Davis v. Univ. of N.C. at Greensboro
| Decision Date | 29 September 2020 |
| Docket Number | 1:19CV661 |
| Parties | AUTUMN DAVIS, Plaintiff, v. UNIVERSITY OF NORTH CAROLINA AT GREENSBORO, THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, and RALEIGH SCHOOL OF NURSE ANESTHESIA, Defendants. |
| Court | U.S. District Court — Middle District of North Carolina |
Plaintiff Autumn Davis brings eight claims against Defendants University of North Carolina at Greensboro ("UNCG" or "the University"), the Board of Governors of the University of North Carolina (the "Board"), and Raleigh School of Nurse Anesthesia ("RSNA"). Defendants UNCG and the Board (collectively "Defendants") have moved to dismiss Plaintiff's claims under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), (Doc. 8), Plaintiff responded, (Doc. 10), and Defendants have filed a reply, (Doc. 11). This case is ripe for adjudication. For the reasons set forth herein, the court will grant Defendants' motion in part and deny Defendants' motion in part.
On a motion to dismiss, a court must "accept as true all of the factual allegations contained in the complaint . . . ." Ray v. Roane, 948 F.3d 222, 226 (4th Cir. 2020). The facts, taken in the light most favorable to Plaintiff, are as follows.
Plaintiff Autumn Davis ("Plaintiff" or "Ms. Davis") is a resident of North Carolina. (Complaint ("Compl.") (Doc. 1) ¶ 9.) Defendant UNCG is a "component" of the University of North Carolina ("UNC") System. (Id. ¶ 1.) It is a state institution located in Greensboro, North Carolina, established pursuant to the laws of North Carolina. (Id.) Defendant UNCG receives federal financial assistance for the purposes of Section 504 of the Rehabilitation Act and is a public entity for the purposes of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132 (Id. ¶ 2.)
The Board is "the policy-making body legally charged with the general determination, control, supervision, management and governance of all affairs of the constituent institutions," and has supervisory authority over the UNC system's member-institutions. (Id. ¶¶ 4-5.)
Defendant RSNA is a nonprofit corporation organized under the laws of North Carolina. (Id. ¶ 6.) Defendant RSNA is allegedly a "joint/single entity with UNCG."1 (Id. ¶ 7.)
The following individuals are not defendants but are relevant actors for Plaintiff's Complaint. Dr. Robin Remsburg is the Dean of UNCG's School of Nursing. (Id. ¶ 18.) Dr. Kelly Burke is the Dean of UNCG's Graduate School. (Id. ¶ 19.) Dr. Franklin Gilliam, Jr., is UNCG's Chancellor. (Id. ¶ 20.) Jerry D. Blakemore is UNCG's General Counsel. (Id. ¶ 22.) Harry Smith, Jr., is the Chair of the UNC Board. (Id. ¶ 23.) Thomas C. Shanahan is the Senior Vice-President and General Counsel for the UNC Board. (Id. ¶ 24.)
Plaintiff enrolled in UNCG's Doctor of Nursing Practice ("DNP") program in August 2015, in order to obtain a Master of Science in Nursing degree, with a concentration in nurse anesthesia. (Id. ¶ 15.) Plaintiff sought to become a Certified Registered Nurse Anesthetist ("CRNA"). (Id. ¶ 14.) Plaintiff also enrolled as required at RSNA, a nonprofit associated with the DNP program. (Id. ¶ 15.)
"The DNP program requires, among other things, the completion of academic courses and practicum courses, which are to be completed in a supervised clinical setting through RSNA." (Id. ¶ 16.) UNCG and RSNA assigned Plaintiff to perform clinical work at local North Carolina hospitals, such as Rex Hospital and WakeMed Hospital, as a student nursing anesthetist. (Id. ¶ 17.) A CRNA employed by the attending hospital supervised Plaintiff while performing her clinical work. (Id.)
UNCG assigned Plaintiff to work as a Student Registered Nursing Anesthetist at WakeMed Raleigh Hospital ("WakeMed") in July 2016. (Id. ¶ 37.) A particular male CRNA ("male CRNA") acted as her direct supervisor during much of her time at WakeMed. Plaintiff alleges that this male CRNA repeatedly "made sexually suggestive and otherwise inappropriate jokes to Ms. Davis." (Id. ¶ 38.) For instance, " (Id.) This male CRNA also repeatedly asked Plaintiff to strip for him. (Id. ¶ 38.) He also "asked Ms. Davis out on dates, even after she asked him to stop," and "pushed his erect penis against Ms. Davis' body while she was working." (Id.)
Plaintiff was "mortified by the particular male CRNA's conduct and suffered substantial distress as a result, to the point of being diagnosed with anxiety and depression." (Id. ¶ 40.)
