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Tatro v. University of Minnesota
Citations: 816 N.W.2d 509; 2012 Minn. LEXIS 246; 2012 WL 2328002Docket: No. A10-1440
Court: Supreme Court of Minnesota; June 20, 2012; Minnesota; State Supreme Court
Amanda Tatro, a junior in the Mortuary Science Program at the University of Minnesota, posted what she characterized as "satirical commentary and violent fantasy" about her school experience on Facebook. After faculty members reported these posts, the Campus Committee on Student Behavior (CCSB) determined that Tatro violated the Student Conduct Code and program rules concerning access to human cadavers, resulting in sanctions that included a failing grade in an anatomy lab course. The University Provost upheld these sanctions. Tatro appealed, claiming a violation of her constitutional free speech rights. The court of appeals affirmed the disciplinary actions, concluding that the University did not infringe on her free speech rights, as the academic rules were narrowly tailored and aligned with professional conduct standards. The Mortuary Science Program's mission is to prepare students for licensure as funeral directors and morticians, involving rigorous coursework and a clinical rotation utilizing human cadavers from the University's Anatomy Bequest Program. Tatro had signed an acknowledgment of understanding program rules, which included a prohibition on blogging about lab experiences. The course syllabus specified that while respectful discussion was permitted, blogging—including posts on Facebook—was prohibited, with noncompliance potentially leading to removal from the lab and course. On December 11, 2009, Tatro's Facebook posts drew the attention of the Mortuary Science Program Director due to their concerning content, which was visible to her extensive network of 'friends' and 'friends of friends.' The four key posts included references to dissecting a cadaver, expressing aggression related to embalming therapy, a humorous yet alarming mention of a "Death List. 5," and a lament about a cadaver named 'Bernie.' Tatro explained that her references were derived from a movie and a song. Following a staff meeting on December 14, where fears for safety were expressed due to the violent implications of her posts, the Director contacted university police. Although no crime was found, Tatro was advised to avoid the Mortuary Science Department during the investigation. Tatro later attempted to publicize her situation, leading to public concern regarding her professionalism. On December 16, she was allowed to return to her coursework and take her final exams, despite the instructor's reservations about her passing the course under different circumstances. Ultimately, Tatro received a 'C' grade in the anatomy lab, but the instructor filed a formal complaint with the Office of Student Conduct and Academic Integrity (OSCAI). The instructor stated that Tatro's Facebook posts breached the anatomy lab rules and the policies of the Anatomy Bequest Program, emphasizing that the intent behind body donations is for educational purposes, not for public amusement. As a sanction, the instructor recommended an 'F' grade. On December 29, Tatro was notified of an investigation by the Office of Student Conduct and Academic Integrity (OSCAI) regarding violations of the University’s Student Conduct Code. Tatro contested the OSCAI complaint in a formal hearing before the Conduct Committee of the Student Body (CCSB), where various witnesses, including faculty and the student association president, testified about the importance of respect and professionalism in the mortuary science field, as well as their concerns regarding Tatro's posts. Tatro explained that her humor was a coping mechanism related to her personal struggles, including caring for her mother with a traumatic brain injury, and claimed her posts were intended for a limited audience of friends and family who understood her sarcasm. She acknowledged she was aware of restrictions on discussing lab details but did not believe her posts constituted a violation. Tatro clarified a specific post referencing violence was aimed at an ex-boyfriend, expressing frustration rather than intent to threaten. However, the CCSB found her responsible for threatening conduct under the Student Conduct Code, stating her actions were threatening to individuals and the academic community. Additionally, Tatro was deemed in violation of specific university regulations, including those prohibiting blogging about the anatomy lab and related program rules. The CCSB found Tatro's actions inappropriate for her profession, emphasizing that strict behavioral standards are essential from the outset of the program. To support Tatro's personal and professional development, the CCSB recommended she seek professional guidance and imposed several sanctions: changing her grade in MORT 3171 to an 'F,' requiring completion of a directed study course in clinical ethics, writing a letter to a faculty member addressing respect within the program, undergoing a psychiatric evaluation with compliance to recommendations, and placing her on probation for the remainder of her undergraduate career. Tatro appealed to the Provost’s Appeal Committee (PAC), which upheld the CCSB's decision. Provost E. Thomas Sullivan then affirmed this decision. Tatro subsequently appealed to the court of appeals, challenging the university's disciplinary actions. The court affirmed the sanctions, validating the university's jurisdiction, evidence of rule violations, authority to alter Tatro's grade, and adherence to her free speech rights. Tatro's appeal for further review focused solely on whether her constitutional free speech rights were violated by disciplinary actions related to her Facebook posts, which she claimed contained satirical commentary but did not threaten anyone. Although she reserved the right to challenge the university's authority and rules, she did not raise these nonconstitutional issues in her petition. The court emphasized that only issues explicitly stated in the petition for review would be considered, thus declining to address the nonconstitutional matters not properly raised. Tatro contests sanctions imposed by the University, claiming a violation of her free speech rights under the U.S. and Minnesota Constitutions due to disciplinary action for her satirical Facebook posts. The Minnesota free speech protections align