Sifuna v. South College of Tennessee, Inc. (PLR1)
Filing
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MEMORANDUM OPINION: In light of the foregoing discussion, the court finds South College's motion for summary judgment [R. 19 ] well-taken; the motion is GRANTED; and this action is DISMISSED with prejudice. Signed by District Judge Pamela L Reeves on 5/12/17. (JBR)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MILLICENT SIFUNA,
Plaintiff,
v.
SOUTH COLLEGE OF TENNESSEE, INC.,
Defendant.
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No. 3:14-cv-00515
REEVES/SHIRLEY
MEMORANDUM OPINION
In this action, plaintiff claims breach of an express or implied contract and
promissory estoppel following her academic dismissal from South College’s School of
Pharmacy. Currently pending before the court is defendant’s motion for summary
judgment [R. 19], to which plaintiff has responded [R. 43]. The court has carefully
considered the pending motion, plaintiff’s response, and the supporting exhibits in light of
the applicable law. For the reasons stated herein, the court finds defendant’s motion for
summary judgment well-taken, and the motion will be granted.
I. Factual Background
South College is a private, co-educational institution offering an accelerated three
(3) year program for a Doctor of Pharmacy degree. Sifuna attended South College between
February 2012 and her academic dismissal in December 2013.
South College has an Experiential Education Program that requires students to take
and pass a number of clinical rotations at pharmacies and medical institutions under the
supervision of instructors and licensed pharmacists who are referred to as “preceptors.”
Students must take and pass a certain number of clinical rotation courses in order to obtain
their Doctor of Pharmacy Degree. The clinical rotations also serve as “contact hours”
required for licensure by the Tennessee Board of Pharmacy, so the courses are essential
both for obtaining a degree and a license to practice pharmacy.
The Student Handbook emphasizes professionalism as a core competency for
student pharmacists. The Class Conduct policy states that students are expected to conduct
themselves at all times in a professional and responsible manner. The Experiential
Education Handbook for clinical rotations contains provisions requiring professional
conduct by student pharmacists, including “Attendance and being on time are hallmarks of
professionalism. If a student anticipates being late for a rotation, it is the student’s
responsibility to contact the preceptor.” Attendance at all scheduled clinical rotations is
mandatory; and “student pharmacists are responsible for being at sites and ready for
activities they may be responsible for in a regular and timely manner and ready to begin on
time.”
Students who engage in practices, attitudes or characteristics deemed
unprofessional by faculty may be subject to disciplinary review.
Sifuna had successfully completed three of four required clinical rotations. In
August 2012, Kellie Goza, Director for clinical rotations, emailed Sifuna’s class to
schedule a clinical rotation for 2013. The rotations were for one week consisting of five
days, eight hours per day. Students were given three weeks from which to choose – Sifuna
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chose the week of September 16-20, 2013. That was the last week the clinical rotation was
offered during the second year of the curriculum. The Experiential Education Handbook
for clinical rotations states it is the responsibility of the student to contact the preceptor by
phone or email within ten working days of the start of a rotation. The purpose of the contact
is to make an introduction to the preceptor, obtain specifics of the site location, parking,
hours, and establish the first day of the rotation. Sifuna did not communicate with her
preceptor, Dr. Long, in advance of the start of the rotation.
Sifuna failed to report for the start of her rotation at City Drug on September 16 and
at 11:45, Dr. Long left a voicemail message for Goza. When Goza returned Dr. Long’s
call, he told her that Sifuna did not show up to start the rotation and did not contact him in
advance. He further told Goza that Sifuna called him around 11:45 a.m. and stated that she
arrived at 8:00 a.m., but the store was “closed,” and the sign said they did not open until
9:00 a.m. Sifuna told Dr. Long that she went to Maryville College, got lost, could not find
her way back to City Drug, and decided to go home. Goza told Dr. Long that he was free
to make his own decision about what he wanted to do with Sifuna. Dr. Long told Goza
that Sifuna could not return to City Drug.
