Suhail v. Univ. of the Cumberlands

• Decision Date: 28 May 2015
• Docket Number: Civil No. 13–122–GFVT.
• Parties: Dr. Sameer SUHAIL and Dr. Omar Suhail, Plaintiffs, v. UNIVERSITY OF THE CUMBERLANDS, Defendant.
• Court: U.S. District Court — Eastern District of Kentucky

107 F.Supp.3d 748

Dr. Sameer SUHAIL and Dr. Omar Suhail, Plaintiffs,

v.UNIVERSITY OF THE CUMBERLANDS, Defendant.

Civil No. 13–122–GFVT.

United States District Court, E.D. Kentucky, Southern Division, London.

Signed May 28, 2015.

Donald D. Waggener, Lexington, KY, Fred A. Joshua, Fred A. Joshua, P.C., Chicago, IL, for Plaintiffs.

John F. Kelley, Jr., Kelley, Brown & Breeding, London, KY, for Defendant.

MEMORANDUM OPINION & ORDER

GREGORY F. VAN TATENHOVE, District Judge.

The University of the Cumberlands, a private University located in Williamsburg, Kentucky, recently developed a Clinical Psychology Ph.D. Program. [R. 1 at 2.] The Plaintiffs, brothers Omar and Sameer Suhail, were students in the program's inaugural class and now sue the University for changes made to the program's curriculum subsequent to their enrollment. This matter is before the Court on the parties' cross motions for Summary Judgment. For the reasons that follow, each of the parties' motions will be DENIED in PART and GRANTED in PART.

I

In 2009, Dr. Peter Geissler pitched the "idea of blending a medical model and a clinical model in a Ph.D. in clinical psychology" to the University of Cumberland's leadership.¹ [R. 44–4 at 8.] The leadership at the University were intrigued by the idea and Dr. Geissler and two other faculty members began designing a Clinical Psychology Ph.D. program. [R. 44–1; R. 44–4 at 8.] Ultimately, Dr. Geissler was chosen to lead the new program, and in May 2011, he sent a solicitation email to students attending St. Christopher's College of Medicine, in Cambridge, England, where he had served as chancellor between 2000–2002. [R. 1 at ¶ 8; R. 44–5 at 20.] On the recommendation of a former colleague, and as a "recruiter acting for and on behalf of the University of the Cumberlands," Geissler directly recruited Doctors Sameer and Omar Suhail. [R. 44–5 at 21.] Succeeding in his efforts, the Suhail brothers enrolled in the program at the University of the Cumberlands in the summer of 2011. [R. 1 at ¶ 2–3.] In addition to bringing them in as students, Dr. Geissler also offered Dr. Sameer Suhail positions as both Clinical Director and Assistant Professor of Psychiatry, with the expectation that he would commence his work in those roles in August 2012. [R. 1 at ¶ 64–73; R. 43–15; R. 43–16.] Dr. Sameer Suhail promptly accepted the offer of employment. [R. 43–17.]

At the time of their enrollment, the Clinical Psychology program requirements were outlined in the University's 2011–2012 Course Catalog. [R. 1 at ¶ 3; R. 1–3.] The catalog represented that "the Ph.D. in Clinical Psychology degree program offered by University should fulfill the educational requirements for licensure in 37 states or jurisdictions," [R. 1–3 at 19 (emphasis added) ] one of which was Kentucky:

States for Which Program Fulfills Educational Licensure Requirements

Based upon a review of state law and licensure regulations, the Ph.D. in Clinical Psychology degree program offered by University of the Cumberlands should fulfill the educational requirements for licensure in 37 states or jurisdictions. Additional information on state requirements may be found on the ASPPB website. See the state requirements link on the homepage at http://www.asppb.net or review the Jurisdictional Handbooks available at http://www.asppb.org/HandbookPublic/HandbookReview.aspx.

The Ph.D. in Clinical Psychology degree program offered by University of the Cumberlands should fulfill the educational licensure requirements in these states or jurisdictions:

1. Alabama 2. Arizona 3. Arkansas 4. California 5. Colorado 6. Connecticut 7. Delaware 8. District of Columbia 9. Hawaii 10. Idaho 11. Indiana 12. Iowa 13. Kansas 14. Kentucky 15. Louisiana 16. Maryland 17. Massachusetts 18. Michigan 19. Montana 20. New Hampshire 21. New Jersey 22. New Mexico 23. New York 24. North Carolina 25. North Dakota 26. Ohio 27. Oregon 28. Pennsylvania 29. South Carolina 30. South Dakota 31. Tennessee 32. Vermont 33. Virginia 34. Washington 35. West Virginia 36. Wisconsin 37. Wyoming

[R. 1–3 at 19.] The Catalog also held out to "provide a foundation for postdoctoral training in psychopharmacology as required for licensure in medical psychology in the two states that have granted clinical psychologists prescriptive authority." [R. 43–2 at 4.] The Suhails paid their tuition and began the program in Fall 2011.

