Marinello v. Bushby, Civil Action No. 1:95cv167-D-D (N.D. Miss. 10/__/1996)
Decision Date | 01 October 1996 |
Docket Number | Civil Action No. 1:95cv167-D-D. |
Parties | ANTHONY MARINELLO, PLAINTIFF, v. PHILLIP BUSHBY, individually and in his official capacity as Academic Program Director of the College of Veterinary Medicine at Mississippi State University, and DWIGHT MERCER, individually and in his official capacity as Dean of the College of Veterinary Medicine at Mississippi State University, DEFENDANTS. |
Court | U.S. District Court — Northern District of Mississippi |
Presently before the court is the motion of the defendants in this cause for the entry of summary judgment on their behalf with regard to the plaintiff's claims against them. Finding that the motion is only partially well taken, the undersigned shall grant it in part and deny it in part. This matter shall proceed to trial as set forth below.
This matter arises out of the plaintiff's criticism and commentary concerning several of his professors during the process of the appeal of a grade received at the College of Veterinary Medicine ("CVM") at Mississippi State University. In light of the posture of this case, the court feels that a chronological description of the facts would be more efficient and more easily understood:
Phase 1: will consist of the first five semesters, all of the problem-based learning semesters; and will be divided into freshman and sophomore years.
Phase 2: will eventually consist of the last five semesters, comprising the clinical rotations and elective options in the curriculum, and will be divided into junior and senior years.
The intent of the change is to more logically group components of the curriculum. Like the implementation of the PBL, this change in terminology is intended to follow the progression of the Class of 1997 through the curriculum." Defendants' Exhibit 4A to Motion Hearing of 6/6/95, unnumbered page 9, Academic Program News, February 1994 (emphasis added). The student handbooks, however, are changed to reflect that the CVM uses a two-tier system and do not reflect this intent to implement such a gradual change.
May 1994 Mr. Marinello is placed on academic probation at the CVM for receiving an "F" grade in the class of "Equine Health and Disease," taken the previous semester. The CVM denies him admission to Phase 3 of the curriculum pending the remedial action of retaking the failed class Summer 1994 Mr. Marinello repeats the class "Equine Health and Disease," receiving a grade of "C." August 1994 The CVM admits the plaintiff to Phase 3 of the curriculum in light of Mr. Marinello's retaking of the failed class over the summer. The CVM does not, however, remove the plaintiff from Academic Probation.
Defendants' Exhibit 7 to Motion Hearing held 6/6/95, Letter from defendant Bushby to plaintiff Marinello dated August 4, 1994.
Plaintiff's Exhibit 2 to Motion Hearing held 6/6/95, Letter by Plaintiff dated 21, 1994. It is unclear to the court how many people received a copy of this letter from the plaintiff.
November 22, 1994 Dr. J. Roger Easley, one of the plaintiff's professors referenced in Mr. Marinello's October 21 letter, writes to defendant Mercer and requests that Mercer "have Mr. Anthony Marinello evaluated by the Academic Performance and Standards Committee for violation of standards of reasonable professional behavior. Specifically, I am charging Mr. Marinello with false accusations, distortion of facts, and slanderous comments [in the October 21 letter] made against four faculty members, including myself." Plaintiff's Exhibit 4 to Motion Hearing held 6/6/95, Letter from Dr. Easley to defendant Mercer. The letter goes on to detail the particular reasons why Dr. Easley is requesting this action. November 28, 1994 Mr. Marinello receives a copy of Dr. Easley's letter during a meeting with defendant Mercer. November 29, 1994 Mr. Marinello writes to defendant Mercer concerning Dr. Easley's letter. Plaintiff's Exhibit 5 to Motion Hearing held 6/6/95, Letter from plaintiff to defendant Mercer. November 30, 1994 Defendant Mercer, after letter of recommendation from the Academic Performance and Standards Committee, declines to change the plaintiff's appealed "D" grade and so informs the plaintiff by letter. No mention of the plaintiff's criticism of his professors is mentioned in this correspondence.
"As discussed with you on November 28, 1994, you have the option to appeal this grade to the next highest administrative level, that being the Provost and Vice President of Academic Affairs, Dr. Derek Hodgson." Defendants' Exhibit 1 to Motion Hearing held 6/6/95, Letter to plaintiff Marinello from defendant Mercer dated November 30, 1994.
December 19, 1994 Dr. Vernon Langston informs the plaintiff by letter of a special committee formed by defendant Mercer:
Defendants' Exhibit 13 to Motion Hearing held 6/6/95, Letter to plaintiff from Dr. Vernon C. Langston dated December 19, 1994.
The plaintiff's school handbook for that year contained the following provision:
Academic Review:
A student's performance will be reviewed by the Academic Board or the appropriate academic committee in the following circumstances:
1. Repeated absenteeism.
2. Failure to exhibit desirable professional behavior.
Following academic review of a student's performance with the student, the Program has wide latitude but may include the following actions:
1. The student will be required to improve on class attendance and/or behavior.
2. The student will be placed on academic or disciplinary probation.
3. The student will be assigned appropriate remedial action.
4. The student will be required to repeat specific courses, activities or Phases.
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