Kunche v. Univ. of Dubuque
| Decision Date | 07 January 2022 |
| Docket Number | 20-CV-1049-LRR |
| Citation | 579 F.Supp.3d 1071 |
| Parties | Sanghamitra KUNCHE, Plaintiff, v. UNIVERSITY OF DUBUQUE, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Jason J. Bach, Pro Hac Vice, The Bach Law Firm LLC, Las Vegas, NV, Brian J. Fagan, Robert S. Hatala, Simmons Perrine Moyer Bergman PLC, Cedar Rapids, IA, for Plaintiff.
Brian J. Kane, Todd L. Stevenson, Kane Norby & Reddick PC, Dubuque, IA, for Defendant.
II. RELEVANT PROCEDURAL HISTORY...1072
III. SUBJECT MATTER JURISDICTION...1073
IV. SUMMARY JUDGMENT STANDARD...1073
V. RELEVANT FACTUAL BACKGROUND...1074
I. INTRODUCTION
The matter before the court is Defendant University of Dubuque's ("UD") Motion for Summary Judgment ("Motion") (docket no. 31).
II. RELEVANT PROCEDURAL HISTORY
On November 23, 2020, Plaintiff Sanghamitra Kunche filed the Amended Complaint (docket no. 5). In the Amended Complaint, Kunche alleges breach of contract (Count 1) and violation of Title IX of the Education Amendments of 1972 (Count 2). See generally Amended Complaint ¶¶ 72-110. On August 25, 2021, after receiving leave from the court, UD filed the Amended Answer to the Amended Complaint ("Amended Answer") (docket no. 26), with affirmative defenses.
On October 22, 2021, UD filed the Motion. On November 12, 2021, Kunche filed the Resistance (docket no. 32). The matter is fully submitted and ready for decision.
III. SUBJECT MATTER JURISDICTION
UD is a private university located in Dubuque, Iowa. Amended Complaint ¶ 10; UD's Statement of Material Facts Not in Dispute ("SMF") (docket no. 31-1) ¶ 1. Kunche is a resident of the State of California. Amended Complaint ¶ 9; Kunche's Statement of Additional Material Facts ("SAMF") (docket no. 32-3) ¶ 1. In the Amended Complaint, Kunche alleges that the amount in controversy exceeds $75,000. Amended Complaint ¶¶ 13, 89 & 108.
The court has original jurisdiction over Kunche's claim arising under Title IX, 20 U.S.C. § 1681(a). See 28 U.S.C. § 1331 (). The court has supplemental jurisdiction over Kunche's breach of contract claim because it is so related to the claim within the court's original jurisdiction that they form part of the same case or controversy. See 28 U.S.C. § 1367(a) (). Additionally, the court finds that it has diversity jurisdiction over the claims because complete diversity exists between the parties and the amount in controversy exceeds $75,000. See U.S.C. § 1332(a)(1) ().
IV. SUMMARY JUDGMENT STANDARD
Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(a). "Summary judgment is proper ‘if the pleadings, the discovery and disclosure materials on file, and any affidavits show’ " an absence of a genuine dispute as to a material fact. Hilde v. City of Eveleth , 777 F.3d 998, 1003 (8th Cir. 2015) (quoting Torgerson v. City of Rochester , 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc)). "A dispute is genuine if the evidence is such that it could cause a reasonable jury to return a verdict for either party; a fact is material if its resolution affects the outcome of the case." Massey-Diez v. Univ. of Iowa Cmty. Med. Servs., Inc. , 826 F.3d 1149, 1157 (8th Cir. 2016) (quoting Gazal v. Boehringer Ingelheim Pharm., Inc. , 647 F.3d 833, 837-38 (8th Cir. 2011) ). "The movant ‘bears the initial responsibility of informing the district court of the basis for its motion,’ and must identify ‘those portions of [the record] ... which it believes demonstrate the absence of a genuine issue of material fact.’ " Torgerson , 643 F.3d at 1042 (alterations in original) (quoting Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ). Once the movant has done so, "the nonmovant must respond by submitting evidentiary materials that set out ‘specific facts showing that there is a genuine issue for trial.’ " Id. (quoting Celotex Corp. , 477 U.S. at 324, 106 S.Ct. 2548 ).
