Betts v. Rector and Visitors of University of Vir.

• Decision Date: 11 September 2000
• Docket Number: No. Civ.A. 3:96-00054.,Civ.A. 3:96-00054.
• Citation: 113 F.Supp.2d 970
• Parties: Robert W. BETTS, II, Plaintiff, v. RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, Defendants.
• Court: U.S. District Court — Western District of Virginia

113 F.Supp.2d 970

Robert W. BETTS, II, Plaintiff, v. RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, Defendants.

No. Civ.A. 3:96-00054.

United States District Court, W.D. Virginia, Charlottesville Division.

September 11, 2000.

COPYRIGHT MATERIAL OMITTED

Dexter Brock Green, Jones & Green, Charlottesville, VA, for Robert W. Betts, II, plaintiff.

Richard Croswell Kast, University of Virginia, Office of the General Counsel, Charlottesville, VA, for Rector and Visitors of the University of Virginia, defendant.

MEMORANDUM OPINION

WILSON, Chief Judge.

This is a suit for declaratory and injunctive relief by Plaintiff, Robert W. Betts, II, ("Betts"), against Defendants, Rector and Visitors of the University of Virginia (the "University"), alleging violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"); the Rehabilitation Act, 29 U.S.C. § 701 et seq.; 42 U.S.C. § 1983; and Virginia contract law; for being denied admission to the University's medical school. This court previously granted summary judgment to the University and dismissed all of Betts' claims. The Fourth Circuit affirmed this court's granting of summary judgment as to the § 1983 and state law claims, but reversed as to Betts' ADA and Rehabilitation Act claims and remanded for a determination of whether Betts is "disabled" under the ADA. This court has jurisdiction pursuant to 28 U.S.C. § 1331, 29 U.S.C. § 794(a), and 42 U.S.C. §§ 12133, 2000e-5. This matter is before the court on the University's renewed motion for summary judgment, asserting that Betts is not "disabled" under the ADA; and Betts' renewed motion for summary judgment, which focuses on the same issue, and alternatively asserts that the court should disallow further argument as to whether Betts is disabled because the University previously conceded this issue. Finding that Betts is not "disabled" under the ADA and that the University's previous treatment of this issue does not prevent the court from considering it, the court will accordingly grant the University's renewed motion for summary judgment and deny Betts' renewed motion for summary judgment.

I.

Robert W. Betts, II, is a 1994 graduate of North Carolina Wesleyan College, where he majored in both Biology and Chemistry. Following college, he was accepted into the University of Virginia's School of Medicine pursuant to the Medical Academic Advancement Post-Baccalaureate Program ("MAAP"), designed for economically disadvantaged and minority students. MAAP guaranteed admission to the University's medical school to selected applicants who, inter alia, completed the program and maintained a minimum GPA of 2.75 per semester, received no grade below a C, and met the requirement of satisfactory performance to be judged by a faculty committee. (Pl.'s Compl., Exhibit 2.) Betts began the program in the summer of 1995 and continued through the fall semester. However, he failed to meet the minimum requirements; he achieved only a 2.223 GPA and received a Din physics. Nonetheless, the faculty committee decided to permit Betts to proceed under a modified set of requirements. The faculty committee notified Betts that if he accepted tutoring and submitted to testing for a learning disability, he would be permitted to continue, pending reevaluation of his performance by the faculty committee at the end of the academic year. (Pl.'s Compl., Exhibit 4.)

Betts agreed to these terms and was examined by the University Learning Needs and Evaluation Center ("LNEC"). The LNEC issued a preliminary letter to Betts' professors on April 12, 1996, stating that Betts had "difficulties with short-term memory [and] reading speed." It recommended that Betts be given double time for all examinations. (Pl.'s Compl., Exhibit 6.) An official report that followed on June 27, 1996, did not diagnose Betts with a specific learning disability, but found that he "had high average verbal conceptual skills and average intellectual ability," but showed "significant weaknesses in particular patterns of abilities." LNEC concluded that Betts lacked "adequate strategies when information exceed[ed] the storage capacity of his short term memory," and that he "demonstrated a pattern of uneven cognitive processing skills consistent with a mild learning disability." LNEC again recommended that Betts receive double time for all exams. (Def.'s Renewed Mot.Summ.J., Exhibit 5.)

Betts subsequently obtained an independent evaluation by Dr. Robert L. Muller, a licensed clinical psychologist. Dr. Muller administered the Wechsler Adult Intelligence Scale (WAIS-R) test and found that Betts has a learning disability. However, the test results also showed that Betts' I.Q. is in the superior range (96th percentile). (Id., Exhibit 6.)

