TACOMA (LN) — U.S. District Judge David G. Estudillo denied summary judgment to the University of Washington Tacoma on Monday on a former student’s First Amendment retaliation claim, ruling that a jury could find faculty members withdrew the student work program based on personal disagreement with her views rather than defined professional standards.
Claudia Arias, a former student in the university’s Bachelor of Arts in Social Welfare program, alleged that faculty member Vern Harner initiated a Professional Standards Committee referral after Arias presented a draft zine project addressing transgender issues.
Harner emailed Arias stating her draft project was “harmful and not aligned with social work values & ethics” and reported the interaction to the school’s dean, who recommended a referral.
The university moved for summary judgment, arguing it had the right to dismiss students who failed to meet professional standards.
Estudillo ruled that the Ninth Circuit’s decision in Oyama v. University of Hawaii is controlling, establishing that universities may consider student speech in certification decisions only if those decisions are based on defined professional standards and not on officials’ personal disagreement with students’ views.
The judge found that Harner’s referral form did not identify any specific social work standards that were violated, and that the Professional Standards Committee also failed to identify which standards were breached during its meeting.
“A jury could find that Harner had a personal disagreement with Plaintiff’s views on transgender issues, that this personal disagreement was the motivation for initiating the PSC referral, that Harner’s personal disagreement tainted the PSC process, and that Defendants’ ultimate decision to withdraw Plaintiff program was based on personal disagreements with Plaintiff’s views and not on defined professional standards,” Estudillo wrote.
The court also denied summary judgment on Arias’s breach of contract claim, finding that the university’s Program Manual created a reasonable expectation that students would not face sanctions based on a professor’s personal disagreement and would be given an opportunity to resolve concerns before a referral.
However, Estudillo granted summary judgment on Arias’s tortious interference claim, ruling that the university was not an “intermeddling third party” to Arias’s internship relationship with Consejo Counseling and Referral Services.
Estudillo also granted a motion to strike several exhibits and declarations that were not previously disclosed.
Arias’s attorney did not immediately return a request for comment.
Estudillo is a George W. Bush appointee.