Liu v. Nw. Univ.

• Citation: 78 F.Supp.3d 839
• Decision Date: 26 January 2015
• Docket Number: No. 14 C 4993,14 C 4993
• Parties: Annie Liu, Plaintiff, v. Northwestern University, and Clifford Zimmerman, an individual, Defendants.
• Court: U.S. District Court — Northern District of Illinois

78 F.Supp.3d 839

Annie Liu, Plaintiff

v.Northwestern University, and Clifford Zimmerman, an individual, Defendants.

No. 14 C 4993

United States District Court, N.D. Illinois, Eastern Division.

Signed January 26, 2015

Jill Thompson Calian, Calian & Gross, LLP, Evanston, IL, Charles Paul Fox, Julie T. Welsh, Law Office of Charles P. Fox, Buffalo Grove, IL, Rachael Lynn Gross, Calian & Gross, LLP, Evanston, IL, for Plaintiff.

Scott L. Warner, Gwendolyn B. Morales, Franczek Radelet PC, Chicago, IL, for Defendants.

OPINION AND ORDER

SARA L. ELLIS, United States District Judge

Annie Liu, a former law student at Northwestern University School of Law, filed a fifteen-count complaint against Defendants Northwestern University (“Northwestern”) and Clifford Zimmerman, the Associate Dean of Northwestern's Law School. She mainly alleges that Defendants violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 701 et seq., but she asserts various state law claims as well. Defendants have filed a motion to dismiss [12] with respect to Liu's claims against Northwestern for breach of contract (Count XI), against both Defendants for defamation (Count XIII), against Zimmerman for public disclosure of private facts (Count XIV), and against Northwestern for tortious interference with contractual relations (Count XV). Because Liu has sufficiently alleged a breach of contract claim with respect to the due process procedures set forth in Northwestern's student handbook, that claim may proceed. But because Northwestern was under no obligation to conclude its grievance investigation within a certain time period, Liu's breach of contract claim on that issue is dismissed. Liu's defamation claim is dismissed because Zimmerman's statements in his May 2, 2013 email are nonactionable opinion. Her public disclosure of private facts claim is also dismissed because Liu has not plausibly alleged that Zimmerman's email disclosed any private facts. Finally, because Liu's relationship with her psychiatrist was terminable at will, her tortious interference claim is dismissed.

BACKGROUND¹

I. Liu's Endometriosis Diagnosis and Law School Enrollment

While in college, Liu experienced gastrointestinal and rectal pain and chronic fatigue. She had emergency surgery to excise tumors and was diagnosed with stage III/IV endometriosis. Despite her medical issues, Liu completed her coursework with appropriate academic accommodations and graduated from college. She then worked at the Manhattan District Attorney's Office for several years before gaining admission to Northwestern's Law School.

Liu began classes at the Law School in fall 2011. During the spring 2012 semester, Liu provided Northwestern's Office of Services for Students with Disabilities (“SSD”) with documentation of her endometriosis, major depressive disorder, and anxiety. The SSD approved certain accommodations, including extended time and an alternative environment for examinations, extended time for in-class written assignments, note-taking services, and flexibility on attendance and academic deadlines. Even with these accommodations, Liu had to take a medical leave of absence for the spring 2012 term. But she was able to serve as a judicial extern on the U.S. Court of Appeals for the Ninth Circuit during the summer of 2012 and returned to the law school for the fall 2012 term, during which she externed on the U.S. Court of Appeals for the Seventh Circuit.

II. Spring 2013 End–of–Semester Issues

During the spring 2013 semester, Liu had to make use of her SSD accommodations.

For example, in March 2013, Liu sought treatment at the Northwestern Memorial Hospital Emergency Department for complications arising from her endometriosis. At that time, she requested an extension on a paper from Professor James McMasters. Professor McMasters consulted with Dean Zimmerman, who did not oppose the request, and thereafter granted the extension without requiring documentation.

As the spring 2013 semester neared its end, Liu's troubles with Defendants came to a head. On April 24, 2013, Liu's computer malfunctioned, and she brought it to the Apple store to be examined. When she continued to have computer problems the following day, she returned to the Apple store and was informed the computer needed a new logic board and would be kept overnight. That night, Liu experienced sharp pelvic pain and vaginal bleeding. The next morning, April 26, she scheduled an appointment with Dr. Denise Au, the on-call internal medicine physician at Northwestern Medical Faculty Foundation (“NMFF”), and then met with Dean Zimmerman for a pre-arranged meeting. At that meeting, Liu told Zimmerman about her computer problems and requested a short delay in her exam schedule until she got her computer back. Zimmerman denied Liu's request, maintaining she had to take her first exam on April 29. Liu did not tell Zimmerman that she had vaginal bleeding or that she might be experiencing an endometrial flare, but she did tell him that she was not feeling well and would likely become ill if she had to study all weekend for her exams.

