R.W. v. Columbia Basin Coll.
| Decision Date | 19 November 2021 |
| Docket Number | : 4:18-CV-5089-RMP |
| Parties | R.W., individually and on behalf of his marital community, Plaintiff, v. COLUMBIA BASIN COLLEGE, a public institution of higher education; Lee Thornton, in his individual capacity; Rebekah Woods, in her official capacity; and Ralph Reagan, in his official and individual capacities, Defendants. |
| Court | U.S. District Court — District of Washington |
Bret Jeffery Uhrich, Eric Bernard Eisinger, Walker Heye Meehan & Eisinger, PLLC, Richland, WA, for Plaintiff.
Carl Perry Warring, Jacob Earl Brooks, Attorney General of Washington, Spokane Division, Spokane, WA, for Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
BEFORE THE COURT is Defendants’ Motion for Partial Summary Judgment, ECF No. 128. The Court heard oral argument by video conference on October 14, 2021. Plaintiff R.W. was represented by Bret J. Uhrich and Eric B. Eisinger. Defendants Columbia Basin College, Lee Thornton, and Ralph Reagan were represented by Jacob E. Brooks and Carl P. Warring from the Attorney General of Washington's Office. The Court has considered the parties’ arguments, briefing and the record, and is fully informed.
R.W. was enrolled in Columbia Basin College's ("CBC") nursing program, completing 177 credit hours between 2011 and 2017, and needing to complete only one more quarter of classes to graduate. ECF No. 37-4. He previously was diagnosed with a seizure disorder, chronic back pain, and depression. ECF No. 37-24 at 5. In February of 2017, R.W. experienced more frequent seizures, depression, and anger issues. Id. ; see also ECF No. 37-12. During this time, R.W. had homicidal ideations about three of his instructors at CBC, in which he imagined killing them by lighting their offices on fire and attacking them with saws. ECF Nos. 47-5, 35-2 at 48.
R.W. reported his medical issues to Dr. Michael Cabasug, his primary care physician, on February 28, 2017, and scheduled an appointment for March 6. ECF No. 37-22 at 10. Between February 28 and March 6, R.W. continued to attend his nursing classes at CBC without incident. Id. At the March 6 appointment, R.W. told Dr. Cabasug that he had been feeling overwhelmed, helpless, and anxious because he was extremely stressed from school. ECF No. 37-24 at 5. R.W. stated that he was having trouble sleeping because of his stress from school, which Dr. Cabasug noted was likely the cause of an increase in epileptic episodes that R.W. had been experiencing over the previous several weeks. Id. R.W. also shared with Dr. Cabasug his concerns about his violent ideations. ECF No. 37-27.
Dr. Cabasug referred R.W. to Lourdes Hospital's Crisis Response Counseling Center for a mental health evaluation. Id. Araceli Perez, a crisis responder for Lourdes, met with R.W. at Dr. Cabasug's office. ECF No. 35-1 at 9–10. R.W. reported his homicidal thoughts to Ms. Perez, identified the specific professors about whom he had homicidal thoughts, and told her that his thoughts were triggered by the bad grades and feedback that they gave him. Id. at 19. He also stated the ways that he imagined killing his professors. Id. at 38.
Following this evaluation, R.W. agreed to voluntarily admit himself for inpatient counseling. ECF No. 37-27 at 2. R.W. initially wanted to leave inpatient treatment on March 9 but was convinced to stay an extra day and was discharged on March 10. ECF No. 35-1 at 33; ECF No. 37-12 at 1. Around this time, R.W. admitted that he began to realize he would not be able to complete Winter Quarter 2017, which ended on March 23, 2017.2 ECF Nos. 34 at 2, 130-2 at 9–10. He could not re-enroll in the nursing program until the following Winter Quarter because of the nursing program's progressive schedule, which requires the completion of certain classes offered only once a year before moving on to the following courses. ECF No. 34 at 1–2.
Defendants allege that crisis responder Ms. Perez has a duty to warn people if her patients express homicidal ideations about them. ECF No. 35-1 at 37. After R.W. told Ms. Perez about his homicidal thoughts, she contacted the Richland Police Department, which then notified CBC's campus security on the morning of March 7. ECF No. 37-10 at 2. CBC's campus security warned the professors identified by R.W. about R.W.’s thoughts. Id. Defendant Ralph Reagan, Assistant Dean of Student Conduct for CBC, also was informed about R.W.’s thoughts. ECF No. 37-8 at 5. Mr. Reagan was told that R.W. "admitted to having homicidal ideations toward staff at CBC, talking about lighting offices on fire and attacking people with saws." ECF Nos. 37-10 at 10, 37-8 at 5. Additionally, Mr. Reagan was told that R.W. was at Lourdes "getting help and may not be an immediate threat." ECF No. 37-10 at 10.
