AMY BERMAN JACKSON, United States District Judge.
This matter is before the Court on defendant Howard University's Motion to Dismiss [Dkt. 9]. For the reasons discussed below, the motion will be granted.
On August 31, 2015, plaintiff filed the instant complaint against Howard University and a number of individuals associated
According to the University, plaintiff began graduate studies in history in 2005. See Def. Howard Univ.'s Mem. of Law in Support of Mot. to Dismiss [Dkt. 9-1] ("Def.'s Mem.") at 2. Plaintiff supplied a copy of her unofficial transcript, and it reflects that she was last enrolled in the spring of 2010, when she received the grade of incomplete and earned no credit in two courses entitled "PhD Dissertation." Compl. at 19. Otherwise, she had a cumulative grade point average of 3.75. Id. But apparently, when plaintiff applied to return in 2014, she was unable to secure a professor who would serve as the faculty advisor overseeing her completion of the program. See id. at 3-4.
The complaint does not provide any information about plaintiff's departure from the University in 2010. Plaintiff posits that because she criticized and "burned a bridge" with her former advisor, Daryl Scott, at that time, he poisoned the well at the school when she applied to be readmitted in 2014 and 2015. See id. at 5. She expresses her fear that it was his personal vendetta that sank her applications. See id. at 3-5. ("Daryl Scott bad-mouthed me to the point where I would not have an advisor.... My being denied is based on my former advisor ... getting back at me for criticizing him in 2010.... It's him being spiteful towards me ....").
The University moved to dismiss the complaint on behalf of all defendants pursuant to Fed. R. Civ. P. 12(b)(6). [Dkt. 9]. For purposes of its motion, the University presumed that plaintiff is seeking relief on the grounds that the denial of her applications for readmission to the graduate program in history violated Title IX of the Education Amendment Act of 1972, 20 U.S.C. §§ 1681 et seq. ("Title IX"). Def's Mem. at 5.
Plaintiff opposes the motion with a "Response to Motion to Dismiss," [Dkt. 13] ("1
1
Addendum at 4 (emphasis in original). These submissions also include additional factual allegations.
Plaintiff notes that in 2014, the letter denying her readmission stated that the decision was "based on [her] credentials," but that "[i]n 2015, the denial letter read: `lack of progress and possible plagiarism." 1
Id. at 1-2 (emphasis in original); see also Addendum at 2 ("I was
Plaintiff maintains that the case is "personal." She states that in 2006, when she was still enrolled at the University, she began taking independent study, and moved out of the Washington, D.C. area. 1
Id. (emphasis in original); see also Addendum at 3 ("
In its Reply to plaintiff's multiple filings, the University pointed out that the individual defendants had yet to be served, and it reiterated that plaintiff, who had now admitted being involved in some sort of academic dishonesty, had not stated an actionable claim under Title IX. See Def. Howard Univ.'s Reply in Resp. to Pl.'s Documents 13, 14, 15 16 17 and in Further Support of Def.'s Mot. to Dismiss [Dkt. 18] at 2, 4-5. It also argued that none of the pleadings filed in opposition to the motion to dismiss address the common law tort claims. See id. at 3.
The University moves to dismiss plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(6) on the ground that it fails to state a claim upon which relief can be granted. See generally Def.'s Mem. at 5-10. The plaintiff has filed five responses to the University's motion [Dkt. 13-17], and has yet to articulate a viable legal claim.
A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of a complaint. Browning v. Clinton, 292 F.3d 235, 242
When considering a motion to dismiss under Rule 12(b)(6), the Court is bound to construe a complaint liberally in plaintiff's favor, and it should grant plaintiff "the benefit of all inferences that can be derived from the facts alleged." Kowal v. MCI Commc'ns Corp., 16 F.3d 1271, 1276 (D.C.Cir.1994). In ruling upon a motion to dismiss for failure to state a claim, a court may ordinarily consider only "the facts alleged in the complaint, documents attached as exhibits or incorporated by reference in the complaint, and matters about which the Court may take judicial notice." Gustave-Schmidt v. Chao, 226 F.Supp.2d 191, 196 (D.D.C.2002) (citing EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624-25 (D.C.Cir.1997)). Where the action is brought by a pro se plaintiff, a district court has an obligation "to consider his filings as a whole before dismissing a complaint," Schnitzler v. United States, 761 F.3d 33, 38 (D.C.Cir.2014) (citing Richardson v. United States, 193 F.3d 545, 548 (D.C.Cir.1999)), because such complaints are held "to less stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Nevertheless, the Court need not accept inferences drawn by plaintiff if those inferences are unsupported by facts alleged in the complaint, nor must the Court accept plaintiff's legal conclusions. See Kowal, 16 F.3d at 1276; see also Browning, 292 F.3d at 242.
None of plaintiff's pleadings asks the Court to order the University to grant her application for admission; instead, she repeatedly insists that she should be granted a Ph.D immediately. In an abundance of caution, though, the Court will, as the University did, assume that plaintiff meant to bring a claim challenging the denial of her application for readmission under Title IX.
