Davis v. Southeastern Community College, Civ. A. No. 75-0041-CIV-3.

CourtUnited States District Courts. 4th Circuit. Eastern District of North Carolina
Writing for the CourtEdward Williamson, of Williamson & Walton, Whiteville, N. C., for defendant
Citation424 F. Supp. 1341
PartiesFrances B. DAVIS, Plaintiff, v. SOUTHEASTERN COMMUNITY COLLEGE, Defendant.
Docket NumberCiv. A. No. 75-0041-CIV-3.
Decision Date22 December 1976

424 F. Supp. 1341

Frances B. DAVIS, Plaintiff,
v.
SOUTHEASTERN COMMUNITY COLLEGE, Defendant.

Civ. A. No. 75-0041-CIV-3.

United States District Court, E. D. North Carolina, Fayetteville Division.

December 22, 1976.


424 F. Supp. 1342

Warren L. Pate, and Philip A. Diehl, Raeford, N. C., for plaintiff.

Edward Williamson, of Williamson & Walton, Whiteville, N. C., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HEMPHILL, District Judge.

This is an action brought by plaintiff under the provisions of 42 U.S.C. § 1983 alleging that the defendant institution denied plaintiff equal protection of the law and due process in denying her admission to the Associate Degree Nursing Program of defendant institution, and under 29 U.S.C. § 794 alleging that plaintiff was discriminated against by the defendant institution in denying her admission because of a hearing disability. After hearing and considering the testimony adduced at trial, and considering the various pleadings, exhibits, and submissions taken into evidence, including a review of the court's notes taken at the time of trial, upon the credible evidence presented, the court publishes the following:

FINDINGS OF FACT

1. The court has jurisdiction of the subject matter of this claim pursuant to 28 U.S.C. § 1343(3).

2. That plaintiff is a citizen and resident of Robeson County, North Carolina, and was enrolled at the defendant institution during the 1973-74 academic year in the College Parallel program. This College Parallel program is designed as a preparatory program for entrance into the Associate Degree Nursing Program.

3. That the defendant institution is a community college established under Chapter 115-A of the General Counsel Statutes of North Carolina as a public educational institution operating by and through a duly appointed and qualified Board of Trustees as authorized by said statute.

4. That the Associate Degree Nursing Program was one of the academic programs administered by the defendant institution and that plaintiff made application for admission to said program for the fall quarter beginning in September 1974. It appears uncontroverted from the testimony adduced at trial that the purpose for the establishment and maintenance of the Associate Degree Nursing Program was to train people for licensing as Registered Nurses pursuant to the statutes of North Carolina. In accordance with the admissions criteria of the college for the Associate Degree Nursing Program, the plaintiff was interviewed by professional members of the college staff involved in the nursing program for the purpose of evaluating the suitability of the plaintiff for admission to the Associate Degree Nursing Program. The reports of such evaluation have been offered into evidence (see plaintiff's exhibits Nos. 23 and 34) and commented on in testimony and conclude that the plaintiff was not qualified to be admitted to the program. Subsequently an Admissions Review Committee considered the application of plaintiff and determined by reason of her severe hearing impairment that she is not a qualified applicant for training as a Registered Nurse.

5. That plaintiff successfully completed her schedule of classes for the 1973-74 school term prior to her application for admission into the Associate Degree Nursing Program. Plaintiff also is a duly qualified Licensed Practical Nurse, having been granted such professional license by the State of North Carolina in 1967, and which license is currently in good standing. From the testimony presented at trial, it appears that a Licensed Practical Nurse, unlike a Licensed Registered Nurse, operates under constant supervision and is not allowed to

424 F. Supp. 1343
perform medical tasks which require a great degree of technical sophistication

6. That the defendant institution had an established criteria for admissions of students to the Associate Degree Nursing Program and the standards and objectives established by the college included an evaluation of the physical condition of the applicant. Furthermore, there were in excess of 100 applicants for admission to the Associate Degree Nursing Program and only 45 available positions to be filled for the quarter in which plaintiff had applied for admission.