Sifuna went to Goza’s office at approximately 4:00 p.m. on September 16. Sifuna
claimed she did not have the correct telephone number for Dr. Long. She admitted that she
did not contact Dr. Long prior to her rotation because “she was familiar with City Drug.”
She claimed that Dr. Long told her she could come on Tuesday, September 17 to start her
rotation. Goza informed Sifuna that Dr. Long had found Sifuna’s behavior unacceptable
and she would not be permitted to do her rotation at City Drug. Goza advised Sifuna to
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contact Dr. Long that afternoon to apologize for her lack of communication and ask if he
would permit her to complete the rotation with him at City Drug. Goza further advised
that if Dr. Long did not permit her to complete the rotation at this time, the only other
option would be to complete a rotation the week of December 16-20, 2013, with another
preceptor.
Sifuna did not contact Dr. Long that afternoon as directed. Goza called Dr. Long at
5:00 p.m. to ask if Sifuna had made contact with him. Dr. Long reported that he had not
heard from her and reiterated that at this point she would not be permitted to return in light
of her unprofessional conduct. In Dr. Long’s view, Sifuna’s conduct in failing to contact
him to make arrangements to start the rotation, failing to show up to start the rotation,
claiming that she had been there but left and became lost within a half a mile from the
store, and then deciding to go home, constituted unprofessional conduct, which he deemed
unacceptable.
The next morning, Dr. Long testified that Sifuna appeared at City Drug at 8:00 a.m.
He was behind the counter. Because Sifuna did not approach the counter or say anything,
Dr. Long approached her and asked if there was anything he could help her with. Sifuna
said, “I’m here for the rotation.” Dr. Long informed Sifuna that she would not be doing
her rotation at City Drug. Sifuna said “okay” and turned and left.
Sifuna states that at least one month before the scheduled rotation, she sent an email
to Dr. Long advising him that she was supposed to have a rotation at his pharmacy
September 16-20, and asking him if there was anything that she needed to know. When
Dr. Long did not respond to her email, Sifuna attempted to call him about a week before
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September 16, but no one answered the call. Sifuna then researched City Drug online and
found that the pharmacy opened at 8:00 a.m.
On September 16, 2013, Sifuna drove to City Drug, which is located on Lamar
Alexander Parkway. She arrived prior to 8:00 a.m. When she pulled into the parking lot,
she noticed a sign on a door of the building that said it was closed and was open from 9:00
a.m. to 6:00 p.m. The door also had a sign on it that said “City Drug Home Medical
Equipment.” Sifuna became confused and wondered if she was at the right place. After
sitting in the parking lot for a few minutes, a truck drove by that had a bumper sticker on
it that said “If I had known it would come to this, I would have picked my own cotton.”
That made Sifuna uncomfortable, so she decided to go to Maryville College which is also
on Lamar Alexander Parkway.
Siguna went to the library at Maryville College and tried to call City Drug, but got
no answer. She left the college intending to return to City Drug, but got lost. She returned
to the library at Maryville College and used Mapquest to get directions to City Drug.
Sifuna got lost again, so she found the interstate back to Knoxville. When she got back to
Knoxville, Sifuna called Dr. Long around 10:45 a.m. She explained what had happened
and asked if she could return the following day to start her rotation and Dr. Long said that
would be okay. Sifuna returned to City Drug the next day and arrived a few minutes before
8:00 a.m. At that point, she figured out she should have gone to another door a few feet
away from the one she went to the previous day. Sifuna had gone to the medical equipment
business door, which opened at 9:00 a.m., and the other door was for the pharmacy, which
opened at 8:00 a.m. When Sifuna went to the pharmacy door on the morning of September
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17, Dr. Long was stepping out to get the newspaper. When Sifuna told him who she was,
Dr. Long told her that she would not be doing her rotation there and went back into the
pharmacy. Sifuna testified that after Dr. Long declined to let her start the rotation on
September 17, she “went on vacation” to Nashville because she was “stressed out.” She
did not further contact Goza to arrange a substitute rotation for the week.