The same day that Mr. Reagan learned of R.W.’s homicidal ideations, Mr. Reagan issued R.W. an interim trespass letter pending an investigation. ECF No. 37-9 at 1. According to Mr. Reagan, R.W.’s thoughts violated the school's Student Code of Conduct. The Student Code of Conduct prohibits "Abusive Conduct," which is defined under the Washington Administrative Code as:
Physical and/or verbal abuse, threats, intimidation, harassment, online harassment, coercion, bullying, cyberbullying, retaliation, stalking, cyberstalking, and/or other conduct which threatens or endangers the health or safety of any person or which has the purpose or effect of creating a hostile or intimidating environment.
Id. ; see also Wash. Admin. Code § 132S-100-205. Mr. Reagan trespassed R.W. from CBC's Richland and Pasco campuses stating that R.W.’s actions had the "effect of creating a hostile or intimidating environment."
ECF No. 37-19 at 1. Mr. Reagan sent R.W. a follow up letter on March 8, 2017, which scheduled a March 16 meeting between R.W. and Mr. Reagan to discuss the trespass and to give R.W. a chance to respond to the allegations. ECF No. 37-11.
Meanwhile, R.W. appealed his interim trespass from campus to the Student Appeals Board ("Board") at CBC. ECF No. 35-4 at 166. On March 14, the Board affirmed Mr. Reagan's decision and upheld the interim trespass, barring R.W. from attending his classes. ECF No. 37-13. R.W. appealed the Board's decision to the Interim President of CBC, Defendant Lee Thornton, on March 22. ECF No. 37-14. On April 19, Mr. Thornton lifted the restriction as to CBC's Pasco campus but left the restriction in place for the Richland campus. ECF No. 37-15. Mr. Thornton's modifications did not allow R.W. to attend his nursing classes because the nursing program is conducted at the Richland campus. ECF No. 37-8 at 7.
As the interim trespass was being appealed, CBC and R.W. also participated in the student conduct process to review the allegations made against R.W. ECF No. 37-16. On March 22, CBC held a meeting at which Mr. Reagan and R.W. discussed the allegations. Id. At the meeting, Mr. Reagan requested access to R.W.’s medical records to assess whether R.W. committed any abusive conduct, as defined by the Washington Administrative Code, which is incorporated into CBC's Student Code of Conduct. ECF No. 37-22 at 7. Mr. Reagan received R.W.’s medical records from Dr. Cabasug as well as a letter written by Dr. Cabasug explaining that R.W.’s homicidal thoughts were out of character for him. ECF Nos. 35-4 at 53–54, 72; 37-21; 37-33. Mr. Reagan also talked to the professors identified in R.W.’s homicidal thoughts, who all expressed that R.W.’s thoughts made them afraid of R.W.’s presence in classes. ECF Nos. 35-4 at 130, 137–38; 37-7.
On April 20, 2017, Mr. Reagan issued R.W. a letter stating that he found R.W. responsible for violating CBC's Student Code of Conduct. ECF No. 37-16. The letter stated that, even though R.W. did not intend to intimidate anybody through his actions, his actions had that effect and therefore violated the school's regulations. Id. Mr. Reagan later clarified that R.W.’s violent thoughts were the conduct that violated the school's code. ECF No. 35-4 at 123.
The sanctions imposed by Mr. Reagan for R.W.’s conduct included the continuation of the trespass order until R.W. (1) successfully re-enrolled in the nursing program, (2) participated in mental health counseling, and (3) completed a mental health evaluation in October of 2017. ECF No. 37-16 at 1.3 Through counsel, R.W. appealed Mr. Reagan's decision and imposition of sanctions to the Student Appeals Board on May 4, 2017. ECF No. 37-17. The Board unanimously upheld Mr. Reagan's imposition of sanctions on May 24, 2017. ECF No. 37-18. R.W. appealed the Board's decision to Mr. Thornton on June 7, 2017. ECF No. 37-19. Mr. Thornton affirmed the Board's decision on June 12, 2017. ECF No. 37-20.
On July 8, 2021, approximately three years after the event in question, Mr. Reagan issued R.W. a follow-up letter, stating that the sanctions imposed on April 20, 2017, became null and void when R.W. did not enroll in Winter Quarter 2018. ECF Nos. 131 at 137–38, 129 at 8. R.W. disputes this fact, arguing that the sanctions were not withdrawn until the issuance of Mr. Reagan's letter on July 8, 2021. ECF No. 136 at 12–13. R.W. further argues that Mr. Reagan lacks authority to determine whether he can return to the nursing program. Id. Defendants argue that R.W. no longer has any sanctions imposed upon him and is free to apply for reenrollment at CBC. ECF No. 129 at 8. In response, R.W. notes that he was failed in all of his classes in Winter Quarter 2017, "rendering him ineligible to return pursuant to the requirements of the nursing student handbook." ECF No. 136 at 12–13 (citing ECF Nos. 37-4, 139).
R.W. filed a complaint against CBC, Mr. Reagan, and Mr. Thornton on May 25, 2018. ECF No. 1. R.W. asserts a 42 U.S.C. § 1983 claim, arguing that all Defendants violated his free speech rights under the First Amendment and the Equal Protection Clause of the Fourteenth...
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