Hartnett v. Filding Graduate Institute

• Decision Date: 14 November 2005
• Docket Number: No. 04 Civ. 4369(CM).,04 Civ. 4369(CM).
• Parties: Joyce HARTNETT, Plaintiff, v. The FIELDING GRADUATE INSTITUTE, Nancy Leffert, Fugi Collins and Marilyn Freimuth in their official and individual capacities, Defendants.
• Court: U.S. District Court — Southern District of New York

400 F.Supp.2d 570

Joyce HARTNETT, Plaintiff, v. The FIELDING GRADUATE INSTITUTE, Nancy Leffert, Fugi Collins and Marilyn Freimuth in their official and individual capacities, Defendants.

No. 04 Civ. 4369(CM).

United States District Court, S.D. New York.

November 14, 2005.

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Costantino Fragale, Law Office of Costantino Fragale, Eastchester, NY, for Plaintiff.

Steven Charles Stern, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC (DC), Washington, DC, Brian S. Sokoloff, Miranda & Sokoloff, LLP, Mineola, NY, for Defendants.

DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

MCMAHON, District Judge.

Plaintiff Joyce. Hartnett filed this action against the Fielding Graduate Institute ("FGI"), and Nancy Leffert, Fugi Collins and Marilyn Freimuth, in their official and individual capacities (collectively, the "defendants"), for violation of the Americans with Disabilities Act of 1990 ("ADA"), the Rehabilitation Act of 1973 ("Rehabilitation Act"), the New York State Human Rights Law ("NYSHRL"), and the New York City Human Rights Law ("NYCHRL"), and for breach of contract. Plaintiff alleges that she enrolled in FGI's clinical psychology PhD program but was prevented from completing the program because FGI refused to provide her with reasonable accommodations for her disability (lupus). Specifically, plaintiff alleges that FGI's failure, inter alia, to transfer her to a "cluster," or small learning group, that was closer to her home than the cluster to which she was originally assigned, constituted a violation of federal and state law.

Defendants move for summary judgment on two grounds. Defendants Collins, Freimuth and Leffert argue — correctly — that individuals cannot be held liable under either the ADA or the Rehabilitation Act. FGI argues — also correctly — that no reasonable trier of fact could conclude that the accommodations sought by plaintiff were "reasonable." Accordingly, defendants' motion is granted and plaintiff's two federal claims are dismissed. The court declines to exercise jurisdiction over plaintiffs state law claims in the absence of any federal claim. Those claims are dismissed without prejudice.

Facts

The relevant facts, as set forth in the Complaint, the parties' Rule 56.1 Statements, and other materials submitted in connection with defendants' motion for summary judgment, are as follows:

The Fielding Graduate Institute is a distance-based graduate institution, offering a variety of graduate degrees through a geographically dispersed learning community. (Cplt. ¶ 4; Mem. of Law In Supp. of Def.'s Mot. For Summ. J. ("Mot. For Summ. J.") at 1). In particular, FGI offers a PhD program in clinical psychology, which is accredited by the American Psychological Association ("APA"). (Def.'s Ex. C). While the program consists predominantly of online courses and other remote learning opportunities, it also includes a 300-hour residency requirement. (Def.'s Ex C). This requirement can be satisfied by demonstrated face-to-face faculty-student contact in a variety of contexts, including attendance at local "cluster" meetings, regional and national program sessions, and one-on-on meetings with faculty members. (Def.'s 56.1 St. ¶¶ 7, 8, 10; Def.'s Ex. D).

Cluster meetings are small learning groups where students meet regularly with local faculty. (Cplt.¶ 12). Cluster assignments are made by the Admissions Committee, and are based on the size of the group, the ages, interests, skills, and background of the students, and the workload of the faculty member. (Def.'s 56.1 St. ¶¶ 28-31). The faculty member assigned to each cluster functions as the academic advisor and mentor for the students in that cluster. (Def.'s 56.1 St. ¶ 32). While attendance at cluster meetings counts toward the residency requirement, participation in cluster groups is not mandatory. (Def.'s 56.1 St. ¶ 36).

In September 2000, plaintiff applied to FGI's PhD program in clinical psychology. (Pl.'s Ex. A at ¶ 4). On December 19, 2000, plaintiff was accepted to the program for enrollment the following academic term, which commenced in March 2001. (Complaint ("Cplt.") ¶ 9). Plaintiff informed FGI, both in her application materials and through subsequent correspondence with faculty members, that she had been diagnosed with Systemic Lupus Erythematosus, commonly known as lupus. (Pl.'s Ex. K, L). As a result of this condition, plaintiff suffered from severe physical exhaustion, as well as muscle and joint pains, migraine headaches, fever and nausea. (Pl.'s Ex. A at ¶ 3).