7. That plaintiff had a severe impairment of her ability to hear, which was detected early in the admission process. As a result of this condition, she was referred to an audiologist at Duke Hospital to advise and to determine the extent of her hearing difficulty. The hearing test administered by Dr. Burton B. King, Audiologist, indicated that plaintiff had bilateral sensorineural hearing loss. (Plaintiff's exhibits Nos. 6, 7 and 8). This report indicated that plaintiff has a moderately severe hearing loss in the right ear and a severe hearing loss in the left ear. She has a speech discrimination loss which results in remarkable difficulty in understanding speech because of the distortion in her hearing. However, she understands speech better in her right ear. She wears a hearing aid to assist her hearing in the right ear and she uses her vision to supplement her hearing and understanding speech. In this respect she is an excellent lip reader and although she does not possess normal hearing, she is skillful in communicating with other people if she wears her hearing aid and is allowed to see the talker and use her vision to aid her in interpreting the speech of others. She is well aware of gross sounds occurring in the listening environment but can only be responsible for speech spoken to her or when the...

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17 practice notes
  • Adler v. I & M Rail Link, L.L.C., No. C 97-3116-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • June 17, 1998
    ...Boeing Co., 501 F.Supp. 390, 394 (E.D.Pa. 1980), aff'd, 639 F.2d 774 (3d Cir.1981) (table op.); Davis v. Southeastern Community College, 424 F.Supp. 1341 (1976), vacated in part on other grounds, 574 F.2d 1158 (1978). One court, without reference to Novotny, rejected a civil conspiracy clai......
  • Crawford v. University of North Carolina, No. C-77-173-D.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • November 1, 1977
    ...class and entitled to a strict scrutiny analysis under the Equal Protection Clause. See also Davis v. Southeastern Community College, 424 F.Supp. 1341 (E.D. N.C.1976), where the district court dismissed the action of a deaf individual seeking admission to a nursing program. The court denied......
  • Simon v. ST. LOUIS CTY., MO., No. 77-1140-C(3).
    • United States
    • U.S. District Court — Eastern District of Missouri
    • June 27, 1980
    ...Id. at 403, 99 S.Ct. at 2365, quoting from the findings of the District Court, 497 F. Supp. 151 Davis v. Southeastern Community College, 424 F.Supp. 1341, 1343 In interpreting the phrase "otherwise qualified handicapped individual" the Supreme Court noted that "mere possession of a handicap......
  • Platt v. Burroughs Corp., Civ. A. No. 76-1888.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 22, 1976
    ...that the coverage of § 1985(3) is limited to invidious, class-based discrimination, and a group of persons over the age of 40 years 424 F. Supp. 1341 and under 65 is not a "class" for the purposes of that section. Since § 1986 liability presupposes the existence of a viable cause of action ......
  • Request a trial to view additional results
17 cases
  • Adler v. I & M Rail Link, L.L.C., No. C 97-3116-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • June 17, 1998
    ...Boeing Co., 501 F.Supp. 390, 394 (E.D.Pa. 1980), aff'd, 639 F.2d 774 (3d Cir.1981) (table op.); Davis v. Southeastern Community College, 424 F.Supp. 1341 (1976), vacated in part on other grounds, 574 F.2d 1158 (1978). One court, without reference to Novotny, rejected a civil conspiracy clai......
  • Crawford v. University of North Carolina, No. C-77-173-D.
    • United States
    • United States District Courts. 4th Circuit. Middle District of North Carolina
    • November 1, 1977
    ...class and entitled to a strict scrutiny analysis under the Equal Protection Clause. See also Davis v. Southeastern Community College, 424 F.Supp. 1341 (E.D. N.C.1976), where the district court dismissed the action of a deaf individual seeking admission to a nursing program. The court denied......
  • Simon v. ST. LOUIS CTY., MO., No. 77-1140-C(3).
    • United States
    • U.S. District Court — Eastern District of Missouri
    • June 27, 1980
    ...Id. at 403, 99 S.Ct. at 2365, quoting from the findings of the District Court, 497 F. Supp. 151 Davis v. Southeastern Community College, 424 F.Supp. 1341, 1343 In interpreting the phrase "otherwise qualified handicapped individual" the Supreme Court noted that "mere possession of a handicap......
  • Platt v. Burroughs Corp., Civ. A. No. 76-1888.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 22, 1976
    ...that the coverage of § 1985(3) is limited to invidious, class-based discrimination, and a group of persons over the age of 40 years 424 F. Supp. 1341 and under 65 is not a "class" for the purposes of that section. Since § 1986 liability presupposes the existence of a viable cause of action ......
  • Request a trial to view additional results

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