Morse v. University of Vermont

• Decision Date: 04 October 1991
• Docket Number: Civ. A. No. 90-103.
• Citation: 776 F. Supp. 844
• Parties: Linda MORSE, Plaintiff, v. UNIVERSITY OF VERMONT, Defendant.
• Court: U.S. District Court — District of Vermont

776 F. Supp. 844

Linda MORSE, Plaintiff, v. UNIVERSITY OF VERMONT, Defendant.

Civ. A. No. 90-103.

United States District Court, D. Vermont.

September 11, 1991.

As Amended October 4, 1991.

Jane C. Watson, Bauer, Gravel & Watson, Burlington, Vt., for plaintiff.

Robert L. Sand, Dinse, Erdmann & Clapp, Burlington, Vt., for defendant.

OPINION AND ORDER

PARKER, District Judge.

On March 30, 1990, plaintiff Linda Morse filed a complaint in Vermont Superior Court alleging that the University of Vermont (UVM) refused to accommodate her handicap and failed to grant her a masters degree in violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1988), and 9 V.S.A. § 4502(c) (1990). UVM removed this action to this court pursuant to 28 U.S.C. §§ 1331, 1441-1452; Fed.R.Civ.P. 81(c).

Plaintiff's complaint alleges that she is handicapped by chronic thyroiditis/hypothyroidism, which manifests itself with the following symptoms: apathy, inertia, slow movement, difficulty with concentration, edema, fatigue and low resistance to disease. These symptoms make it difficult for her to set goals, handle stress, read and speak quickly, plan, remain attentive and work with stamina. The accommodation plaintiff seeks for her handicap is a waiver of time limitations for obtaining her degree, either by UVM rescinding a dismissal from the program in 1982, or by readmitting her with a transfer of all previously earned credits.

UVM moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. UVM asserts that this action is governed by Vermont's three year statute of limitations for personal injury (12 V.S.A. § 512(4)) and is time-barred because plaintiff failed to file suit within the applicable limitations period. In the alternative, UVM asserts that Ms. Morse is precluded by laches and waiver from pursuing her claims.

In opposition to UVM's motion, plaintiff makes two arguments. First, that the applicable statute of limitations for the federal and state discrimination claims is that which governs civil actions, 12 V.S.A. § 511 (six years). Second, that the discriminatory act which commenced the applicable limitations period is later than the date designated by UVM. Therefore, under either the three year statute of limitations or the six year statute of limitations, plaintiff's claim is not time-barred.

The court finds that plaintiff's claim is time-barred and grants summary judgment in favor of UVM. It is, therefore, unnecessary to reach the laches or waiver arguments.

FACTS

The undisputed material facts are as follows. Ms. Morse suffers from a medical disability known as hypothyroidism, which she alleges is a handicap under federal and state antidiscrimination statutes. During the summer term of 1975, Linda Morse commenced attending graduate courses at UVM. The College of Education and Social Services at UVM accepted her as a full-time, Masters of Education candidate for the 1977 Spring semester in the field of Counseling and Guidance.¹ UVM maintains a five-year time limit within which degree candidates must complete their course work to earn a Masters degree. On October 7, 1982, Assistant Dean Ann M. Spearing informed Ms. Morse that she was terminated from her degree program, because the five year time limit for completion had expired.

During the next two years, Ms. Morse sought reinstatement to the program. In the summer of 1983, she finished her last course for the M.Ed. program and had a 3.0 grade point average. On May 1, 1984, Ms. Morse submitted an application for admission for an M.Ed. or M.S. degree in Counseling. Plaintiff's Response to UVM's Motion for Summary Judgment (hereinafter "Plaintiff's"), Exhibit J. On May 15, 1984, the Graduate Deans Office offered to readmit Ms. Morse to the Master of Science in Counseling program if she accepted restrictions with respect to credit transfers and program supervision. The conditions were propounded after discussions and correspondence between UVM faculty, administrative personnel and Ms. Morse.² On June 6, 1984, Professor Ducharme wrote a letter to Ms. Morse setting forth "the definitive statement of conditions for readmission." The conditions of readmission were that Ms. Morse would be required to take six courses, for a total of eighteen credits, beyond those already taken prior to her request for admission. A course taken in the Spring of 1984 would count as one of the six, leaving Ms. Morse with five courses to complete. Ms. Morse would be closely supervised by an advisor, who would help plan her remaining five courses. Also, two professors in the O.C.F.S. Department would monitor Ms. Morse's work to assure that Ms. Morse achieve a professional level of "communication skills, self-confidence, personal insight, judgment, sensitivity and other qualities," as is required for a M.S. in Counseling degree.³

