George Fox's motion should be GRANTED in part and DENIED in part.

Background

I. George Fox's MAT Program

George Fox is a private, Christian university located in Oregon. Bering Decl. dated Feb. 18, 2020, ECF No. 32 ("Bering Decl."), at ¶ 2-3. George Fox offers more than forty majors and degree programs, including twelve masters and doctoral degrees programs. Id. Relevant here, George Fox offers a one-year, full-time Master of Arts in Teaching ("MAT Program"). Bering Decl. Ex. 1, at 4; Sandie Decl. dated April 16, 2020, ECF No. 46 ("Sandie Decl."), Ex. 8, at 4.¹ To complete the MAT Program, a student, or "Teacher Candidate," must satisfactorily complete thirty-six credits of coursework that must include six credits of classroom teaching, also known as a practicum. Bering Decl. Ex. 1, at 12-16. All Teacher Candidates "must meet or exceed the minimum practicum requirements to be eligible" for teaching licensure.² Bering Decl. Ex. 1, at 16.

At the time of Sandie's enrollment two documents defined the requirements of and described the procedures controlling a MAT Program student's course of study: (1) the MATProgram Guide 2016-2017 (the "Program Guide"), and (2) the Guidelines for Clinical Practice and Education 2016-2017 (the "Practicum Guidelines"). Bering Decl. Exs. 1-2, respectively. A Teacher Candidate is assigned a "Support Team" that consists of a Cooperating Teacher ("CT"), a Teacher Education Assistant ("TEA"), and a Cohort Leader. Bering Decl. Ex. 2, at 10-11. A TEA "serves as a liaison between [George Fox] and the practicum site," "coordinate[s] efforts of the Teacher Candidate's Support Team and overall practicum experience," "confers with the CT and [T]eacher [C]andidate," "conducts formal observations of the Teacher Candidate in the classroom," and "along with the CT, will conduct final evaluations as required for licensure." Id. at 10. The Cohort Leader "communicate[s] academic structure and university requirements of the practicum to the Teacher Candidate," and "provide[s] time and steady dialogue with the Teacher Candidate throughout the [practicum] experience." Id. at 11.

During the practicum, a CT hosts a Teacher Candidate in the CT's classroom and demonstrates to the Teacher Candidate

effective and current methods of teaching and classroom management . . . . In addition, the CT helps the Teacher Candidate negotiate the school culture by introducing him/her to personnel, policies, procedures, places and resources . . . . The CT participates fully in collaborative planning and strategies with the candidate, giving the Teacher Candidate space to experiment with and reflect upon practices learned in Teacher Education program coursework. The CT communicates well and often . . . providing feedback regarding both positive and negative perspectives of candidate's performance.

Id. at 10. George Fox supports "co-teaching" strategies between the CT and Teaching Candidate in the practicum classroom. Bering Decl. Ex. 1, at 17. During the practicum, "the Teacher Candidate's schedule will mirror the schedule of the [CT]." Bering Decl. Ex. 2, at 14. "The Teacher Candidate is expected to be an active teacher in the classroom from the first day of the [practicum] until the end of the [practicum]." Id.

At an appropriate point in the practicum, the Teaching Candidate assumes "primary teaching duties," which is all or a significant portion of the responsibilities of the CT, including lesson planning, teaching, and parent contacts. Id. Lesson planning includes written plans that have "goals, learning targets, supporting materials, teaching strategies, assessment plans, and necessary resources." Id. "The Teacher Candidate must work closely with the [CT] to receive approval for all lesson plans before the day a lesson is taught. Lessons observed by the [TEA] or Cohort Leader must be written and turned in to the observer ahead of time." Id. at 15. There are several important check-points during the practicum: (1) the initial three-way conference, (2) routine observations, (3) and the final three-way conference. Id. at 16.

The Practicum Guidelines contain a written process for reassigning or removing a Teaching Candidate from a practicum placement. Id. at 20. The purpose, at least in part, of the specific steps is to provide a Teaching Candidate notice of and opportunity to correct any observed deficiencies:

1. Members of the Teacher Candidate's Support Team, including the candidate, will address concerns by following the procedure outlined on page 19 of this Clinical Practice Guidebook. The TEA will take notes of any and all three-way meetings and provide a summary to the Office of Clinical Practice including timeframes for adjustments, tasks and consequences.

2. If a candidate is not making progress toward the competencies and standards of teacher preparation as set forth by School of Education, a conference will be held and a written Letter of Concern, drafted by the TEA, will be distributed to the Teacher Candidate, the Program Director, and the Office of Clinical Practice; and placed in the candidate's file in the appropriate office of the GFU School of Education. A Performance Contract may be developed immediately or in a subsequent conference with the Program Director, the Cohort Leader, and the University TEA. The performance contract should be distributed to all parties as above.

3. If, in the judgment of the TEA and the Cohort Leader, the primary cause for a serious concern in a practicum placement is something other than the failure of a candidate to make progress toward competencies and standards; they should informthe Office of Clinical Placement and the Program Director. The Office of Clinical Practice and the director will work with the TEA and the Cohort Leader to determine the appropriate way forward.

4. After completing the steps above (as appropriate), the Office of Clinical Practice in collaboration with the Program Director will render a formal and final decision whether or not a candidate should continue or be pulled from a placement. The Program Director will notify the Teacher Candidate in writing and copies will be sent to the TEA and the Cohort Leader. The Office of Clinical Practice will notify the school district, principal, and cooperating teacher.

5. Reassignment to other educational practicum experiences will be made only in the event that a teacher candidate is making reasonable progress toward competencies and standards, and has not violated ethical standards, at the time removal is deemed necessary.

Bering Decl. Ex. 2, at 20-21.

The Program Guide sets forth the circumstances under which a Teacher Candidate may be removed or suspended from the MAT Program itself:

UNPROFESSIONAL BEHAVIORS, ETHICS AND VALUES

Candidates who egregiously offend [(Teacher Standards & Practices Commission)] TSPC behavioral and ethical standards may be suspended from the program and/or teaching experience immediately until evidence is collected and a decision is made by the MAT Review and Retention Committee. Any decision by the MAT Review and Retention Committee may be appealed to the Chair of Graduate Teacher Education. Final appeals will be directed to the Dean of the College of Education.

If, during the course of the MAT program, a candidate is charged with a crime that is either listed in ORS 342.143 and/or ORS 342.175 as reason for a teaching license to be denied or revoked or is in violation of TSPC's guidelines for "Competent and Ethical Performance of Oregon Educators" (OAR 584-020-0000), then the teacher candidate will be suspended from practicum experiences immediately and will not be allowed to enter the school site facilities; such a candidate will not be allowed to continue the field experience until cleared from the charge(s). If the teacher candidate is convicted of such crimes, he/she will be immediately dismissed from the program.

Bering Decl. Ex. 1, at 21. The Program Guide explicitly incorporates into this definition of circumstances warranting suspension or removal the referenced chapters of the Oregon RevisedStatutes and the Oregon Administrative Rules. Id.

In the event of suspension, the Program Guide outlines the following procedures:

• The cohort leader will meet with the candidate and a plan to remedy the shortcoming will be devised. The conference will be formally documented in writing in the form of a Letter of Concern. A copy will be sent to the teacher candidate and the Director of the MAT program and copy of the letter will be placed in the candidate's file in the appropriate MAT Education office. The candidate may reply in writing to this document. Copies of the candidate response will be similarly distributed.

• There will be regular follow-ups to check progress.

• If the progress is not shown in the designated areas, a second conference

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