Thomas by and Through Thomas v. Davidson Academy

Citations: 846 F. Supp. 611; 3 Am. Disabilities Cas. (BNA) 352; 1994 U.S. Dist. LEXIS 3337; 1994 WL 90601Docket: 3:94-0071

Court: District Court, M.D. Tennessee; February 7, 1994; Federal District Court

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Amy Thomas, a 17-year-old senior at Davidson Academy, has attended the school since first grade, meeting academic requirements and participating in sports. Prior to the 1993-94 school year, she received only one disciplinary sanction. In November 1993, she experienced severe bleeding and was hospitalized due to a dangerously low platelet count, diagnosed with idiopathic thrombocytopenic purpura (ITP), a serious autoimmune condition that poses a risk of life-threatening bleeding. Davidson Academy, a non-religious private school accredited by the Southern Association of Colleges and Schools, complies with federal regulations, including Section 504 of the Rehabilitation Act of 1973, and offers educational and extracurricular trips. Following her hospitalization, which included treatments to raise her platelet count and ultimately a splenectomy on November 30, 1993, Amy missed several weeks of classes but returned on December 8, 1993.

Miss Thomas, diagnosed with Immune Thrombocytopenic Purpura (ITP), requires weekly visits to her pediatric hematologist, Dr. James Gay, for platelet monitoring and ongoing treatment including medications to prevent infections and bleeding. On January 5, 1994, her platelet count was declining again, and she was experiencing abnormal bleeding. Davidson Academy was informed of her medical condition following her hospitalizations in November 1993, with both the principal and headmaster acknowledging their awareness of her serious health issues.

On January 7, 1994, during art class, Miss Thomas accidentally cut herself with an exacto knife, leading to a hysterical reaction where she feared for her life. She sought help from the school office, where Student Life Coordinator Mrs. Becky LeGate and school nurse Mrs. Nancy Scott attended to her. Despite Miss Thomas's agitation and fear regarding her injury, Mrs. Scott downplayed the situation, stating it was not severe. Miss Thomas expressed a desire to contact her mother and ultimately made the call despite being instructed to stay in the office. Mrs. Scott described the encounter as particularly challenging, noting her feeling of being overwhelmed.

Miss Thomas experienced agitation and distress while at school, prompting Mrs. Scott to call Mr. Art Mayernick, the principal of Davidson Academy, in hopes of calming her. Upon arrival, Mr. Mayernick found Miss Thomas resistant to consolation and expressing feelings of being misunderstood regarding her injuries. As school was ending early due to weather, it was decided she could leave for home. 

On January 10, 1994, Miss Thomas returned to school and attended a meeting with Mr. Mayernick and her mother. During this meeting, Mr. Mayernick expressed concern about Miss Thomas' behavior on January 7, when she exhibited hysterical reactions linked to her medical condition, ITP. He dismissed the connection between her condition and her behavior, noting her lack of remorse and indicating a recommendation for her withdrawal from the school at semester’s end. After her mother requested reconsideration, Mr. Mayernick agreed to think it over.

On January 11, Miss Thomas apologized for her behavior, but Mr. Mayernick had already confirmed his decision to expel her. He questioned the sincerity of her apology despite her plea to remain at the school. He proposed alternatives to expulsion, including restrictions on her driving privileges, exam exemptions, and extracurricular activities, which Miss Thomas accepted after some hesitation. However, Mr. Mayernick maintained that expulsion was the appropriate response.

Davidson Academy allowed Miss Thomas to stay until January 26, 1994, the semester's end, and despite its attendance policy, granted her special consideration due to her medical condition, permitting her to complete her Fall 1993 semester courses for credit.

Mr. Mayernick informed Miss Thomas and her mother of the decision to expel her from Davidson Academy. Following this, both her attorney and physician sent letters to Mr. Chaney, highlighting Miss Thomas' medical condition and requesting accommodations due to stress from a self-harm incident on January 7, 1994. Subsequently, on January 25, 1994, a lawsuit was filed to prevent her expulsion, which was set for January 26, 1994. On the same day, Miss Thomas was hospitalized again due to a low platelet count.

The lawsuit invokes the Americans with Disabilities Act (ADA) and the Rehabilitation Act, seeking a preliminary injunction to stop the expulsion and any retaliatory actions. The Court must evaluate several factors for granting a preliminary injunction: (1) the likelihood of the plaintiff's success on the merits; (2) potential for irreparable harm without the injunction; (3) the impact on others if the injunction is granted; and (4) whether the public interest would be served by the injunction.