with the First Amendment, necessitating reliance on federal law for interpretation. Courts review these constitutional issues de novo, with the U.S. Supreme Court asserting that public universities must adhere to constitutional limits, without judicial deference, while also respecting the educational discretion of school administrators regarding pedagogical matters. The legal analysis must first establish applicable standards for Tatro's violations, distinguishing between breaches of academic program rules and 'threatening conduct' rules. Tatro contends that the University infringed upon her free speech by penalizing her posts, which she characterizes as unrelated to her professional education activities. The University, however, defends its actions as enforcing reasonable academic program rules aimed at legitimate educational objectives. Tatro was subject to specific rules as a prerequisite for accessing human cadavers, including adherence to the Mortuary Science Student Code of Professional Conduct and anatomy lab protocols. By signing the Anatomy Bequest Program Human Anatomy Access Orientation Disclosure Form, she acknowledged the privilege and responsibility of handling human remains respectfully. The anatomy lab rules explicitly require respectful and discreet communication about cadaver dissection outside the laboratory, prohibiting blogging on the subject. The Provost's decision emphasizes that all communications regarding lab matters must maintain seriousness and professionalism. The University claims that its academic program rules are designed to educate students about the professional and ethical responsibilities in the funeral service field and to support the Anatomy Bequest Program. The American Board of Funeral Service Education (ABFSE) supports the University's enforcement of these rules as consistent with its accreditation standards. The CCSB determined that Amanda Beth Tatro's Facebook posts breached the Mortuary Science Program's academic rules, citing her comments about dissection and embalmment as disrespectful. The Provost upheld this finding and the imposed sanctions, emphasizing the requirement to treat donors with respect and dignity, which was communicated during orientation. The court of appeals agreed, affirming that Tatro's posts violated these standards. The legal implications of this case are noted as being previously unaddressed in published court decisions regarding a university's disciplinary actions based on a student's social media expressions. The constitutional standard applicable to such situations remains unsettled. The court of appeals referenced Tinker v. Des Moines Independent Community School District, which allows schools to limit student expression if it poses a substantial disruption. Tatro argues that university students have the same free speech rights as the general public regarding social media, while the University contends it can enforce rules that serve legitimate educational purposes, even for off-campus behavior, as supported by Hazelwood School District v. Kuhlmeier. Neither the standards proposed by the parties nor the one used by the court of appeals are suitable for evaluating a university student's Facebook posts when disciplinary actions have been taken for breaching academic rules. The University’s proposed Hazelwood standard, which pertains to 'school-sponsored' speech, is inapplicable here since Tatro’s posts would not reasonably be perceived as bearing the University’s imprimatur. The Hazelwood standard allows schools broad authority to regulate offensive online behavior under the guise of 'legitimate pedagogical concerns,' which has been expansively interpreted, especially in high schools, to include values such as discipline and respect for authority. This broad interpretation, if applied to university settings, could unduly restrict student expression. Additionally, while the Tinker substantial disruption standard is frequently utilized to assess online student speech, it is distinct from Hazelwood's framework. Courts have suggested that Tinker may apply when off-campus speech leads to substantial disruption within the school environment, as seen in various cases. For instance, the Second Circuit and the Pennsylvania Supreme Court have upheld disciplinary actions against students for online expressions that foreseeably disrupt school operations or impact instruction negatively. The conclusion is that the legitimate pedagogical concerns standard should not be extended to university disciplinary actions regarding a student's social media posts. Courts have generally refrained from allowing schools to regulate out-of-school speech unless it poses a substantial disruption to school activities. In the context of Tatro's Facebook posts, the Tinker substantial disruption standard is deemed inapplicable since the University’s disciplinary actions were based on violations of program rules requiring respect, discretion, and confidentiality related to human cadaver work, rather than any substantial disruption caused by the posts. The determination of the appropriate legal standard for regulating Tatro's speech must consider the unique characteristics of the academic environment, particularly given the professional nature of the Mortuary Science Program, which trains future funeral directors and morticians and emphasizes ethical standards. The University argues it has the right to establish and enforce reasonable standards related to professional norms, supported by case law indicating that certain professional programs can impose compliance with ethical obligations as a valid curricular requirement. Cases such as Ward v. Polite highlight that students in professional programs may not have a constitutional right to refuse compliance with ethical standards they voluntarily accepted. However, universities must avoid using ethical codes as a pretext for punishing students for protected speech, as demonstrated in the Ward case, where the court indicated a potential motive to punish based on the student's faith-based speech rather than actual ethical violations. Tatro acknowledges that while university students' free speech rights may parallel those of the general public, the University can constitutionally regulate off-campus conduct that breaches specific professional obligations. She recognizes limitations on her Facebook postings regarding her work with human cadavers, citing an incident at a New York