Because Sifuna did not complete the clinical rotation at City Drug, Dr. Long never
gave Sifuna any type of evaluation or grade, thus, Dr. Freeman, as course director, assigned
her an “F”. Dr. Freeman notified Dr. Hussein, Associate Dean of Academic Affairs, that
although she had sent two emails, she had received no communication from Sifuna. On
September 23, Sifuna finally responded to Dr. Freeman asking if she could do a make-up
rotation over Thanksgiving break. Dr. Freeman replied that she did not have any preceptors
available and told Sifuna that she could complete the rotation December 16-20, 2013.
Sifuna requested that she not return to City Drug “because the experience from that
particular store/community would not be very helpful to my goals and where I plan to use
my education.”
On October 15, 2013, Sifuna emailed Dr. Hussein telling him she was
uncomfortable going to Maryville. She wished to make up her rotation November 16-20,
and she would find her own location. Sifuna also stated she was going to be in London for
a sibling’s wedding during December 16-20. Dr. Hussein directed Sifuna to contact Dr.
Freeman to make up the rotation. He further informed Sifuna that her failure to complete
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the rotation would result in dismissal from the program. By October 28, 2013, Sifuna had
done nothing to address her issues related to the failed clinical rotation with Dr. Freeman.
Dr. Freeman contacted Sifuna on November 20, 2013, asking her to meet to discuss
rescheduling the clinical rotation.
Because of Sifuna’s complaint about “being
uncomfortable” at City Drug, wanting a pharmacy that “fit her goals,” and her
representation that she was going to be out of the country the week of December 16-20,
Dr. Freeman want to meet with Sifuna to see if she intended to do the clinical rotation in
December, to give her a choice of locations, to hear her explanation of what occurred with
Dr. Long, and to go over professionalism issues. Sifuna testified that she went by Dr.
Freeman’s office, but she was not in the office, and Sifuna never met with her. Dr. Freeman
had posted office hours (Tuesday 1-3 and Thursday 1-3) and encouraged students to make
appointments to see her. Sifuna never made any effort to schedule an appointment with
Dr. Freeman. Instead, she sent an email to Dr. Freeman proposing that she do a rotation
with Dr. German at Preferred Pharmacy the week of Thanksgiving.
South College states there were at least three problems with Sifuna’s proposal. First,
Goza had already told Sifuna in October 2012, that she could not do two clinical rotations
with the same preceptor (Sifuna had previously completed a rotation with Dr. German).
Second, the Experiential Education Handbook clearly states, “It is inappropriate for a
student pharmacist to contact a preceptor or clinical faculty member directly at an affiliate
practice site to attempt to arrange or change a rotation.” Third, Dr. Freeman and Goza
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determine the times for clinical rotations well in advance; they did not allow students to set
up their own rotations or try to change designated rotation times to suit their own schedules.
On November 20, 2013, Dr. Freeman responded to Sifuna that a rotation with Dr.
German the week of Thanksgiving was not an option, and she would need to make up the
clinical rotation the week of December 16-20, 2013. Sifuna replied on November 21,
requesting that she not be sent to “uncomfortable areas. How comfortable would you be
in a parking lot whose cars have stickers like ‘If I’d known it would come to this, I would
have picked my own cotton?’” Sifuna ended her email with “Those who will not reason,
are bigots, those who cannot, are fools, and those who dare not, are slaves. – George
Gordon Bryon.”
Dr. Freeman believed Sifuna was directing the terms “bigot” and “fool” to her for
declining Sifuna’s proposal to make up the failed clinical rotation. Dr. Freeman responded,
“Your comments are inappropriate. I will not communicate with you any further.” Dr.
