Chandler v. Tech. Coll. of the Lowcountry
| Decision Date | 11 July 2022 |
| Docket Number | 9:22-cv-01969-DCN |
| Parties | ASHLEY CHANDLER, Plaintiff, v. TECHNICAL COLLEGE OF THE LOWCOUNTRY, Defendant. |
| Court | U.S. District Court — District of South Carolina |
ASHLEY CHANDLER, Plaintiff,
v.
TECHNICAL COLLEGE OF THE LOWCOUNTRY, Defendant.
No. 9:22-cv-01969-DCN
United States District Court, D. South Carolina, Beaufort Division
July 11, 2022
ORDER
DAVID C. NORTON UNITED STATES DISTRICT JUDGE
The following matter is before the court on plaintiff Ashley Chandler's (“Chandler”) motion for preliminary injunction, ECF No. 5. For the reasons set forth below, the court grants the motion.
I. BACKGROUND
Technical College of the Lowcountry (“TCL”) is a publicly-funded technical college that trains and educates individuals seeking licensure to practice nursing in South Carolina. Prior to her expulsion on June 15, 2022, Chandler was enrolled in TCL's nursing program. The nursing program requires students to complete certain programspecific clinicals. Chandler was assigned to complete a clinical scheduled to begin on June 14, 2022 at one of TCL's clinical partners, Memory Matters. Memory Matters had a policy in place requiring vaccination against COVID-19 and that did not allow for exemptions. Chandler alleges that she has a valid medical and religious exemption to COVID-19 vaccine mandates pursuant to S.C. Act No. 142, entitled “Vaccine Mandates.” According to Chandler, TCL and Memory Matters did not accommodate her exemptions
by permitting her to attend her clinical in person or providing an alternative virtual experience.
On May 9, 2022, TCL allegedly informed Chandler, “[s]ince the clinical site [Memory Matters] is not allowing exemptions, you will need to decide whether you are willing to meet the aforementioned clinical requirement, which is required for you to progress through this course and the nursing program.” ECF No. 5-2. Thereafter, Chandler retained legal counsel to attempt to negotiate an agreement with either TCL or Memory Matters that would allow her to complete her nursing program and graduate. On May 10, 2022, Chandler posted to her personal Facebook page the following:
Nursing school is challenging my exemption request again Please pray for a resolution in my favor. Just 3 classes to go
Edited to add: I have had to hire a lawyer. Please consider giving a gift to help pay for my legal fees
ECF No. 5-5.
On June 3, 2022, after allegedly failing to hear from the TCL nursing department regarding her grievance for some time and with a mandatory orientation scheduled to begin June 6, Chandler again posted to her personal Facebook page:
Now I am being ghosted by the college. I've been given permission to start class while my grievance appeal is being processed. Apparently there is a course orientation scheduled for Monday, June 6. I've received ZERO communication from the nursing department since May 18. Please tell me how I can expect a fair education at this point? I'm thinking about starting a go fund me to help pay for legal fees. Here's the fundraiser: [link provided]
Edited to add: I had to have my attorney contact the school and within MINUTES I have received an email notifying me of MANDATORY ORIENTATION AT 9AM MONDAY JUNE 6! Good thing I am not scheduled to work that day, but now I have to arrange childcare.
ECF No. 5-6.
On June 9, 2022, after receiving several communications from TCL regarding her grievance that suggested that they would not provide Chandler with an accommodation, Chandler posted on her personal Facebook page yet again:
The saga continues.......while I was given permission by T C L to start my nursing course this week, I have been told that I am not allowed to attend a four hour clinical assignment at Memory Matters on Hilton Head. M emory M atters has enacted a vaccine mandate at their facility and they are not accepting any exemptions.
The school is still refusing to provide me with an alternative experience, whether it be attending a memory matters class virtually, attend a different facility, or complete a Virtual Simulation. I have offered several solutions, and I have offered to do extra work. They've really dug in their heels, and I am at a loss to understand why. It feels personal, as if they are intentionally trying to remove me from the program. I have a religious exemption AND a medical exemption, AND my blood work shows I have NATURAL IMMUNITY to the C virus. I will continue to stand up for what I believe in and I will stand up for what is right. We've had to hire a lawyer, and due to the school and the facility dragging their heels, it is getting expensive. I started a fundraiser to help with legal fees. Link in comments.