medical school where a student's inappropriate posting triggered state health officials to consider sanctions against the institution. While Tatro concedes that a narrow rule could prevent mortuary science students from identifying human donors on social media, she contests a broad rule that would restrict students from critiquing faculty or making unrelated offensive statements. The legal standard established allows universities to regulate Facebook speech violating professional conduct standards, provided such restrictions are narrowly tailored and directly related to those standards. This approach limits regulations to professional programs governed by established conduct norms, diminishing the likelihood of overbroad restrictions that intrude into students' personal lives. The document further assesses whether the Mortuary Science Program's rules, as applied to Tatro, meet the criteria of being narrowly tailored and related to established professional conduct. Tatro argues that the University is enforcing unwritten social norms instead of specific standards governing professional behavior. She claims the only applicable standard involves the disclosure of personally identifiable information about a decedent, and because her posts did not disclose such information, she contends the University infringed upon her free speech rights by sanctioning her for expressing her emotions on her Facebook page. The Minnesota statute cited by Tatro identifies unprofessional conduct for mortuary professionals as including a failure to treat deceased bodies and their families with dignity and respect. This establishes a professional conduct standard relevant to the case. The University charged Tatro with violating its academic program rules, which mandate respectful treatment of human cadavers and prohibit disrespectful language and blogging about cadaver dissection. Courts recognize a university's authority to define academic standards and defer to its expertise in this area, even amidst First Amendment considerations. The academic rules align with the statutory standard of dignity and respect for the deceased. These rules specifically address conduct related to cadaver dissection rather than general social media behavior. The University’s restrictions on speech are deemed narrowly tailored to ensure respectful treatment of cadavers, allowing for respectful conversation while prohibiting blogging about dissection or anatomy lab activities, consistent with established legal standards regarding the regulation of speech. The University sanctioned Tatro not for a private conversation, but for Facebook posts that were publicly accessible and shared with the media. The sanctions were based on specific rules regarding the respectful treatment of human cadavers, which Tatro violated by making inappropriate comments and jokes about the cadaver she was dissecting. The court upheld the University’s decision, noting that Tatro’s posts contradicted the requirement of respect and dignity for cadaver donors. Despite Tatro's assertion that her posts were satirical and unrelated to coursework, the widespread reach of her comments harmed the professional standards expected in the Mortuary Science Program. The University emphasized the importance of maintaining trust with body donors, as breaches could affect not only the Mortuary Science Program but also other programs relying on cadaver donations. Tatro was permitted to continue in the program but received a failing grade in one course. The court highlighted that First Amendment rights do not protect unprofessional conduct without academic consequences. The University’s discipline of Tatro for her Facebook posts, which breached academic program rules regarding the treatment of human cadavers, is affirmed. The decision considers the context of a professional program that adheres to strict conduct standards and requires sensitivity in handling human remains. Tatro's actions were deemed inappropriate for her profession, leading to measured disciplinary action that was not arbitrary and did not infringe on her free speech rights. Although Tatro contends that her posts do not constitute a "true threat," the University maintains it can discipline for threatening speech that disrupts the Mortuary Science Program. The court emphasizes that the sanctions were based on the totality of Tatro's posts rather than treating her threatening speech as a distinct violation. While the requirement for a psychiatric evaluation may relate to her threatening comments, it was primarily aimed at aiding her personal and professional growth. The court of appeals found some of the University's rule violation findings to lack evidence, particularly regarding the handling of cadavers, but upheld other determinations, concluding that the imposed sanctions were not arbitrary or unreasonable. In Layshock v. Hermitage Sch. Dist., the Third Circuit ruled that a high school could not discipline a student for creating a parody MySpace profile of the principal outside of school, even if it was accessed within the school. The court noted that the distinction between on-campus and off-campus speech is complex due to the pervasive nature of the internet. In analyzing related cases, the court acknowledged a split regarding the applicability of free speech standards between K-12 and university settings. Public universities have more limited authority to regulate student speech compared to K-12 institutions due to differing educational objectives and the developmental maturity of students. Additionally, while the Sixth Circuit recognized that maturity levels can influence legal standards, the Ninth Circuit suggested that the need for academic discipline increases as students progress in their education. In the case of Tatro, the court emphasized that her agreement to follow specific program rules, construed as a contract, does not serve as a basis for limiting her free speech rights. Tatro's argument against the imposition of speech restrictions as a condition for course participation was upheld, reinforcing that universities cannot require students to agree to unconstitutional speech limitations. Tatro did not contest the state's authority to impose professional conduct standards for mortuary science, and the court determined that the constitutionality of these standards was not in question, as state regulations must balance First Amendment rights with legitimate state interests.