Freeman then forwarded Sifuna’s email to Dr. Fitzgerald, saying “I will not tolerate being
called a bigot and a fool. This crosses the professionalism line.” Dr. Freeman made no
further efforts to contact Sifuna.
Under South College’s curriculum, students may not progress from one quarter to
the next unless the student has met the requirements for progression. A minimum letter
grade of “C” in any course and a cumulative grade point average of 2.33 are required for
advancement to the following academic quarter. Under the academic progression policy,
Sifuna’s “F” resulted in automatic dismissal in December 2013. Once grades are posted,
a student who does not meet the minimum requirements for progression is academically
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dismissed from the program and an immediate petition for readmission must be initiated
by the student to the Associate Dean for Academic Affairs. Sifuna appealed to the
Academic Standing and Progression Committee, and a hearing was scheduled for
December 12, 2013. Sifuna failed to appear, claiming that she was having “car trouble.”
The Committee rescheduled the hearing to December 13, 2013, at which time Sifuna
appeared and asked the Committee to set aside the “F.” The Committee voted to reject her
grievance and recommended to the Dean of the School of Pharmacy that the “F” be upheld.
On December 17, 2013, Dr. Fitzgerald wrote Sifuna, notifying her of the
Committee’s recommendation that her grievance be denied. He confirmed that pursuant
to the Student Handbook, a grade of “F” in any course was grounds for academic dismissal.
He informed Sifuna she had two options – she could appeal the decision to the South
College Executive Vice President, Dr. Hall, or she could file a petition for readmission in
lieu of an appeal to Dr. Hall. On December 30, 2013, Sifuna emailed Dr. Freeman
apologizing for her “inappropriate behavior.”
On January 21, 2014, Sifuna filed a petition for readmission. The petition was
referred to the Academic Standing and Progression Committee for consideration, and the
Committee conducted a hearing on January 22, 2014. Upon conclusion of the hearing, the
Committee voted unanimously to deny readmission, and made that recommendation to Dr.
Fitzgerald.
Dr. Fitzgerald advised Sifuna of the Committee’s recommendation, and
informed her of his decision to uphold the recommendation based upon Sifuna’s
unprofessional conduct. Sifuna appealed the decision to Executive Vice President, Dr.
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Hall, and President, Stephen South. They met with Sifuna on February 27, 2014. By letter
dated March 6, 2014, Sifuna was notified that her appeal was denied.
South College moves to dismiss plaintiff’s claims on the grounds that plaintiff is
unable to establish (1) that South College breached a contract, express or implied, by
assigning Sifuna an “F” in the clinical rotation; and (2) the essential elements of a claim of
promissory estoppel.
Sifuna concedes that her dismissal from the School of Pharmacy was automatic once
she was assigned a failing grade. Nor does she assert a claim for wrongdoing associated
with the college’s handling of her petition for readmission. Sifuna also abandons her claim
for breach of the handbook provision addressing the procedure for making up a course in
which a student has already received a failing grade, as well as her claim for equitable
estoppel. Sifuna continues to assert claims arising out of the college’s refusal to allow her
to make up her “absence” during the clinical rotation and the assignment of an “F” for the
course. Sifuna argues the college breached the provisions in its Experiential Education
Handbook by not allowing her to make up her absence from the first day of the clinical
rotation and assigning her a failing grade in the course. Therefore, Sifuna argues, South
College’s motion for summary judgment should be denied.
II. Standard of Review
Summary judgment under Rule 56 of the Federal Rules of Civil Procedure is proper
“if the movant shows that there is no genuine dispute as to any material fact and the movant
is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears
the burden of establishing that no genuine issues of material fact exist. Celotex Corp. v.