Plaintiff reported this conduct to Dr. Nancy Shedlick ("Dr. Shedlick") and Dr. Linda Stone ("Dr. Stone") in July 2016. (Id. ¶ 41.) Dr. Shedlick was the Program Administrator "in charge of UNCG's DNP program." (Id. ¶ 35.) Dr. Stone served as the RSNA Assistant Program Administrator for the DNP program and reported directly to Dr. Shedlick. (Id. ¶ 36.) Upon receiving Plaintiff's first complaint, Dr. Stone "pointedly asked Ms. Davis, 'are you sure you want to make this type of complaint?' in an attempt to intimidate Ms. Davis and otherwise cause her to withdraw her complaint." (Id. ¶ 42.) Moreover, "Dr. Shedlick and Dr. Stone intentionally downplayed the particular male CRNA's conduct and tried to claim it somehow was 'accidental.'" (Id.) Both Dr. Shedlick and Dr. Stone then "pressured Ms. Davis not to share her complaint with anyone else." (Id.) Plaintiff did not withdraw her complaint. (Id. ¶ 43.) Despite Plaintiff's allegations, no meaningful investigation of her complaint ever occurred. (Id.)
Around the end of October 2016, Defendants assigned Plaintiff to work with the same male CRNA again. (Id. ¶ 44.) Plaintiff complained to the Chief CRNA at WakeMed and "asked why she was assigned to the male CRNA notwithstanding his past conduct towards her." (Id.) The Chief CRNA told Plaintiff that neither she nor the hospital had been advised about Plaintiff's sexual harassment complaint, nor had she been told that the hospital should restrict interactions between Plaintiff and the male CRNA. (Id.) The Chief CRNA directed Plaintiff to "speak again with Dr. Shedlick and Dr. Stone and obtain their authorization for restrictions on her contacts with the male CRNA." (Id.) Plaintiff followed this directive and emailed Dr. Stone on November 1, 2016, in which Plaintiff stated that "[e]very encounter with [the male CRNA] has escalated, and the last encounter left me feeling sexually exploited for weeks." (Id. ¶ 45 (alterations in original).) Dr. Stone and Dr. Shedlick responded by "reprimand[ing] Ms. Davis for going 'outside the chain of command' by bringing this issue to [the Chief CRNA]'s attention." (Id. ¶ 46.) Dr. Stone then stated that, despite Plaintiff's previous complaints of harassment, Plaintiff "needed to understand" that she "'may work with [the male CRNA] when assigned to Wake as he works the call schedule'" and she "'may be assigned with him on off-shifts.'" (Id.)
Plaintiff also alleges that, prior to July 2016, "multiple female students in the DNP program lodged sexual harassment and/or related complaints while training as Registered Nurses at local North Carolina hospitals," that "some or all of these complaints were made against the same male CRNA, who on information and belief continues to remain employed within the UNC Healthcare System," and that "each of the named Defendants were aware and/or should have been aware of the pre-July 2016 complaints." (Id. ¶ 26.) Further, Plaintiff alleges, "UNCG (including but not limited to its Human Resources Department, its Legal Department and its General Counsel Jerry Blakemore), the UNC Board (including but not limited to its General Counsel Thomas Shanahan) and RSNA were and have been aware of the unlawful sexual harassment and retaliation" and "have refused to take appropriate steps to investigate and remedy the unlawful conduct." (Id. ¶ 29.)
Plaintiff suffers from attention deficit/hyperactivity disorder ("ADHD"). (Id. ¶ 47.) Plaintiff "requested reasonable accommodations from UNCG, including extended time for completing exams and placement in a quiet environment when taking exams to limit interruptions." (Id. ¶ 48.) Though UNCG "granted" theserequests, Plaintiff alleges it "intentionally took steps to ensure the accommodations were not implemented properly." (Id. ¶ 49.) She alleges that "Dr. Stone and Dr. Shedlick () repeatedly interrupted Ms. Davis during testing and otherwise ensured that she did not take exams in a quiet working environment." (Id.) Dr. Stone and Dr. Shedlick also frequently mocked Plaintiff's disability in front of other students and yelled at Plaintiff prior to exams over her requested accommodations. (Id. ¶ 50.) Further, Plaintiff alleges "Dr. Stone and Dr. Shedlick . . . threatened to have Ms. Davis dismissed from the DNP program if she complained about any of their conduct towards her." (Id.)
Despite these threats, Plaintiff complained to UNCG's Office of Accessibility and Resource Services about what she perceived to be disability-based discrimination and retaliation. (Id. ¶ 51.) Plaintiff alleges that, in response, throughout 2017 and 2018 "UNCG (through Dr. Shedlick, Dr. Stone and others) engaged in a near daily campaign to inflict maximum harm upon Ms. Davis, a student who had engaged in protected conduct under the ADA, Title IX and other laws." (Id. ¶ 53.) For example, Plaintiff contends that UNCG retaliated against her by continuing to assign her to work at WakeMed, sometimes under the male CRNA's supervision; having Dr. Shedlick and Dr. Stone claimPlaintiff...
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