The rationale for these conditions of readmission was that under UVM Graduate College policy, nine credits is the maximum number of credit hours which may be transferred and constitute part of a degree program for a master's candidate; a course in which a grade lower than 3.0 was received may not be transferred; and a course taken more than seven years prior to the date of degree completion may not be considered part of a master's degree program. Because Ms. Morse was a prior candidate for the M.Ed. in Counseling in the Department of O.C.F.S., UVM was willing to make an exception to UVM's usual policy by considering a departmental recommendation for validation of eight courses, totaling 24 credit hours, that Ms. Morse had completed while she was a M.Ed. candidate.⁴ The requirement that she still complete fifteen credits was necessary for Ms. Morse to exhibit that, despite her handicap, she was "qualified" professionally to counsel others, and therefore was deserving of a masters degree.

On October 4, 1984, Dean Spearing wrote Ms. Morse because UVM had not received a response to the offer of readmission. Dean Spearing informed Ms. Morse that unless she accepted the offer of readmission in writing by October 15, 1984, UVM would conclude that she had declined the offer. On October 15, 1984, Ms. Morse wrote Dean Spearing and rejected the terms of readmission. On October 16, 1984, Dean Spearing wrote Ms. Morse acknowledging the rejection.

On November 13, 1984, Ms. Morse appealed UVM's initial decision to "dismiss" her in October, 1982. The letter also appealed UVM's decision on the number of credits required to complete an M.S. if readmitted to the program. Plaintiff's Exhibit W. On December 12, 1984 the Executive Committee of the Graduate College denied Ms. Morse's appeal. Plaintiff's Exhibit X. On January 14, Ms. Morse met with Robert Arns, Vice President for Academic Affairs, to appeal the decision of the Executive Committee; V.P. Arns denied her appeal by letter on January 24, 1985. Plaintiff's Exhibit Y. Ms. Morse met with Dr. Arns on February 5, 1985, who informed her that she could request reconsideration of his decision if she did so in writing; Dr. Arns sent Ms. Morse a written confirmation of the meeting the following day. Plaintiff's Exhibit Z. Plaintiff contends that Dr. Arns, during their meetings emphasized "performance" or grade point average, taking all required courses and judgments by the counseling Department of professional competence. Thereafter, Ms. Morse asked on two separate occasions to meet with Dr. Arns with her attorney present to help focus her appeal. In response to Ms. Morse's telephone request on July 16, 1985, to arrange a meeting, Interim Vice President for Academic Affairs, Gerald P. Francis, wrote Ms. Morse that day requesting that she first complete her written appeal. Plaintiff's Exhibit CC. When Ms. Morse called again on September 9, 1985, it was discovered that she never received the July 16, 1985 letter; a copy of the letter was sent to her at that time. Plaintiff's Exhibit EE.

On June 17, 1987, Ms. Morse stopped by Dr. Francis' office to speak about her appeal. The following year, Ms. Morse still expressed an interest in receiving a masters degree, and on May 16, 1988, Dr. Francis wrote Ms. Morse to remind her of the reconsideration procedure outlined by Dr. Arns decision, and to inform her that the deadline for reconsideration was June 30, 1988. On June 27, 1988, Ms. Morse submitted a written appeal to Vice Provost Francis. Plaintiff's Exhibit GG. On June 30, 1988, Ms. Morse's attorney also filed an appeal. Plaintiff's Exhibit HH. The appeal asked for a waiver of time limits for the completion of the graduate degree program as a reasonable accommodation to Ms. Morse's handicap. At the time of the appeal, Ms. Morse had accumulated 48 credits since 1977 and had obtained a 3.0 grade point average, which, had she not been terminated or given any time requirements for completion, would fulfill the academic requirements of a masters degree. UVM consulted with medical experts over Ms. Morse's hypothyroidism, and granted her an extension of time for the submission of additional medical information. On October 24, 1988, UVM denied Ms. Morse's appeal to reconsider her dismissal from the degree program; UVM concluded that it had already reasonably accommodated Ms. Morse for her hypothyroidism through its offer of readmission. Plaintiff's Exhibit LL.

DISCUSSION

Summary judgment should be rendered for the moving party if the Court finds there is "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c). In considering the motion, the court's responsibility is not to resolve disputed issues of fact but to assess whether there are any material factual issues that must be tried. The court must draw all reasonable inferences in favor of the non-moving party and only grant summary judgment for the moving party if no reasonable trier of fact could find in favor of the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-252, ...