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Cattrett, 477 U.S. 317, 330 n. 2 (1986); Moore v. Philip Morris Co., Inc., 8 F.3d 335, 339
(6th Cir. 1993). All facts and inferences to be drawn therefrom must be viewed in the light
most favorable to the nonmoving party. Matsushita Elec. Indus. Co. Ltd v. Zenith Radio
Corp., 475 U.S. 574, 587 (1986); Burchett v. Keifer, 301 F.3d 937, 942 (6th Cir. 2002).
Once the moving party presents evidence sufficient to support a motion under Rule
56, the nonmoving party is not entitled to a trial merely on the basis of allegations. Celotex,
477 U.S. at 317. To establish a genuine issue as to the existence of a particular element,
the nonmoving party must point to evidence in the record upon which a reasonable finder
of fact could find in its favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
The genuine issue must also be material; that is, it must involve facts that might affect the
outcome of the suit under the governing law. Id.
The Court’s function at the point of summary judgment is limited to determining
whether sufficient evidence has been presented to make the issue of fact a proper question
for the factfinder. Id. at 250. The Court does not weigh the evidence or determine the truth
of the matter. Id. at 249. Nor does the Court search the record “to establish that it is bereft
of a genuine issue of fact.” Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479 (6th Cir.
1989). Thus, “the inquiry performed is the threshold inquiry of determining whether there
is a need for a trial – whether, in other words, there are any genuine factual issues that
properly can be resolved only by a finder of fact because they may reasonably be resolved
in favor of either party.” Anderson, 477 U.S. at 250.
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III. Analysis
A. Breach of Contract
Sifuna asserts that South College breached the contractual relationship established
by the Experiential Education Handbook by (1) not allowing her to make up her absence
from the first day of the clinical rotation or reassigning her to another site, and (2) assigning
an “F” in the class. Additionally, Sifuna claims that Dr. Freeman’s September 17, 2013
and November 20, 2013 emails constituted contracts, which she claims South College
breached by failing to allow her to complete a make-up rotation. Finally, Sifuna claims
that Goza’s oral representations at a meeting on September 16, 2013, constituted a contract
which South College breached by not allowing her to make up the failed clinical rotation
as promised.
In Tennessee, a plaintiff alleging a breach of contract must show (1) the existence
of an enforceable contract, (2) nonperformance amounting to a breach of the contract, and
(3) money damages caused by the breach. Thomas v. Meharry Med. College, 1 F.Supp.3d
816, 828 (M.D.Tenn. 2014). The Sixth Circuit, applying Tennessee law, has stated that
“the student-university relationship is contractual in nature although courts have rejected a
rigid application of contract law in this area.” Atria v. Vanderbilt Univ., 142 Fed. Appx.
246, 255 (6th Cir. 2005).
Catalogs, manuals, handbooks, bulletins, circulars and
regulations of a university may help define the contractual relationship. Id. Courts have
adopted different standards of review when educators’ decisions are based upon
disciplinary versus academic criteria, applying a more intrusive analysis of the former and
a far more deferential examination of the latter. Doherty v. S. Coll. Of Optometry, 862 F.2d
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570, 577 (6th Cir. 1988). Generally, a court should not disturb a university’s academic
decisions unless the university acted in an arbitrary and capricious manner. In order to
establish such arbitrary and capricious action, a plaintiff must show that there is no rational
basis for the university’s decision or that the decision was motivated by bad faith or ill will
unrelated to academic performance. Stevens v. Hunt, 646 F.2d 1168, 1169 (6th Cir. 1981).
Judicial intervention in any form should be undertaken only with the greatest reluctance.
“This is the case especially regarding degree requirements in the health care field when the
conferral of a degree places the school’s imprimatur upon the student as qualified to pursue
his chosen profession.” Doherty v. S. Coll. Of Optometry, 862 F.2d at 576. Judicial
deference to educators in their decisions is no less applicable in a clinical setting because
evaluation in a clinical course involves observation of skills and techniques in actual
conditions of practice. Id.
