Flaim v. Medical College of Ohio

• Decision Date: 17 August 2005
• Docket Number: No. 04-3493.,04-3493.
• Citation: 418 F.3d 629
• Parties: Sean Michael FLAIM, Plaintiff-Appellant, v. MEDICAL COLLEGE OF OHIO, et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 629

418 F.3d 629

Sean Michael FLAIM, Plaintiff-Appellant, v. MEDICAL COLLEGE OF OHIO, et al., Defendants-Appellees.

No. 04-3493.

United States Court of Appeals, Sixth Circuit.

Argued: April 22, 2005.

Decided and Filed: August 17, 2005.

COPYRIGHT MATERIAL OMITTED

ARGUED: Edward L. Flaim, Kathleen A. Muldoon, Bethesda, Maryland, for Appellant. Robert W. Bohmer, Watkins, Bates & Carey, Toledo, Ohio, for Appellees. ON BRIEF: Edward L. Flaim, Kathleen A. Muldoon, Bethesda, Maryland, for Appellant. Robert W. Bohmer, John M. Carey, Watkins, Bates & Carey, Toledo, Ohio, for Appellees.

Before: MARTIN, COOK, and LAY, Circuit Judges.^*

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

We deal here, most regrettably, with a young man who made some unfortunate (and criminal) decisions and the administrators of a medical college who sought to expel him. Sean Michael Flaim was a third-year medical student attending the Medical College of Ohio. He was arrested and convicted of a felony drug crime. Medical College of Ohio subsequently expelled Flaim, who thereupon filed a sixteen-count complaint in federal district court naming Medical College of Ohio and various administrators, in their official and individual capacities, as defendants. The defendants filed a motion to dismiss, and upon receipt of the motion, the district court stayed discovery. On March 16, 2004, the district court granted in full the defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Flaim's timely appeal followed, averring error with respect to only his procedural and substantive due process claims against the college administrators in their official capacities. Because Medical College of Ohio's procedural approach was consistent with the bare-minimum requirements of due process, though perhaps less-than-desirable for an institution of higher learning, we affirm.

I.

Flaim was arrested by Toledo police in October 2001 while at his off-campus apartment. At the time, Flaim was a third-year medical student. He was charged with Aggravated Possession of Drugs (Ecstasy), Aggravated Possession of Drugs (D.O.B.), Possession of Cocaine, and Drug Abuse-Possession of L.S.D., all in violation of state law. At the time of his arrest, the police also confiscated a nine millimeter handgun and $9,511 in cash. A grand jury then indicted Flaim on four counts of felony drug possession. He ultimately pleaded guilty to one count of the lesser included offense of Attempted Possession of Drugs, still a felony, and was sentenced to two years of unsupervised probation.

Two days after his arrest, Medical College of Ohio notified Flaim by letter that he was suspended "until external investigations/hearings [were] completed." The letter further informed Flaim of his right to an internal investigation. On the advice of counsel and in an effort to avoid incriminating himself, Flaim declined to schedule a Medical College of Ohio internal investigation until the pending criminal charges were resolved. Medical College of Ohio notified Flaim that he would not be permitted to return to campus until he participated in an internal hearing regarding the "conduct that gave rise to [the] criminal charges."

Flaim's roommate, who had also been arrested in October 2001, but who was only charged with a misdemeanor, was allowed to return to classes later that fall without a hearing. Flaim requested similar treatment, and also requested that Medical College of Ohio certify him to take Step 1 of the United States Medical Licensing Examination. Medical College of Ohio's general counsel informed Flaim that he would not be permitted to return to campus until the completion of an internal hearing on the matter. With the felony charges still pending, Flaim demurred.

In April 2002, Flaim's step-mother, who is an attorney, met with the Dean of Medical College of Ohio, Amira Gohara, with the goal of securing Flaim's return to campus. Dean Gohara informed Flaim's step-mother that Medical College of Ohio was under the impression that Flaim had withdrawn from school upon requesting a tuition refund. Shortly after this meeting, Medical College of Ohio again notified Flaim by letter that he could not return to campus without an internal hearing.

