United States District Court, D. Oregon, Medford Division
OPINION & ORDER
Aiken United States District Judge.
matter comes before the Court on Defendants' Partial
Motion to Dismiss the Fourth Amended Complaint
("FAC"), ECF No. 32. This motion is appropriate for
resolution without oral argument. Defendants' Motion is
GRANTED in part and DENIED in part. Plaintiff shall have
thirty (30) days from the date of this Order in which to file
an amended complaint.
Southern Oregon University ("SOU") is an Oregon
public university located in Ashland, Oregon. Defendant Dr.
Linda Schott ("Schott") is the president of SOU, a
position she has held since August 2016. Defendant Dr.
Charles Lane ("Lane") is a professor of
environmental science at SOU, Defendant Jody Waters
("Waters") is the SOU administrator responsible for
providing services and accommodations to students with
Mikhail Savona ("Savona") is an SOU student. Savona
suffers from dyslexia, a disorder affecting his ability to
interpret words, letters and other symbols, and from
dyscalculia, a disorder affecting his ability to calculate
numbers and perform other mathematical functions.
Savona's dyslexia and dyscalculia are considered to be
disabilities and entitle him to certain academic
accommodations, such as additional time for test-taking, or
having his exams administered orally, rather than in writing.
the fall term of 2015, Savona enrolled in a class called
"Business, Government, & Society, " or
BA110. Savona requested testing accommodations
for BA110, but the accommodations were not provided. Savona
received a failing grade in BA110. Savona does not allege
that he appealed his grade in BA110, or initiated any other
sort of grievance procedure related to the failure to provide
him with accommodations.
the fall term of 2016, Savona enrolled in a class called
"Environmental Science, " or ES101, taught by Lane.
Savona is required to pass ES101 in order to graduate. The
course materials for ESI01 include timed online quizzes and a
written exam. Savona requested, but did not receive,
accommodations while enrolled in ESI01. Savona received a
failing grade in ESI01. Savona appealed his failing grade and
the failure to provide accommodations through the SOU
grievance procedures. An administrative hearing was held on
March 6, 2017, and SOU subsequently denied Savona's
grievance. This action followed.
plaintiff "fail[s] to state a claim upon which relief
can be granted, " the court must dismiss the action.
Fed, R. Civ. P. 12(b)(6). In order to state a viable claim, a
plaintiff must allege "enough facts to state a claim to
relief that is plausible on its face." BellAtl.
Corp. v. Twombly, 550 U.S. 544, 570 (2007); see also
Ashcroft v. Iqbal, 556 U.S. 662, 697 (2009). This means
a complaint must contain "factual content that allows
the court to draw the reasonable inference that the defendant
is liable for the misconduct alleged." Iqbal,
556 U.S. at 678 (internal quotation marks and citation
omitted). The complaint must contain "well-pleaded
facts" which "permit the court to infer more than
the mere possibility of misconduct." Id. at
purposes of a motion to dismiss, the complaint is liberally
construed in favor of the plaintiff and its allegations taken
as true. Rosen v. Walters, 719 F.2d 1422, 1424 (9th
Cir. 1983). Bare assertions, however, that amount to nothing
more than a "formulaic recitation of the elements"
of a claim "are conclusory and not entitled to be
assumed true." Iqbal, 556 U.S. at 681.
brings claims against SOU (1) for violation of the Americans
with Disabilities Act ("ADA"), 42 U.S.C. §
12101 et seq., (2) for violation of Section 504 of
the Rehabilitation Act, 29 U.S.C. § 794; and (3) against
Schott, Lane, and Waters for violation of his due process
rights pursuant to 42 U.S.C. § 1983.
move to dismiss Savona's claims insofar as they relate to
BA110 because any ADA or Rehabilitation Act claims related to
BA110 are barred by the applicable statute of limitations.
Defendants move to dismiss Savona's claims against Lane
and Schott on the basis that Savona has failed to state a
claim as to those individual defendants.