South College asserts that its decisions to assign Sifuna an “F” for the clinical
rotation, dismiss her from the program, and decline to readmit her, are all academic
decisions entitled to deference, which may be overturned only if they were arbitrary and
capricious.
1. “F” Grade
Dr. Freeman’s assignment of an “F” to Sifuna for the clinical rotation was clearly
an academic decision. The Experiential Education Handbook requires students to contact
their preceptor by phone or email within ten working days of the start of a rotation to obtain
the specifics of the site location, parking, hours, and to establish the first day of the rotation.
Sifuna never spoke to Dr. Long prior to her rotation; she did not show up for the first day
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of her rotation; and Dr. Long decided that he would not allow her to complete the rotation
due to her unprofessional conduct. Sifuna failed to complete the 40 hours required to
receive credit for the clinical rotation. The clinical rotations were graded as either Pass or
Fail. Because Sifuna did not complete the clinical rotation requirements, Dr. Freeman was
justified in assigning her a grade of “F”.
In her arguments, Sifuna ignores the provisions of the Experiential Education
Handbook stating that “professionalism is a core competency component” of the clinical
rotation and part of the grading. Her unprofessional conduct went far beyond a mere
absence. She also ignores the grading procedure outlined in the School of Pharmacy
Handbook stating, “Please be reminded that a failure of any pharmacy practice experience
can occur solely based on the lack of professionalism at the sole discretion of the
preceptor.” It is undisputed that Goza emailed Sifuna accurate contact information for Dr.
Long on March 1, 2013, and his contact information was also available in E*Value. Dr.
Long testified that he was not contacted at any time in advance by Sifuna by email, phone
call, or in person as she was required to do. The Experiential Education Handbook states
that is the student’s responsibility to contact the preceptor in advance. Sifuna cannot rely
on provisions of the attendance policy, taken out of context, where she committed multiple
breaches of her own responsibilities under the college’s policies which led to Dr. Long’s
decision to decline to allow her to complete the clinical rotation due to her
unprofessionalism. Sifuna’s testimony that she sent an email she has not produced, and
that she thinks she made a phone call but no one answered, does not create a dispute of
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material fact given Dr. Long’s testimony that he received no email or phone call from
Sifuna prior to September 16, 2013.
2. Failure to Schedule Another Clinical Rotation
Sifuna argues South College did not comply with the provisions of the Experiential
Education Handbook that she asserts allow her to make up the clinical rotation. The
Handbook provides that “A failed IPPE must be made up with a passing grade in order to
progress to Advanced Pharmacy Practice Experiences.” South College responds that this
provision must be read in the context of other policies – the Student Handbook lays out the
Academic Progression policy and requires a letter grade of “C” or better for advancement
to the following academic quarter. Because she received an “F”, Sifuna could not advance
to the following academic quarter. Moreover, a grade of “F” in any course, results in
automatic academic dismissal per the Academic Progression Policy.
Under the South College policies, the make-up provisions that Sifuna is relying on
would be applicable if the Academic Standing and Progression Committee overturned the
“F”. Only then would Sifuna have been allowed to make up the clinical rotation during
the week of December 16-20, 2013. Because the Committee upheld the “F” grade, Sifuna
was not eligible to make up the clinical rotation.
Next, Sifuna argues South College breached it attendance policy that allows a
student who has an unexpected absence to make up the hours prior to the end of the grading
period for the rotation. South College responds that this provision allows a student to make
up hours “in a way that meets with the preceptor’s approval.” Therefore, a student can
only make up an absence if she continues to work for the preceptor, and she makes up the
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absence in a way that meets the preceptor’s approval. Here, Dr. Long decided that he
would not allow Sifuna to do the rotation based on her lack of professionalism. While
Sifuna’s no-show on September 16 may be considered an “absence,” that is only part of
the reason Dr. Long refused to allow her to complete the clinical rotation. Dr. Long
testified that the first time he heard from Sifuna was at 11:30 a.m., when she was due at
City Drug at 8:00 a.m. She told him that she had come to City Drug but they “weren’t
open at 8:00 a.m.” Since nobody was there, she went to Maryville College and then got
lost when she tried to return to City Drug, so she went home.