That afternoon, Liu saw Dr. Au, who diagnosed her with an endometrial flare that also triggered her irritable bowel syndrome. Dr. Au wrote a letter detailing Liu's condition and supporting the postponement of Liu's exams. Liu provided this letter to Zimmerman, who agreed to postpone Liu's first exam to May 3, 2013. On April 29, 2013, Liu saw another NMFF physician, Dr. Nancy Dolan, who wrote another letter stating that Liu's condition warranted the postponement of her exams until after Liu's symptoms had completely resolved. Despite Dr. Dolan's letter, Zimmerman sent Liu an email on April 30, copying several others at Northwestern, setting forth a schedule Liu had to meet in order to complete her courses and not receive a failing grade. Liu was to take her first exam on May 3, her other exam on May 7, and complete all other outstanding course work by May 20 at 5:00 p.m. Zimmerman noted that the schedule took into account Liu's representations, medical notes, and existing accommodations, but he also indicated that Liu must not ask for any further extensions on currently scheduled exams or assignments.

On May 2, Zimmerman sent an email regarding Liu to twenty-three Northwestern faculty and staff members, including six deans of the Law School, some of Liu's professors, staff psychologists at Northwestern's counseling office, the Assistant Director of SSD, staff of the Career Strategy Center, Student Services, and Records and Registration, and directors of other academic programs. The email read as follows:

I am working with a student, Annie Liu, who has been uncooperative, evasive, and not forthcoming in her representations to law school and University personnel. I have given her an exam schedule that she must follow.

I write because she has been actively looking for anyone who will give her a different answer. If she approaches you to meet with someone other than me, you need to direct her to me or to Rob Durr (who is cc'd here). If she asks for an exam accommodation, you need to direct her to me or Rob. If she says it is a medical emergency, you need to tell her to call 911 or go to the emergency room.

Ex. B to Compl. Rob Durr is a staff member of Northwestern's counseling office.

Liu continued to suffer from acute symptoms of endometriosis. She again saw Dr. Dolan on May 2, who found that Liu's condition had not improved. Dr. Dolan wrote another letter recommending that Liu be excused from her exam the following day. Zimmerman reviewed the letter and spoke with Dr. Dolan, but he refused to reschedule Liu's exam and indicated that if she did not take the exam as scheduled, she would receive a failing grade for that course. Liu took the exam the following day despite being in severe pain, and she received her lowest grade ever on a final exam. Liu also completed her other exam as scheduled.

Liu still had to submit her outstanding course work by Zimmerman's deadline of May 20 at 5:00 p.m. Although she had completed her papers by that deadline, she was unable to submit them on time. Liu emailed her professors around 4:30 p.m. on May 20 to let them know that although the papers were completed, she was detained and would not be able to access her computer on which the papers were saved and send them until slightly after 5:00 p.m. Liu volunteered to provide timestamps to demonstrate that the papers had not been modified after the 5:00 p.m. deadline. Although her professors initially agreed, she later received instruction from Zimmerman to email all her papers directly to him by 5:00 p.m. on May 21. Liu was on her way to mandatory training at the U.S. Attorney's Office in New York early on May 21, however, and so by the time she read Zimmerman's email, his deadline had passed. Zimmerman then sent Liu an email on May 23 stating he was giving her failing grades in the three courses for which she had failed to submit papers. He indicated those grades would remain until she submitted her computer for a forensic examination by Northwestern's IT department. When Liu agreed, Zimmerman added the requirement that she also provide medical documents related to her hospitalization in March 2013. Zimmerman also imposed an enrollment hold on Liu's registration at the Law School, keeping her from enrolling courses for the upcoming semester.

On May 30, Liu received a scholarship from the U.S. Attorney's Office, which required her to withdraw from her summer public interest practicum course. Although her professor indicated she could do this without any indication on her transcript, on June 14, Zimmerman informed Liu that he added a “W” to her transcript because she had withdrawn from the course. Zimmerman later informed Liu he did this to pressure her into meeting with him and producing the requested medical records. Liu sought counsel from others at the University, including Daniel Rodriguez,...