During the 2011–2012 academic year, after the Program's first class of students were already enrolled, the University began having doubts about Dr. Geissler's management of the program. [R. 44–4 at 13.] Dr. Cockrum, the University's Vice–President, asked Dr. Owen Nichols, a member of the Kentucky Board of Examiners of Psychology, to review the program's curriculum which Geissler had been responsible for developing. [R. 44–1 at 6; R. 44–4 at 13.] Dr. Nichols informed the University that the program did not satisfy Kentucky's licensure requirements and recommended changes in the program so that students graduating from the program would actually be qualified for licensure in the Commonwealth.

In March 2012, Dr. Cockrum recommended that the University not renew its contract with Dr. Geissler. According to Dr. Cockrum, Dr. Geissler "didn't always do things by the book," elaborating that he had exercised too much independence in bringing people into the program and also that the program failed to meet Kentucky's licensure requirements. [R. 44–4 at 12–13.] Dr. Geissler's contract was not renewed. [Id. ]

As a result of Dr. Nichol's recommendations, an updated course catalog was published for the 2012–2013 academic year which included the following additional requirements for the program: an 1800 hour internship requirement, additional courses and a competency examination. [R. 1 at ¶¶ 3–4, 11; R. 1–4; R. 1–6.] The new catalog stated the following about licensure requirements:

The Ph.D. in Clinical Psychology degree program offered by University of the Cumberlands fulfills the educational licensure requirements for the state of Kentucky. It is our goal to provide the educational licensure requirements for many additional states. It is up to the student to contact their interested state Board of Psychology to inquire if we meet their educational standards.

[R. 1–6 at 15.] The University explains that these changes were made to "to accommodate both the needs of their students and the Kentucky licensure requirements." [R. 44–1 at 2.]

In an October 22 email, the University notified students in the Ph.D. program of the changes in the Clinical Psychology Ph.D. Program. [R. 44–17.] According to the Suhails, they did not learn of the additional requirements until February 2013, only a few months away from their anticipated completion of the program. [R. 1 at ¶ 12.] According to the University, Dr. Sameer Suhail's first complaint about the changed graduation requirements came by way of a March 4, 2013 letter to Dr. Russ Radenhausen and Dr. Cockrum, wherein he asked to be allowed to complete the program in accordance with the original program requirements. [R. 44–1 at 16; R. 44–23.] The letter was ultimately directed to Dr. Kristy Keefe, who had taken over as the program's director following Dr. Geissler's departure. Dr. Keefe met with Dr. Sameer Suhail and offered him options for how to proceed if he did not want to complete the 1,800 hour internship. [R. 44–26.] According to Keefe, he had three options: obtain a master's degree in psychology, obtain a Ph.D. under the terms of the original catalog but forgo licensure in Kentucky and other states that require a pre-doctoral internship, or obtain a Ph.D. under the terms of the amended catalog. [R. 44–1 at 17; R. 44–26.]

The Suhails were "shocked and upset to hear about the additional requirements," and argue that they "cannot and should not be required to complete the several additional requirements in order to receive their degree and licensure." [R. 1 at ¶ 15–21.] Separate from claims about the program's modification, Dr. Sameer Suhail also alleges the University breached its employment contract with him when he was not permitted to assume his positions as "clinical director" and "assistant professor" in August 2012. [R. 1 at ¶ 64–73.]

II

A

Summary judgment is appropriate where "the pleadings, discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c)(2) ; Celotex Corp. v. Catrett, 477 U.S. 317, 323–25, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "A genuine dispute exists on a material fact, and thus summary judgment is improper, if the evidence shows 'that a reasonable jury could return a verdict for the nonmoving party.' " Olinger v. Corp. of the President of the Church, 521 F.Supp.2d 577, 582 (E.D.Ky.2007) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ).

In deciding a motion for summary judgment, the Court must review the facts and draw all reasonable inferences in favor of the non-moving party. Logan v. Denny's, Inc., 259 F.3d 558, 566 (6th Cir.2001) (citing Liberty Lobby, 477 U.S. at 255, 106 S.Ct. 2505 ). In terms of burden shifting, the moving party has the initial burden of demonstrating the basis for its motion and identifying those parts of the record that establish the absence of a genuine issue of material fact. Chao v. Hall Holding Co., Inc., 285 F.3d 415, 424 (6th Cir.2002). The movant may satisfy its burden by showing "that there is an absence of evidence to support the non-moving party's case." Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Once the movant has satisfied this burden, the non-moving party must go beyond the pleadings and come forward with specific facts to demonstrate there is a genuine issue. Hall Holding, 285 F.3d at 424 (citing Celotex, 477 U.S. at 324, 106 S.Ct. 2548.) Moreover, "the nonmoving party must do more than show there is some metaphysical doubt as to the material...