Dr. Long testified that he was disappointed at Sifuna’s unprofessional conduct in
failing to contact him in advance as well as her excuses. He testified that he found it hard
to believe that if Sifuna was there that morning, she only saw the entrance to City Drug
Home Equipment and did not see the entrance to City Drug which is only a few feet away.
He further testified that he also found it hard to believe that person could get “mixed up
and lost” between Maryville College and City Drug since they are on the same street and
only a short distance apart. Dr. Long also testified that he did not tell Sifuna she could start
the next day. When Dr. Long talked with Goza that morning, she told him he was free to
decide how to handle the situation. Dr. Long decided to not continue with the rotation in
light of Sifuna’s unprofessional behavior. Sifuna’s conduct went well beyond a mere
absence, and it violated the Experiential Education Handbook’s professionalism
requirement. Accordingly, the court finds that Sifuna cannot prevail on her claim that
South College breached the attendance policy as a matter of law.
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Sifuna next argues that South College was obligated to reassign her to another
rotation site. Sifuna relies upon provisions in the Experiential Education Handbook
reserving to the school the right to reassign a student to a specific site. The provisions do
not obligate the school to reassign a student who willingly fails to complete an assigned
rotation. Sifuna did not pursue a reassignment immediately after Dr. Long declined to
allow her to do the rotation at City Drug on September 17, instead, she took a vacation.
Sifuna did not respond to Dr. Freeman’s communication until September 23. By that time,
the September rotations were concluded. Sifuna was told that no preceptors were available
for November, but she could do a rotation December 16-20. Yet, Sifuna did not take
advantage of Dr. Freeman’s offer to meet to arrange for a rotation in December. And, as
explained above, Sifuna could not do two clinical rotations with the same preceptor. There
is no question here that South College did everything possible to schedule another rotation
for Sifuna. Sifuna simply failed to take advantage of the opportunities offered to her.
Sifuna argues that South College’s decision to award her an “F” was a disciplinary
decision requiring a close examination by the court, not an academic decision. Sifuna is
wrong.
As noted above, South College has established professionalism as a core
competency component of the clinical rotation assessments and a part of grading. Thus,
Dr. Long’s decision to decline to allow Sifuna to complete the clinical rotation due to her
unprofessional conduct was an academic decision. Additionally, Dr. Freeman’s decision
to give Sifuna an “F” because she did not complete the rotation is also an academic
decision. See Al-Dabagh v. Case Western Reserve Univ., 777 F.3d 355 (6th Cir. 2015)
(dismissal on professionalism grounds amounts to a deference-receiving academic
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judgment); see also Harris v. Blake, 798 F.2d 419, 423 (10th Cir. 1986) (dismissing student
for failing to attend practical class sessions is “academic”). Sifuna has cited no authority
to the contrary. Therefore, in order to show that the college’s decision to give her an “F”
was arbitrary or capricious, Sifuna must show there was no rational basis for the decision,
or that the decision was motivated by bad faith or ill will unrelated to academic
performance. Stevens, 646 F.2d at 1169. Sifuna has presented no evidence to show that
South College acted without a rational basis for its decision, or that the decision was
motivated by bad faith or ill will towards her. Pursuant to the controlling authority, the
decision of South College was academic and entitled to deference by the court. District
courts are instructed, when reviewing the substance of academic decisions “to show great
respect” for the faculty’s professional judgment, and “only reluctantly intervene in
academic decisions.” Kaltenberger v. Ohio College of Podiatric Medicine, 162 F.3d 432,
437 (6th Cir. 1998).