Upon receiving the April 12, 1996, letter from the LNEC, the University immediately doubled the allotted time Betts was previously permitted on exams, and he took five exams with the enlarged time. On these five exams, Betts received grades in the A or B range. In the spring semester, however, Betts achieved only a 2.838 GPA, which gave him a cumulative GPA of 2.531 for the year. The other MAAP participants attained GPAs of 4.0, 3.4, 3.3, 3.5, 3.6, and 4.0 for the spring and 3.9, 3.5, 3.2, 3.6, 3.6, and 3.8 for the year. On May 28, 1996, the faculty committee met, decided that Betts had failed to demonstrate that he was prepared to enter medical school, and rescinded his offer of admission. Betts was informed that his "failure to meet the overall GPA standard of 2.75 for the academic year" was the reason for the decision of the faculty committee to rescind its offer of admission. (Pl.'s Compl., Exhibit 7.) Betts appealed to the Dean of the Medical School Robert M. Carey, who notified Betts on June 10, 1996, that he would uphold the faculty committee's decision. Betts, with his counsel, was given an additional opportunity to appear before Dean Carey, the Admissions Director Beth A. Bailey, and Associate Dean for Admissions Benjamin C. Sturgill. During that August 6, 1996, meeting, Betts was offered yet another chance to enter into the Medical School, albeit not before the fall of 1997, on newly revised terms.¹ Instead of accepting the offer, Betts filed this lawsuit on August 9, 1996, seeking declaratory relief that the University violated the ADA, the Rehabilitation Act, and the Due Process Clause, and that the University breached its contract with Betts. Betts also sought injunctive relief, requiring defendants to immediately reinstate Betts into the 1996-97 Medical School class and requiring the University to reinstate Betts' financial aid, which he received as a MAAP participant. Finally, Betts asked for costs and attorney's fees pursuant to the ADA, the Rehabilitation Act, and 42 U.S.C. § 1988. The motion for injunctive relief was denied on August 16, 1996.

After discovery and the filing of an amended complaint by Betts, both parties filed cross-motions for summary judgment. For purposes of these summary judgment motions, the University did not contest the issue of whether Betts has a "disability," as defined by the ADA. Instead, the dispositive issue on the ADA and Rehabilitation Act claims was whether Betts "is an otherwise qualified individual" under the ADA. On May 27, 1997, Senior District Judge James H. Michael, Jr., issued a Memorandum Opinion and Order granting the University's motion for summary judgment, and denying Betts' cross-motion. In ruling on Bett's ADA and Rehabilitation Act claims, the court found that Betts was not a "qualified individual" because he was not able to meet the academic standards required for admission to the School of Medicine. In ruling on his procedural and substantive due process claims, the court found that the University's decision was neither arbitrary nor capricious. Finally, in rejecting Betts' breach of contract claim, the court held that the alleged contract between the parties gave the University the sole discretion to determine whether Betts was prepared for the School of Medicine.

On June 25, 1997, Betts filed a Notice of Appeal with the court. After briefing and oral argument, the Fourth Circuit issued its opinion on September 22, 1999. See Betts v. Rector and Visitors of the University of Virginia, No. 97-1850, 1999 WL 739415 (4th Cir. Sept.22, 1999) (unpublished opinion). The Fourth Circuit affirmed the district court's rulings on Betts' due process and state contract claims, but reversed and remanded the court's rulings with regard to the ADA and Rehabilitation Act claims. The Court of Appeals held that Betts is a "qualified individual" because he is able, with accommodation, to meet the essential requirements for admission to the School of Medicine. However, the Fourth Circuit found that Betts had not yet made out a prima facie case of discrimination, because the district court "assumed, without deciding, that Betts was disabled." Id. at *7. Therefore, on remand, this court must determine "whether Betts is disabled for purposes of the ADA." Id.

After a status conference on December 7, 1999, the court issued an order instructing the parties to brief the following issues: (1) Whether the University previously conceded that the plaintiff is disabled under the ADA; and (2) whether Betts qualifies as disabled under the definitions set forth by the ADA in 42 U.S.C. § 12102(2)(A)-(C). (Order dated January 21, 2000.) Betts filed a renewed motion for summary judgment on March 23, 2000, asserting that the University conceded the disability issue in prior proceedings and that, even if the University did not concede the issue, Betts is disabled under 42 U.S.C. § 12102(2)(A) and (C).² The University responded on April 24, 2000, by filing a renewed motion for summary judgment, addressing the same issues. On April 26, 2000, Judge Michael transferred the case to Chief District Judge Samuel G. Wilson, who conducted a hearing on the motions on May 26, 2000.

II.

Betts asserts that he is...