ECF No. 5-9.
That same day, Chandler also posted on the South Carolina Medical Freedom Facebook group page:
Hello! I am an LPN going back to college for my RN and I am being forced to choose between my Religious beliefs, my health (I also have a medical exemption), or furthering my education. While I was given permission by the College T C L to start my nursing coursing this week, I have been told that I am not allowed to attend a four hour clinical assignment at M emory M atters on Hilton Head. M emory M atters has enacted a vaccine mandate at their facility and they are not accepting any exemptions. The school is still refusing to provide me with an alternative experience, whether it be attending a memory matters class virtually, attend a different facility, or complete a Virtual Simulation. I have offered several solutions, and I have offered to do extra work. They've really dug in their heels, and I am at a loss to understand why. It feels personal, as if they are intentionally trying to remove me from the program. I have a religious exemption AND a medical exemption, AND my blood work shows I have NATURAL IMMUNITY to the C virus. I will continue to stand up for what I believe in and I will stand up for what is right. We've had to hire a lawyer, and due to
the school and the facility dragging their heels, it is getting expensive. I started a fundraiser to help with legal fees.
ECF No. 5-10.
On June 13, 2022, the day before Chandler was initially scheduled to attend her required clinical, Memory Matters sent Chandler correspondence indicating that it had reconsidered and was “allowing a one-time COVID-19 religious exemption to Ms. Chandler such that she can attend programing tomorrow, June 14, 2022.” ECF No. 5-3. According to TCL, around this time, Memory Matters was made aware of one of Chandler's social media posts and informed TCL that Chandler was banned from the facility entirely, regardless of vaccination status. ECF No. 8-15. Thus, two days after purportedly receiving a religious exemption, Chandler received email correspondence from TCL's nursing program director, Vandy Amason, informing Chandler that she was being expelled from the TCL nursing program[1] and that she was no longer permitted to attend classes or clinicals. ECF No. 5-4. The expulsion email from TCL informed Chandler that it expelled her from the nursing program due to “three separate social media posts” it claimed “were unprofessional and reflect[ed] negatively upon [TCL], the health sciences division, the nursing program, and one of [TCL's] clinical facilities.” Id. TCL advised Chandler that “[d]ue to these [posts], [TCL's] future partnership with the clinical affiliate is in question.” Id. TCL further advised Chandler that the posts violated Section III of TCL's “Health Sciences Guidelines for Appropriate Use of Social Networking Websites” contained in TCL's Health Sciences Division Handbook. Id. The
email stated that Chandler violated the following provisions in TCL's Health Sciences Division Handbook:
SECTION III: PROFESSIONAL CONDUCT
GUIDELINES FOR APPROPRIATE USE OF SOCIAL MEDIA NETWORKING WEBSITES
Breach of this policy may result in disciplinary action and/or termination from the program.
1. Social networking websites provide a unique opportunities [sic] for students to get to know one another, share experiences, and keep contact. As with any public forum, it is important that the users of these sites are aware of the associated risks and act in a manner that does not embarrass the student, the Health Sciences Division, clinical sites or the Technical College of the Lowcountry. It is also important to ensure patient information is not made publicly available. The Health Science Division has adopted the following guidelines to assist students safely using these sites.
2. Personal Privacy
a. We recommend setting your profiles on social networking sites so that only those individuals who you have provided access may see your personal information
c. [sic] Be sure you are aware of the security and privacy options available to you on any sites where you post personal information. Keep in mind that privacy settings are not impervious, and information can be shared willingly or unwillingly with other [sic], even with “Friends Only” access.
3. Professionalism
a. Use of these sites can have legal ramifications. Comments made regarding care of patients or that portray you or your colleague in an unprofessional manner can be used in court or other disciplinary proceedings.
c. [sic] Statements made under your profile are attributable to you and are treated as if you verbally made that statement in a public place.
f. [sic] Students may be subject to disciplinary actions within the College for comments that are unprofessional or violate patient privacy.
g. Keep in mind you are representing the Technical College of the Lowcountry Health Sciences Division when you log on a site and make a comment or post a photograph.
SECTION I: ACADEMIC INFORMATION
C. PROGRESSION STANDARDS FOR ACADEMIC PROCESS
Standards - Students in the Health Sciences Programs are also subject to the standards detailed below:
10: A student will not be able to progress in the course sequence if:
c: there is...
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