Title IX provides that "[n]o person ... shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." 20 U.S.C. § 1681(a). "The Supreme Court [recognizes] an implied private right of action for money damages pursuant to Title IX for a plaintiff who has been the victim of discrimination on the basis of ... her sex by an educational institution that receives federal funding." Bello v. Howard Univ., 898 F.Supp.2d 213, 220 (D.D.C.2012) (citing Cannon v. Univ. of Chicago, 441 U.S. 677, 725, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979)) (emphasis added). The parties acknowledge that the University receives federal funds and that plaintiff has been denied readmission to its graduate school. See Compl. at 2, 4; Def.'s Mem. at 7. And
"The threshold issue for any Title IX claim is whether there has been discrimination based on sex." Delbert v. Duncan, 923 F.Supp.2d 256, 261 (D.D.C.2013) (citing Armour v. Bd. of Educ. of Prince George's Cnty., No. 11-2855, 2012 WL 3257653, at *4 (D.Md. Aug. 6, 2012)), aff'd, No. 13-5135, 2013 WL 6222987 (D.C.Cir. Nov. 14, 2013) (per curiam). The University argues that plaintiff fails to "plead facts which would establish that the decision to deny her admission was in any way related to her gender[.]" Def.'s Mem. at 6. The Court agrees.
It is apparent that plaintiff is female. Missing from the complaint, however, are any factual allegations to link the University's decision to deny her readmission to her gender. Rather, plaintiff attributes the University's decision to Scott's "personal vendetta against [her]," Compl. at 5, as evidenced by his refusal to act as her advisor and his influence over other faculty members such that they, too, refused to act as her advisor. See id. at 2-5.
Contrary to plaintiff's suggestions, see, e.g., 1
Like the University, see Def.'s Mem. at 8, the Court will construe the complaint liberally to include defamation and emotional distress claims. See Compl. at 4.
To state a claim of defamation under District of Columbia law, a plaintiff must allege:
Beeton v. District of Columbia, 779 A.2d 918, 923 (D.C.2001) (internal quotation marks and citations omitted). A statement is defamatory "if it tends to injure plaintiff in [her] trade, profession or community standing, or lower [her] in the estimation of the community." Howard Univ. v. Best, 484 A.2d 958, 988 (D.C.1984); see Moldea v. New York Times Co., 15 F.3d 1137, 1143 (D.C.Cir.1994) (finding "allegation that a journalist and author is `sloppy,' or that his book's portrayals of central events are incorrect or misleading" is capable of defamatory meaning in that it "would tend to injure [plaintiff] is his chosen profession, investigative journalism"). "[T]he interest protected by the law of defamation is that in reputation and it is therefore essential to liability ... that the defamation be communicated to some one other than the person defamed." Washington Annapolis Hotel Co. v. Riddle, 171 F.2d 732, 737 (D.C.Cir.1948) (citations omitted).
Plaintiff's complaint is devoid of any facts to support a defamation claim. It
The Court identifies only one potential source of a defamation claim — mention of the plaintiff's "possible plagiarism in 2010." 1
The Court concludes that the complaint fails to state a defamation claim, and the University's motion to dismiss the claim therefore will be granted.
Based on the plaintiff's demand for compensation for "pain and suffering for emotional distress," Compl. at 4, the Court treats the complaint as if it brings a tort claim for intentional infliction of emotional distress ("IIED") arising from the University's decision to deny the plaintiff readmission. A claim of intentional infliction of emotional distress must be predicated upon "(1) extreme and outrageous conduct on the part of the defendant which (2) either intentionally or recklessly (3) cause[d] the plaintiff severe emotional distress." Halcomb v. Woods, 610 F.Supp.2d 77, 80 (D.D.C.2009) (citing Larijani v. Georgetown Univ., 791 A.2d 41, 44 (D.C.2002)). "To establish the required degree of outrageousness [to sustain an IIED claim], the plaintiff must allege conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Kerrigan v. Britches of Georgetowne, 705 A.2d 624, 628 (D.C.1997) (internal citations and quotation marks omitted). This "very demanding standard" is "only infrequently met." Dale v. Thomason, 962 F.Supp. 181, 184 (D.D.C.1997). "[M]ere insults, indignities, threats, annoyances, petty oppressions, or other trivialities" cannot support an IIED claim. Halcomb, 610 F.Supp.2d at 80 (quoting Restatement (Second) of Torts § 46 cmt. d (1965)).
It cannot be said that the University's decision to deny plaintiff's readmission, based either on plaintiff's credentials, see Compl. at 2, or her "lack of progress and possible plagiarism," 1
The Court concludes that the complaint fails to state an IIED claim, and the University's
Plaintiff's complaint fails to state Title IX, defamation or IIED claims and, therefore, the University's motion to dismiss will be granted. An Order is issued separately.
Compl. at 5.
Id. at 3-4 (emphasis in original).