Darian v. University of Massachusetts Boston
Citation | 980 F.Supp. 77 |
Decision Date | 16 September 1997 |
Docket Number | Civ. Action No. 96-10745-NG. |
Parties | Rachel DARIAN, Plaintiff, v. UNIVERSITY OF MASSACHUSETTS BOSTON, Defendant. |
Court | U.S. District Court — District of Massachusetts |
John D. Burke, Craig P. Pacernick, Law Offices of Gabriel Dumont, Boston, MA, for plaintiff.
Peter M. Michelson, Boston, MA, Kevin B. Callanan, Norwell, MA, for defendant.
Before me is a motion for summary judgment filed by the defendant, University of Massachusetts at Boston (hereinafter "the University") against the plaintiff, Rachel Darian ("Darian").1
Darian was pregnant in the fall of 1994, while enrolled as a senior nursing student at the University of Massachusetts. She became disabled during the semester and although her condition derived from her pregnancy, she contends it fits within the meaning of the Americans with Disability Act ("ADA") 42 U.S.C. § 12101 et seq. and related statutes. The University, she maintains, failed to make "reasonable accommodation" for her status. The issue is a significant one: the extent to which the ADA covers disabilities deriving from pregnancy, and what is "reasonable accommodation" in the context of a University with its unique demands.
The University contends it is entitled to summary judgment on Darian's claims for (1) violation of the Americans with Disabilities Act of 1991 ("ADA") (Titles II, III and V) 42 U.S.C. § 12101 et seq.2 (2) violation of the Federal Rehabilitation Act of 1973, 29 U.S.C. § 794; and, (3) violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681.3
For the reasons stated below, the University's motion for summary judgment is ALLOWED.
A motion for summary judgment will be granted when all the relevant pleadings, viewed in the light most favorable to the nonmoving party, present no genuine issue of material fact such that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Aponte-Santiago v. Lopez-Rivera, 957 F.2d 40, 41 (1st Cir.1992); Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990). Courts may grant summary judgment even when issues of intent and motive are part of the ultimate claim if the nonmoving party relies upon conclusory allegations, improbable inferences, and unsupported speculation. Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).
In the fall of 1994, Darian was a senior nursing student at the University of Massachusetts. She was scheduled to graduate with a Bachelor of Science degree in Nursing in December of 1994. During the 1994 fall semester, Darian enrolled in "Nursing 410, Community Health Nursing" (hereinafter "Nursing 410"), a clinical course required for the completion of her degree. Nursing 410 included both a clinical and classroom component.
For the clinical component of the course, Darian was assigned to the Norwell Visiting Nurse Association (hereinafter "NVNA"). At NVNA, non-hospitalized patients receive care from visiting nurses in their homes. The University offered Nursing 410 students a list of eight to ten possible clinical sites; each student then selected and ranked three choices; finally, the University attempted to place each student in one of those three choices.4 Darian ranked NVNA as her top choice for a clinical placement; the University placed her there. Professor Cecilia O'Malley ("Prof.O'Malley") served as Darian's clinical instructor at NVNA.
Nursing 410 required students to attend two clinical days a week — Tuesdays and Thursdays — for roughly six hours per day. The students had to work at a site where they could receive hands-on experience; at NVNA, this meant that students left the NVNA site to visit patients and provide care. Prof. O'Malley gave all students, including Darian, orientation materials; these materials explicitly stated that attendance in both the clinical and classroom portions was a crucial component of the program. Students had to complete all required clinical time, and if they missed clinical time, they had to make it up.
1. The Nursing 410 Regime
At NVNA, a typical clinical day consisted of reviewing the assignment book, examining a patient's record, talking to the clinical nurse, calling a patient to set up a visit, visiting the patient, returning to the clinical site, and discussing the patient visit.
The classroom requirement for Nursing 410 included readings, lectures, a mid-term and final exam, one ten to twelve page paper, and a group project with other nursing students. Darian's principal instructor for the classroom part of the course was Professor Linda Dumas ("Prof.Dumas").