After pleading guilty to one felony drug offense in June 2002, Flaim initiated contact with Medical College of Ohio and requested an internal hearing. On June 21, Flaim received written notice that he was to appear before the college's Student Conduct and Ethics Committee on June 28 to answer the Committee's questions regarding his arrest. The notice informed Flaim that pursuant to Medical College of Ohio policy, only those facing pending criminal charges were entitled to counsel at the hearing and therefore, because the criminal proceedings had concluded, Flaim was not entitled to the presence of counsel. The notice stated, however, that it would make an exception for Flaim and allow his attorney to be present during the internal hearing. On June 26, Flaim contacted Dean Gohara further inquiring about the details of the hearing. Flaim was told that the college had obtained portions of his criminal record and that the arresting officer would testify at the hearing.

At the hearing, the arresting officer testified and Committee members were able to ask the officer questions. Flaim's attorney was not allowed to ask questions or speak with Flaim. Flaim was not permitted to cross-examine the officer. The Committee extensively questioned Flaim to elicit his account of events. At the end of the hearing, the Committee informed Flaim that it would prepare a written recommendation for Dean Gohara for her final consideration. A written recommendation was never prepared, but on July 9, Flaim received a one-page letter from Dean Gohara notifying him that he was expelled from Medical College of Ohio for "violation of institutional standards of conduct." Flaim then requested a meeting with Dean Gohara, at which he was told that the college had a "zero-tolerance policy" regarding drugs, that a more specific reason for the decision would not be provided, that an appeal was not available, and that any further questions would have to be directed to the college's general counsel.

Flaim subsequently requested that Medical College of Ohio produce copies of all of his school records, including the Committee's written recommendation to Dean Gohara and a copy of the so-called zero-tolerance policy. Medical College of Ohio sent all records and documents except for the written recommendation and the zero-tolerance policy. Flaim then requested another hearing under Medical College of Ohio policy to correct his official record and to redress the denial of counsel at the hearing before Committee. Medical College of Ohio responded that because Flaim was no longer a student, he had no existing rights under any Medical College of Ohio policy. The college further stated that it had complied with its due process policy and therefore no further hearings would be held.

On appeal, Flaim argues that the district court erred in dismissing, for failure to state a claim, his procedural and substantive due process claims. Flaim also argues that the district court abused its discretion in barring discovery. For the reasons discussed below, we affirm the district court's judgment.

II.

In this Circuit we have held that the Due Process Clause is implicated by higher education disciplinary decisions. Jaksa v. Regents of Univ. of Mich., 597 F.Supp. 1245 (E.D.Mich.1984), aff'd, 787 F.2d 590 (6th Cir.1986) (finding due process clause implicated in suspension from university for cheating); see also Goss v. Lopez, 419 U.S. 565, 575, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975) (liberty and property interest implicated in high-school suspension); Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Gorman v. Univ. of R.I., 837 F.2d 7, 12 (1st Cir.1988) (a student's interest "in pursuing an education is included within the fourteenth amendment's protection of liberty and property"). "Once it is determined that due process applies, the question remains what process is due." Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). The amount of process due will vary according to the facts of each case and is evaluated largely within the framework laid out by the Supreme Court in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976). See also Gorman, 837 F.2d at 12 (stating that due process is "not a fixed or rigid concept, but, rather, is a flexible standard which varies depending upon the nature of the interest affected, and the circumstances of the deprivation"). Because Flaim's case is a disciplinary expulsion, rather than an academic one, we conduct a more searching inquiry. See Missouri v. Horowitz, 435 U.S. 78, 86, 98 S.Ct. 948, 55 L.Ed.2d 124 (1978) (academic decisions "call[] for far less stringent procedural requirements").

Many times over the Supreme Court has made clear that there are two basic due process requirements: (1) notice, and (2) an opportunity to be heard. See Goss, 419 U.S. at 579, 95 S.Ct. 729 (quoting Grannis v. Ordean, 234 U.S. 385, 394, 34 S.Ct. 779, 58 L.Ed. 1363 (1914) ("The fundamental requisite of due process is the opportunity to be heard.")); Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). The type of notice and hearing will vary and be judged for sufficiency based on the context in which the dispute arose. In this case, Flaim argues that the process he was afforded was less than was required by his circumstances. He points to his very significant interest in his continued medical education and the attendant consequences of expulsion from medical school. Among his assertions of error are: (A) inadequacy of notice; (B) denial of a right to counsel; (C) denial of a right to cross-examine adverse witnesses; (D) denial of a right to receive written findings of facts and...