PER CURIAM:
Gerald Jeandron filed an action against the Board of Regents of the University System of Maryland; the University of Maryland at College Park (UMCP); University of Maryland President Loh in his official capacity; Sally Simpson, Department of Criminology and Criminal Justice Chair, in her official and individual capacity; and Raymond Paternoster, Professor of Criminology and Criminal Justice, in his individual and official capacity. Jeandron raised four counts in his complaint: count one, violation of the Americans with Disabilities Act (ADA); count two, violation of the Rehabilitation Act; count three, breach of contract; and count four, tortious conspiracy to breach contract.
Jeandron is blind and is disabled under the ADA. Jeandron was previously accepted into the graduate studies program of the Department of Criminology and Criminal Justice Studies (CCJS). In 2007, he filed an action under the ADA and the Rehabilitation Act alleging discrimination against him by University of Maryland and other named defendants. The parties settled the lawsuit by written agreement entered on June 20, 2007. The agreement provided $250,000 to Jeandron for him to purchase and provide all accommodations to assist him in completing his program to obtain a Ph.D. The agreement also specified that Jeandron was still subject to all the rules, procedures, and practices of the University of Maryland System, including, but not limited to, time limitations for completing his degree and rules pertaining to satisfactory progress toward his degree.
After executing the settlement agreement, Jeandron continued to pursue his doctorate at UMCP. Dr. Paternoster served as Jeandron's dissertation advisor. In July 2008, Jeandron attempted to register for Fall 2008 classes but was unable to due to a "financial hold" on his account. Later, but prior to September 8, 2008, Jeandron alleges that he could not register for classes because the University had placed an "academic hold" on his account. On September 10, 2008, Dr. Denise Gottfredson, former graduate director of CCJS at UMCP, emailed Jeandron to confirm that the University had previously dismissed him from the CCJS graduate program. On September 7, 2011, Jeandron filed the subject lawsuit.
The Defendants filed a motion to dismiss or, in the alternative, for summary judgment. The Defendants alleged that Jeandron's action is barred by the three-year statute of limitations because various documents were sent to Jeandron in 2007 and early 2008 regarding his failure to progress and his termination from the program. On December 18, 2007, Dr. Gottfredson sent Jeandron a letter at his home address advising him that his progress was unsatisfactory because he had not submitted three chapters of his dissertation to his advisor. The letter also referred to a May 29, 2007 letter that advised Jeandron that he had not met the department's standards for satisfactory and timely progress for a second consecutive semester and that, if he continued to perform below the standard, he would be dismissed from the CCJS graduate program. The letter concluded that "[i]f we do not hear from you on or before Tuesday, January 8, 2008, this letter stands as notice of the department's decision to terminate your enrollment in the CCJS Ph.D. Program."
On January 8, 2008, Dr. Gottfredson sent another letter to Jeandron, by certified mail to his home address. The letter informed Jeandron that his enrollment in the program was terminated at the close of the Fall 2007 semester. Lillian Bradley confirmed receipt of the letter by signing for it on January 10, 2008.
All the Defendants moved to dismiss the complaint in its entirety based on the statute of limitations, or in the alternative for summary judgment as a matter of law. Jeandron opposed the motion and contended that he did not receive any of the letters from the University from December 2007 forward. He claims that he was first on notice that he was terminated from the program on September 8, 2008, when he received an email after the academic hold was placed on his account in July 2008.
The district court held a hearing on the motion to dismiss or, in the alternative, for summary judgment. The court heard from counsel and considered the motion and response and the materials, including Jeandron's affidavit claiming not to have received notice of termination until September 8, 2008. The district court concluded that all the claims were barred by the statute of limitations. The court relied on evidence that a letter informing Jeandron of his termination was sent by certified mail and that the return receipt was signed for by a person identified as Lillian Bradley, and that there was no requirement to send the letter by restricted delivery (unlike service of process requirements).
The court also considered the University's published requirements for obtaining a Ph.D., which were not in the record before the hearing, but which the court included as part of its ruling. The University had a continuous enrollment requirement that graduate students must register for continuing courses in the Fall and Spring, unless a waiver is given. The court found that the notices were given "in the ordinary manner" and that there is no requirement to prove actual receipt. The court went on to hold that a reasonably alert Ph.D. candidate would be on notice given the academic hold and the presumed knowledge of the continuous registration requirements. The court relied on the multiple notifications to conclude that the entire complaint was barred by the statute of limitations.
This court reviews de novo the district court's order granting a Fed. R. Civ. P. 12(b)(6) motion to dismiss.
The court reviews de novo a district court's order granting summary judgment.
The ADA and Rehabilitation Act do not provide a statute of limitations. Accordingly, courts "borrow" the most appropriate or analogous state statute of limitations and apply it to the federal cause of action.
A cause of action for discrimination cases accrues on the date that the alleged unlawful conduct occurred.
It is undisputed that, at the very least, Dr. Gottfredson's letter of January 8, 2008, was received at Jeandron's address. Further, Jeandron should have been on notice that he was terminated if he had attempted to register for Spring 2008 courses, which he was required to do under the settlement agreement and under University policies. He did not register, even though he was on notice of the University's requirement of continuous progress and registration in furtherance of a graduate student's degree. Accordingly, the district court concluded that Jeandron was on inquiry notice before the Spring 2008 semester and that a reasonable investigation undertaken at the time would have revealed his termination from the program.
On appeal, Jeandron assigns error to the district court's consideration of the continuous enrollment requirement that the court found on the University's web site. The court included the materials it considered in its order. At the hearing, the court discussed with both parties the information it found on the University's policy, although that policy itself had not previously been made part of the record by either party. A court may take judicial notice of information publicly announced on a party's web site, so long as the web site's authenticity is not in dispute and "it is capable of accurate and ready determination." Fed. R. Evid. 201(b);
Jeandron did not lodge an objection at the hearing to the court's consideration of the University policy found on the University's web site, except to say whether the University follows the policy is hearsay. Further, counsel admitted that Jeandron was aware of the requirement discussed in the materials and considered by the court. The satisfactory progress requirement is also specifically noted in the settlement agreement. There is no disagreement over the accuracy of the factual information that the district court relied upon. Granting broad deference to the district court and reviewing for an abuse of discretion, the district court did not err in consideration of the materials.
Jeandron also raises judicial bias related to the court's reliance on the continuous registration requirement. Jeandron argues that the court's consideration and reliance on the requirement led it to accuse Jeandron of being unreasonable and the court inappropriately blamed him for not receiving the termination letters. Jeandron contends that the court predetermined the outcome of the case and denied him a fair hearing. This claim is patently without merit. "[J]udicial rulings alone almost never constitute a valid basis for a bias or partiality motion."
Lastly, Jeandron argues that the court erred in ruling under either Rule 12(b)(6) or Rule 56 that he had receipt of the letters sent by the Defendants.
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.