In May of 1994, Darian became pregnant. From the beginning of the fall semester, in September 1994, until October 24, 1994, she attended clinical sessions regularly, and she was a good student. She made patient visits, took good patient notes, successfully completed the first twelve clinical days, and received an "A" on her mid-term examination. In fact, Darian was the class secretary, a member of the Golden Key National Honor Society, and had a 3.65 grade point average.
But on October 24, 1994, she began to experience serious difficulties with her pregnancy. Darian suffered from severe pelvic bone pains, premature uterine contractions, irritation of the uterus, back pain, poly hydrominus, increased heart rate, edema, and a large fetus. She contends that all these symptoms adversely affected her ability to walk, sit, sleep, and learn.
On October 24, 1994, Darian was examined by her obstetrician, Dr. Dale Weldon ("Dr.Weldon"). Dr. Weldon ordered her to remain on full bed rest for one week and return for reevaluation on October 28, 1994. Darian did so. She remained out of class, also missing clinical days at NVNA on both Tuesday, October 25, 1994 and Thursday, October 27, 1994. She returned to Dr. Weldon for re-evaluation on October 28, 1994. Dr. Weldon prescribed partial bedrest, but said she could resume the course, provided that Darian avoided seeing patients.
On October 31, 1994, Prof. O'Malley telephoned Darian at home. During this conversation, Darian informed Prof. O'Malley of her doctor's bedrest orders and the restriction on patient visits. O'Malley responded that she would allow Darian to "stay in the office until she was capable to see patients."
Darian returned to the clinical program the next day, November 1, 1994. She worked with a triage nurse at the NVNA, reviewed patient charts, but did not actually see any patients. While at the clinical program Darian experienced back pain, pain in her left hip, and, toward the end of the day, uterine contractions.
Prior to Darian's departure, Prof. O'Malley addressed the students and discussed the case of another Nursing 410 student, the previous semester, who had been exposed to the chicken pox virus. O'Malley noted that this student had not been able to go out to make patient visits for fear of infecting patients.5
a. November 3, 1994 Accommodations
On November 3, 1994, Darian returned to the NVNA clinical program. She asked Prof. O'Malley if she could take patient records home and review them with her feet elevated. Prof. O'Malley agreed and Darian took home some patient charts in the mid to late morning and returned with them in the early afternoon.6
On November 8, 1994, following two nights of severe pelvic bone pain, back and hip pain, general fatigue, and queasiness, Darian returned to the clinical program. Almost immediately, she requested that she be allowed to return home early. Prof. O'Malley did not send Darian home; instead, she assigned her to the NVNA home health aid department with no patient assignments. While in the department, Darian's activities were light. She sat most of the time and observed the person who scheduled individuals for home health care. After a short time, however, Darian found it difficult to sit and left around 11:00 a.m.7 At the time she left, Darian was experiencing severe pelvic bone pain and queasiness.
Overall, from October 25, 1994, until November 8, 1994, Prof. O'Malley did not require Darian to see patients and referred to this accommodation as a "modified schedule."
Later in the afternoon, on November 8, 1994, Prof. O'Malley called Darian at home, inquired about her illness and stated, "this is not working out." Prof. O'Malley also stated to Darian that "this [Nursing 410] is a clinical, not a home study course," and said that the pivotal component of Nursing 410 was to provide clinical care.
Prof. O'Malley then contacted Prof. Dumas and they discussed one option: Darian would take an incomplete in the clinical portion of the course, but would still finish the classroom portion of the course, including papers and exams. She would return in the next semester, after the birth of her baby, to complete the clinical portion. This would mean that Darian would not graduate until June 1995. When Prof. O'Malley told Darian about this option, Darian protested, stating that she could complete the clinical program and still graduate on time with some modifications.8
In a subsequent phone call, later on November 8, 1994, Darian reiterated to Prof. O'Malley that she wanted to return to the clinical program and finish on time. Prof. O'Malley responded that Darian would have to see patients and would have to produce a note from her doctor detailing specific restrictions. She also stated that she believed it could be unsafe for Darian to return to clinical instruction as a result of her difficult pregnancy.