At the time of plaintiff's enrollment, FGI had two faculty advisors in the New York area — Dr. Stephen Ruffins and Dr. Marilyn Freimuth. (Def.'s Ex. D). Dr. Ruffins' cluster group met regularly at 400 Second Avenue, New York, New York. (Def.'s Ex. CC). Dr. Freimuth's cluster group met regularly at 21 West 86^th Street, New York, New York. (Def.'s Ex. TT).

After learning, in January 2001, that she had been assigned to Dr. Ruffins' cluster group, plaintiff asked to be transferred to Dr. Freimuth's cluster group. (Def.'s Ex. F). Plaintiff was informed by defendants that FGI was unable to grant her request for a cluster transfer. (Def.'s Ex. I, K). Plaintiff then sought, and was denied, a leave of absence, "part-time status" and/or remote participation in FGI cluster group meetings. (Pl.'s Ex. A at ¶¶ 12, 13). Plaintiff attempted through each of these requests to gain admission into Dr. Freimuth's cluster group.

On October 1, 2001, after completing only one course at FGI, plaintiff withdrew from the program. (Def.'s Ex. H, MM).

Standard of Review

A party is entitled to summary judgment pursuant to Rule 56 when there is no "genuine issue of material fact" and the undisputed facts warrant judgment for the moving party as a matter of law. Fed. R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In addressing a motion for summary judgment, "the court must view the evidence in the light most favorable to the party against whom summary judgment is sought and must draw all reasonable inferences in [its] favor." Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Whether any disputed issue of fact exists is for the Court to determine. Balderman v. United States Veterans Admin., 870 F.2d 57, 60 (2d Cir.1989). The moving party has the initial burden of demonstrating the absence of a disputed issue of material fact. Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Once such a showing has been made, the nonmoving party must present "specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). The party opposing summary judgment "may not rely on conclusory allegations or unsubstantiated speculation" and "must do more than simply show that there is some metaphysical doubt as to the material facts." Scotto v. Almenas, 143 F.3d 105, 114 (2d Cir. 1998); Matsushita Elec. Indus. Co., 475 U.S. at 586, 106 S.Ct. 1348 (citations omitted). Moreover, not every disputed factual issue is material in light of the substantive law that governs the case. "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude summary judgment." Anderson, 477 U.S. at 248, 106 S.Ct. 2505.

Conclusions of Law

A. Americans with Disabilities Act and Rehabilitation Act

In her first two causes of action, plaintiff alleges that defendants' failure to provide reasonable accommodations for her disability violated the ADA and the Rehabilitation Act. However, individuals cannot be held liable under either of these statutes. Moreover, none of plaintiff's requested accommodations — cluster group transfer, leave of absence, part-time status, or remote participation via video or tele-conference — constituted "reasonable accommodations" within the meaning of these statutes. Therefore, plaintiff's first two causes of action are dismissed.

1. Individual Liability Under the ADA or Rehabilitation Act

In addition to naming FGI, plaintiff names as defendants Marilyn Freimuth, faculty member at FGI, and Nancy Leffert and Fugi Collins, both Associate Deans at FGI. However, "Individual defendants may not be held personally liable for alleged violations of the ADA or the Rehabilitation Act." Menes v. CUNY Univ. of New York, 92 F.Supp.2d 294, 306 (S.D.N.Y.2000) (citations omitted). Nor can individuals be named in their official or representative capacities as defendants in ADA or Rehabilitation Act suits. Id. Therefore, plaintiff's ADA and Rehabilitation Act claims against the individual defendants, both in their individual and official capacities, are dismissed.

2. Reasonable Accommodations Under the ADA and Rehabilitation Act

Under both the ADA and the Rehabilitation Act, a covered entity is required to provide reasonable modifications of their policies, practices and procedures when necessary to avoid discrimination against a person on the basis of a disability. Innovative Health Sys. v. City of White Plains, 931 F.Supp. 222, 239 (S.D.N.Y.1996). Title III of the ADA provides that:

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.¹

42 U.S.C. § 12182(a). Moreover, "discrimination" is defined as including

... a failure to make reasonable modifications in policies, practices, and procedures when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges,...