Under the ADA, discrimination against individuals with disabilities in public accommodations is prohibited. The Rehabilitation Act similarly protects qualified individuals from discrimination in federally funded programs. To establish a claim under these laws, the plaintiff must show: (1) she has a recognized disability; (2) she is qualified to participate in the program; (3) she faces exclusion or discrimination solely due to her disability; and (4) the program receives federal assistance. The requirements for the ADA are analogous, necessitating proof of disability, applicability of the defendant, and denial of service or necessary modifications due to the disability.

Miss Thomas' condition is classified as a disability under the ADA and the Rehabilitation Act, as she has a serious autoimmune disorder (ITP) that substantially limits her ability to perform major life activities, including caring for herself and working. Key factors include her unpredictable and significant drops in platelet count, which have necessitated multiple hospitalizations and ongoing medical treatment. The Court, supported by Dr. Gay’s testimony, concludes that her condition poses risks during routine activities due to potential excessive bleeding and internal hemorrhaging, leading to permanent damage.

Miss Thomas' record of impairment is established by her hospitalizations and the continuous treatment required for her condition. The Court affirms that she qualifies as disabled under the law. Additionally, despite her absences from school due to medical issues, Miss Thomas has maintained an A average in her courses, demonstrating her ability to meet the academic requirements of Davidson Academy. Therefore, the Court finds that she is otherwise qualified to remain enrolled at the institution.

Davidson Academy is recognized as a public accommodation under the Americans with Disabilities Act (ADA) and is also subject to the Rehabilitation Act of 1973, having received federal funds and assured compliance with Section 504 of the Act. Miss Thomas claims her expulsion from Davidson Academy was due to her disability and argues the school failed to provide reasonable accommodations for her condition following an injury on January 7, 1994. Accommodations are defined as changes in the environment or procedures that enable individuals with disabilities to have equal opportunities.

The Court notes that neither the ADA nor the Rehabilitation Act require educational institutions to lower standards for students with disabilities. However, it acknowledges that Miss Thomas displayed behavior deemed unacceptable for a student, attributed to her extreme fear stemming from her medical condition, ITP. Testimonies indicate that her reaction was understandable given her circumstances. The Court emphasizes that Davidson Academy's rigid adherence to policy, without consideration of Miss Thomas's disability, contradicts the intentions of the ADA and the Rehabilitation Act.

The Court concludes that Miss Thomas was denied access to the school based on her disability and that a lenient response to her behavior on the day of the incident would have constituted a reasonable accommodation. Additionally, the Court finds no evidence that similar incidents will occur in the future and instructs Davidson Academy to fulfill its duty to provide reasonable accommodations without expecting cooperation from the individual if the accommodations offered are unreasonable.

Allowing Miss Thomas to remain enrolled at Davidson Academy would constitute a reasonable accommodation that would not substantially alter the school's existing standards or disrupt order. The Court determines that Miss Thomas has a strong likelihood of succeeding on the merits of her case. Evidence shows that she would suffer irreparable harm if a preliminary injunction is not granted, as she is in her final semester and has attended the school for over eleven years. The loss of the opportunity to complete her education with her peers, especially during a challenging time due to a serious medical condition, would have lasting emotional impacts that monetary damages cannot remedy.

The Court finds that prior to a January 7, 1994 incident, Miss Thomas was expected to graduate in Spring 1994, and there is no evidence she would repeat such behavior. Thus, allowing her continued enrollment would not harm the school’s ability to maintain order. The Court retains jurisdiction for any future issues unrelated to her disability and cautions Davidson Academy against retaliatory disciplinary actions. 

Furthermore, the Court highlights the public interest in preventing discrimination against individuals with disabilities, as stipulated by the ADA and the Rehabilitation Act. The rigid application of rules that unreasonably exclude qualified individuals, like Miss Thomas, underscores the importance of the injunction. Ultimately, the Court concludes that the factors considered favor granting the preliminary injunction.

The Court has granted Amy Thomas's application for a preliminary injunction. This injunction prohibits Davidson Academy from expelling her or interfering with her enrollment. It also bars the Academy and its personnel from retaliating against Miss Thomas or interfering with her rights under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. The Court has waived the security requirement typically mandated by Fed. R. Civ. P. 65(c) and will retain jurisdiction over the case for the remainder of the 1993-94 academic year. The ruling follows a consolidated trial and hearing held on February 1, 1994.