On November 10, 1994, Darian and her husband met with Doctor Marion Winfrey ("Dr. Winfrey"), the undergraduate program director at the University, to discuss possible accommodations for Darian's health...
To continue reading
Request your trial-
Petrosky v. New York State Dept. of Motor Vehicles, 96-CV-0902 DRH.
...question of fact, however. Haschmann v. Time Warner Entertainment Co., LP, 151 F.3d 591, 601 (7th Cir.1998); Darian v. University of Mass., Boston, 980 F.Supp. 77, 88 (D.Mass.1997); Aquinas v. Federal Express Corp., 940 F.Supp. 73, 79 (S.D.N.Y.1996). Viewed in the light most favorable to Pe......
-
Toledo v. Sanchez
...were not reasonable because they would lower academic standards or substantially alter the degree program. See Darian v. Univ. of Mass. Boston, 980 F.Supp. 77, 88-89 (D.Mass.1997). However, at this stage in the litigation, Toledo's complaint sufficiently alleges state conduct that violated ......
-
Conley v. Nw. Fla. State Coll.
...CV–06–5078–EFS, 2008 WL 2954245, at *9 (E.D.Wash. July 30, 2008) (same); Chip man, 30 F.Supp.2d at 978 (same); Darian v. Univ. of Mass. Boston, 980 F.Supp. 77, 91 (D.Mass.1997) (same); Hall v. Lee Coll., Inc., 932 F.Supp. 1027, 1032 (E.D.Tenn.1996) (same); Ivan v. Kent State Univ., 863 F.Su......
-
Varlesi v. Wayne State Univ.
...Defendants urge, and Plaintiff does not object to—application of the prima facie framework set forth in Darian v. University of Massachusetts Boston, 980 F.Supp. 77, 91 (D.Mass.1997). There, the court set forth the framework as follows: To prove a violation of Title IX, a plaintiff must est......
-
Pregnancy discrimination - rights, remedies, and defenses.
...[sections] 1630.2(h). (37) Compare Lacoparra v. Pergament Home Ctrs., Inc., 982 F. Supp. 213 (S.D.N.Y 1997); Darian v. Univ. of Mass., 980 F. Supp. 77 (D. Mass. 1997); Hernandez v. City of Hartford, 959 F. Supp. 125 (D. Conn. 1997); Cerrato v. Durham, et al., 941 F. Supp. 388 (S.D.N.Y 1996)......
-
The Birth of New Rights for Pregnant, Postpartum, and Nursing Employees.
...conditions do not, absent unusual circumstances, constitute a 'physical impairment' under the ADA"); Darian v. Univ. Mass. Boston, 980 F. Supp. 77, 85 (D. Mass. 1997) ("pregnancy-related conditions are not disabilities under the (18) 29 C.F.R. Part 1630, App. [section]1630.2(h) ("Other cond......
-
Pregnancy and Related Medical Conditions: Workplace Issues and Solutions
...149, 152 (S.D.Tex. 1995). 63. Navarro, supra, note 61 at 97; Gabriel, supra, note 61 at 981-82; Darian v. Univ. of Mass. at Boston, 980 F.Supp. 77, 87-88 (D.Mass. 1997) (severe pain and paralyzing contractions are disability under Title II of ADA); Hernandez v. City of Hartford, 959 F.Supp.......
-
Mr. Peanut goes to court: accommodating an individual's peanut allergy in schools and day care centers under the Americans with Disabilities Act.
...(1994). (84) Babicz v. School Brd. of Broward County., 135 F.3d 1420, 1422 (11th Cir. 1998). (85) Darian v. University of Mass. Boston, 980 F. Supp. 77, 84 (D. Mass. (86) Id. (87) Bragdon v. Abbot, 1185 S. Ct. 2196, 2202 (1998). This case deals with an HIV positive plaintiff bringing a laws......