3. Representations of Dr. Freeman and Goza
Sifuna claims that she had a contract to complete her rotation in December 2013
based on Dr. Freeman’s emails dated November 20, 2013, and September 17, 2013, and
Goza’s oral representations made on September 16, 2013. Dr. Freeman’s November 20,
2013 email states:
You will have to complete the IPPE at the next scheduled time of December
16-20, 2013. The Office of Experiential Education will make the assignment
with a preceptor in which we already have availability for this scheduled
timeframe.
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Assuming, arguendo, that the email is an offer to contract, an offer requires
acceptance to form a binding contract. Rejection by the offeree terminates the power of
acceptance. Vraney v. Medical Spec. Clinic, 2013 WL 4806902 at *19 (Tenn.Ct.App. Sept.
9, 2013). Sifuna’s response to Dr. Freeman does not accept a December rotation, but
instead proposes a counteroffer – that she be allowed to do a rotation with Dr. German the
week of Thanksgiving. Therefore, when Sifuna made her counteroffer, the effect was a
rejection of the offer made by Dr. Freeman to complete a rotation in December. There was
no contract formed between Dr. Freeman and Sifuna based on the November 20, 2013
email.
Second, Sifuna also claims that an email sent to her from Dr. Freeman on or about
September 17, 2013, allegedly stating she would be able to complete the IPPE in December
of 2013, constituted a contract. Neither Sifuna nor South College have produced this email.
Dr. Freeman did send an email to Sifuna on September 23, 2013, stating that she did not
have any preceptors for the Thanksgiving week, and the next opportunity to complete the
rotation would be December 16-20, 2013. But again, to constitute a contract, Sifuna would
have to accept the offer to do a rotation in December. Sifuna did respond to Dr. Freeman,
thanking her for her email, and requesting that she not return to Dr. Long’s Maryville store.
Nowhere in her response does Sifuna agree to schedule a make-up rotation in December.
Finally, Sifuna also claims that Goza’s oral representation on September 16, 2013,
constituted a contract with her. Specifically, Sifuna asserts that Goza represented and
assured her that she would be allowed to make up the IPPE in December 2013. However,
Sifuna fails to provide any evidence that she accepted the purported offer. Sifuna has
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presented no evidence upon which a jury could find the essential elements of a contract –
offer and acceptance. Accordingly, no contract existed, as a matter of law, based on these
communications.
B. Promissory Estoppel
Sifuna claims South College made promises in its Handbook, in emails, and verbally
about the procedures that would be followed at the School of Pharmacy and Sifuna relied
on these promises. These promises induced her to enroll in the School of Pharmacy, to pay
tuition and other fees to South College, and to attend classes at South College.
To establish a claim of promissory estoppel, a plaintiff must demonstrate that (1) a
party made a promise which the promisor should reasonably have expected to induce the
action or forbearance of the promissee; (2) the promise does induce such action or
forbearance; and (3) injustice can be avoided only by enforcement of the promise. Atria
Univ., 142 Fed. Appx. at 256. Promissory estoppel is not applicable if the promisee did
not act reasonably in justifiable reliance on the promise as made. Alden v. Presley, 637
S.W.2d 862, 864 (Tenn. 1982). Moreover, the promise upon which the promisee relied
must be unambiguous and not unenforceably vague. Id. Tennessee law limits application
of the doctrine to exceptional cases such as where the defendant’s conduct is “akin to
fraud.” Sparton Tech. Inc. v. Util-Link, LLC, 248 Fed. Appx. 684, 689 (6th Cir. 2007).
Here, Sifuna fails to identify an unambiguous promise that reasonably induced her
to enroll and attend classes at South College. There was no breach of any promise to
Sifuna, and certainly no evidence to support a claim of fraud. Accordingly, her claim of
promissory estoppel fails as a matter of law.
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IV. Conclusion
In light of the foregoing discussion, the court finds South College’s motion for
summary judgment [R. 19] well-taken; the motion is GRANTED; and this action is
DISMISSED with prejudice.
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UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT
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