On a motion for summary judgment, the court must view the facts "in the light most favorable to the nonmoving party." Id. (quoting Ricci v. DeStefano , 557 U.S. 557, 586, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009) ). "Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial," and summary judgment is appropriate. Ricci , 557 U.S. at 586, 129 S.Ct. 2658 (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) ). "The nonmovant ‘must do more than simply show that there is some metaphysical doubt as to the material facts....’ " Torgerson , 643 F.3d at 1042 (quoting Matsushita , 475 U.S. at 586, 106 S.Ct. 1348 ). Instead, "[t]o survive a motion for summary judgment, the nonmoving party must substantiate [its] allegations with sufficient probative evidence [that] would permit a finding in [its] favor based on more than mere speculation, conjecture, or fantasy." Williams v. Mannis , 889 F.3d 926, 931 (8th Cir. 2018) () (quoting Barber v. C1 Truck Driver Training, LLC , 656 F.3d 782, 801 (8th Cir. 2011) ). Mere "self-serving allegations and denials are insufficient to create a genuine issue of material fact." Anuforo v. Comm'r of Internal Revenue , 614 F.3d 799, 807 (8th Cir. 2010). "Evidence, not contentions, avoids summary judgment." Reasonover v. St. Louis Cty. , 447 F.3d 569, 578 (8th Cir. 2006) (quoting Mayer v. Nextel W. Corp. , 318 F.3d 803, 809 (8th Cir. 2003) ).
V. RELEVANT FACTUAL BACKGROUND
The following facts are either uncontested or, if contested, viewed in the light most favorable to Kunche. See Munz v. Michael , 28 F.3d 795, 796 (8th Cir. 1994).
UD, a private university, offers among other degrees and programs, a master of science degree in physician assistant studies ("MSPAS"). SMF ¶ 1. The curriculum for the MSPAS involves both, classroom learning on UD's campus and clinical experience through various rotations at health care facilities. Id. In the fall of 2017, Kunche started the MSPAS program at UD. Id. ¶ 6.
In her first semester at UD, Kunche failed four examinations. Id. ¶ 13. Kunche failed two examinations at the beginning of her second semester at UD. Id. ¶ 14. After completing her on-campus course work, Kunche began her clinical rotations. Id. ¶ 16. Kunche's first rotation was in emergency medicine. Id. ¶ 22. She completed the rotation but failed the written examination, given at the end of the rotation. Id. ¶¶ 20 & 22. Kunche was permitted to take a remediation examination, which she also failed. Id. ¶ 23. As a result of failing both examinations, Kunche received a failing grade for the emergency medicine rotation. Id. ¶ 24.
Because Kunche failed the emergency medicine rotation, a Student Evaluation Committee ("SEC") meeting was held. Id. ¶ 26. The purpose of the SEC is: (1) to ensure that each student who graduates from UD's MSPAS program "possesses the skills and knowledge necessary to assume the responsibilities of a physician assistant"; (2) to evaluate academic performance in the program, assess advancement and recommend appropriate intervention for unacceptable academic performance; and (3) to evaluate a student's qualities, professionalism and fitness to become a physician assistant. See UD's Appendix to Motion for Summary Judgment ("UD's Appendix") (docket no. 31-3) at 81 (UD's SEC Rules and Regulations); see also SAMF ¶ 39 (). Prior to the SEC meeting, Kunche began her family medicine rotation. SMF ¶ 27. She failed her end-of-rotation examination for family medicine. Id. The SEC meeting was held on March 6, 2019. Id. ¶ 28. Kunche was placed on academic probation and the SEC determined that Kunche must "complete another emergency medicine rotation" and must "take a remediation exam for family medicine." Id. ¶¶ 28-29.
In April 2019, Kunche repeated the emergency medicine rotation at Grant Regional in Lancaster, Wisconsin. Id. ¶ 30. She completed the rotation and passed the end of rotation examination. Id. ¶ 31. She also completed an evaluation of the rotation in which she noted that Id. ¶ 32. "Kunche later went back to Grant Regional for a general surgery rotation and was able to pass it without any difficulty." Id. ¶ 37.
On July 22, 2019, Kunche began a general surgery rotation at NorthShore University Health System ("NorthShore") in Chicago, Illinois. Id. ¶ 38. Approximately two weeks before the end of her rotation at NorthShore, Kunche alleges that a resident, James Oyeniyi, "made a statement which caused her concern." Id. ¶ 40. Oyeniyi was teaching Kunche how to insert a Foley catheter and told her to ...
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