Cadelli v. Fort Smith School Dist.

• Decision Date: 30 September 1993
• Docket Number: Civ. No. 92-2060.
• Citation: 852 F. Supp. 789
• Parties: Dino CADELLI, Plaintiff, v. FORT SMITH SCHOOL DISTRICT, Defendant.
• Court: U.S. District Court — Western District of Arkansas

852 F. Supp. 789

Dino CADELLI, Plaintiff, v. FORT SMITH SCHOOL DISTRICT, Defendant.

Civ. No. 92-2060.

United States District Court, W.D. Arkansas, Fort Smith Division.

September 30, 1993.

Gregory T. Karber and Eileen Kradel, Pryor, Barry, Smith, Karber & Alford, Fort Smith, AR, for plaintiff.

Richard L. Spearman, Thompson & Llewellyn, P.A., Fort Smith, AR, for defendant.

ORDER

HENDREN, District Judge.

Introduction

Plaintiff, Dino Cadelli, brings this action pursuant to § 504 of the Rehabilitation Act of 1973, alleging that he suffers from a mental condition known as Anxiety Panic Disorder and, therefore, is an "otherwise qualified individual with handicaps" within the meaning of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. ("Rehabilitation Act"). Plaintiff alleges that the defendant (his former employer), the Fort Smith School District ("School District"), discriminated against him because of his alleged handicap when it failed to accommodate his handicap and forced him to retire in violation of the Rehabilitation Act. The School District denies these allegations.

Jurisdictional Statement

This Court has subject matter and personal jurisdiction pursuant to the provisions of 28 U.S.C. § 1331 and 28 U.S.C. § 1343.

Procedural Background

Plaintiff sought and received Disability Retirement under the Arkansas Teacher Retirement System with his retirement date being March 15, 1991.

By letter of November 27, 1991 (Defendant's Exhibit 24), plaintiff filed his complaint with the School District, pursuant to the complaint resolution procedure utilized by the School District, alleging, inter alia, that the School District had violated the Rehabilitation Act by (a) failing to give to him a summative evaluation in a timely manner before plaintiff sought and received disability retirement; and (b) refusing to allow him a one-year sick leave. Plaintiff therein contended that these two alleged actions or inactions by the School District constituted "... an intentional act by the Fort Smith School Board and Dr. Benny Gooden to terminate (plaintiff) as a teacher of the Fort Smith School System." (Defendant's Exhibit 24, page 2).

After a hearing held December 17, 1991, the Equity Hearing Committee set up under the School District's procedures made the following decision which was then approved by the Superintendent of Schools:

Mr. Cadelli was not discharged by the District, but rather he voluntarily sought disability retirement. Mr. Cadelli's doctor reported disability retirement was necessary because he was "disabled from performing his usual job as a teacher." His disability retirement which was granted by the Teacher Retirement System on March 7, 1991, made the request for a year's leave of absence and the summative evaluation unnecessary. Mr. Cadelli was not, in this committee's opinion, discriminated against by the Fort Smith School District. Therefore, his complaint was not substantiated under § 504 of the Rehabilitation Act of 1973. (Defendant's Exhibit 25).

By letter of January 15, 1992, plaintiff appealed the decision of the Committee and Superintendent to the Board of Education of the School District. (See Defendant's Exhibit 26).

After a hearing on January 27, 1992, at which plaintiff appeared with counsel, the School District's Board of Education essentially affirmed and adopted the said decision, saying:

The Board of Education has considered the contention of Dino Cadelli that his rights pursuant to § 504 of the Rehabilitation Act of 1973, have been denied. It is the finding of the Board that Mr. Cadelli was not discharged by the District. Mr. Cadelli voluntarily sought disability retirement and the effective date of his retirement was March 15, 1991. In support of his Disability Retirement Application, Mr. Cadelli received a report from David Kocher, M.D., who found Mr. Cadelli to be disabled from performing his usual job as a teacher because of increased problems with concentration and memory. During the process of making a claim of discrimination, Mr. Cadelli has sought various remedies. Those remedies include a request that he be allowed to take a year's leave of absence, a request that his summative evaluation for the year 1990-91 be completed, and now a request for reinstatement.

Mr. Cadelli was not discriminated against by the Fort Smith School District. His claim of discrimination pursuant to § 504 of the Rehabilitation Act of 1973 is without factual support, and he is not entitled to any of the requested relief.

The vote of the Board to adopt the above findings is 6/0.

(Defendant's Exhibit 27).

Plaintiff did not further appeal the School District's decision but, instead, filed this action.

Controlling Authority

§ 504 of the Rehabilitation Act prohibits discrimination in the workplace against a person with handicaps. It states:

"No otherwise qualified individual with handicaps in the United States, as defined by Section 7(8) 29 U.S.C.S. § 706(8), shall, solely by reason of her or his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...."

29 U.S.C. § 794.¹

In view of the uncontested fact that plaintiff retired from teaching with the School District on March 15, 1991, the court must first determine whether plaintiff was, in fact, excluded, within the meaning of § 504, from further teaching with the School District.

If plaintiff's retirement was indeed voluntary, then it would appear he was not so excluded within the meaning of the said Act and the inquiry could end there.

If the retirement was not voluntary and/or was forced or coerced, then the court must then determine whether plaintiff is an "individual with handicaps" within the meaning of § 504 and, possibly, whether plaintiff is "otherwise qualified" within the meaning of said § 504.

These considerations will be discussed in detail and with reference to applicable authorities below.

Findings of Fact

1. Plaintiff holds a Masters degree in science and a Masters degree in Education with a counseling major. He is certified by the State of Arkansas to teach chemistry, biology, general science, life science, physiology and as a school counselor.

2. Plaintiff had taught in the School District for some twenty-two and a half years before he retired effective March 15, 1990.

3. Plaintiff contends he has suffered from a condition known as Anxiety Panic Disorder (APD) all his life. He says the condition, when untreated, caused him to be nervous around groups of people, caused his hands to shake and caused periods of extreme anxiety. He further says that stressful situations aggravate his condition even when he is on medication designed to control it.

4. In approximately 1971, plaintiff was seriously injured when he was struck by a car. According to one of his physicians, Dr. David Kocher, plaintiff has ever since suffered and now suffers memory loss, concentration difficulties, anxiety and emotional problems as a result of such injuries.

5. Plaintiff says his condition, (APD), is chronic and deteriorating. Plaintiff's doctors have placed him on a drug called Nardil which allows him to cope with most everyday life situations. Plaintiff also suffers from chronic high blood pressure which cannot always be controlled.

6. Plaintiff was employed by the School District as a teacher beginning in 1968 and continued such employment until March 15, 1991 when he retired after obtaining a disability retirement from the Arkansas Teacher Retirement System.

7. Plaintiff began his career with the School District at Kimmons Junior High School where he taught general science and life science for approximately five years.

8. Following his automobile accident, plaintiff taught at the School District's Alternative School for two years and then was transferred to Southside High School for several years where he taught general science, earth science, biology, and health careers and technology.

9. Plaintiff requested and was granted a transfer back to Kimmons Junior High School in 1984, and there taught life science, general science and health.

10. Following a personality conflict with his principal at Kimmons during the 1988-89 school year, plaintiff requested a transfer from his position at Kimmons for the coming year.

11. In response to plaintiff's request, he was transferred to Northside High School for the 1989-90 school year although there were then no academic staff openings at Northside for classes plaintiff was qualified to teach.

12. The School District created a position for plaintiff at Northside during the 1989-90 school year in which he had no teaching assignments but was basically assigned to patrol the Northside campus.

13. During the 1989-90 school year, plaintiff let it be known to his principal at Northside, Bill Bardrick, and to others that he would very much like to again teach science.

14. Bill Davis, a teacher for some 29 years and head of the Science Department at Northside during both the 1989-90 and 1990-91 school years, did not initially suggest that plaintiff be given science teaching assignments for the 1990-91 year although he was aware of plaintiff's desires. However, knowing that his principal, Bill Bardrick, needed some help in the Math department and that one of his science teachers, Bill Byers, was both qualified and desirous of teaching Math, Davis suggested that plaintiff be allowed to teach science and that Byers be assigned to teach Math and other subjects. It was Davis' belief that these suggestions would be welcomed by both Byers and plaintiff and would accommodate their respective desires.

15. As a result of Davis' suggestion, plaintiff was assigned to teach six periods of life science at Northside during the 1990-1991 school year.

16. Plaintiff encountered discipline problems in his science classes which he says aggravated his mental condition and caused him to be...