Preview
FILED
DALLAS COUNTY
10/31/2014 1:40:28 PM
GARY FITZSIMMONS
DISTRICT CLERK
NO. DC-14-11548
SABRINA DEANE WILLIAMS § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 193'd JUDICIAL DISTRICT
§
DALLAS COUNTY COMMUNITY §
COLLEGE DISTRICT; §
§
FELICITAS ALFARO, individually and §
in her official capacity as Executive Dean § OF DALLAS COUNTY, TEXAS
of Student Services and Enrollment §
Management; §
§
MELANIE LEONARD, individually and §
in her official capacity as Adjunct §
Coordinator and Clinical Instructor for El §
Centro College; §
§
JOAN BECKER; individually and in her §
official capacity as Dean of Nursing; and §
§
CHEMENE CRAWFORD; in her official §
capacity as Vice President of Student §
Services and Enrollment Management. §
§
Defendants §
PLAINTIFF'S FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Sabrina Deane Williams, hereinafter called "Plaintiff' or "Ms. Williams",
and files this First Amended Petition against Defendants Dallas County Community College
District ("DCCCD"), Felicitas Alfaro, Melanie Leonard, Joan Becker, and Chemene Crawford,
hereinafter collectively called "Defendants", and respectfully shows the Court the following:
DISCOVERY CONTROL PLAN LEVEL
I. Plaintiff intends that discovery be conducted under Discovery Level 2.
Plaintiff's First Amended Petition Page 1 of8
PARTIES AND SERVICE
2. Plaintiff, Sabrina Deane Williams, is a student at El Centro College, which is a part
of the DCCCD.
3. The last three numbers of Sabrina Deane Williams's driver's license number are
768. The last three numbers of Sabrina Deane Williams's social security number are 080.
4. Defendant Dallas County Community College District is a junior college district in
the State of Texas that operates, oversees, and administers in and around the Dallas/Fort Worth
metroplex. Service is not necessary on Defendant DCCCD as it has previously been served with
the suit and filed an answer on or around October 3, 2014.
5. Felicitas Alfaro is a previous employee of Defendant DCCCD and can be served at
8611 Forest Hills Blvd., Dallas, Texas 75218-4024, or wherever she may be found.
6. Melanie Leonard is a contract employee of Defendant DCCCD and may be served
at Texas Health Resources, 812 E. Lamar Blvd., Suite 800, Arlington, Texas 76011, or wherever
she may be found.
7. Joan Becker is an employee of Defendant DCCCD and may be served at El Centro
College-Paramount Building, 301 N. Market St., Dallas, Texas 75202, Office 715, or wherever
she may be found.
8. Chemene Crawford is an employee of Defendant DCCCD and may be served at
801 Main Street, Dallas, Texas 75202, or wherever she may be found.
JURISDICTION AND VENUE
9. The subject matter in controversy is within the jurisdictional limits of this court.
10. Plaintiff seeks:
a. declaratory relief;
Plaintiff's First Amended Petition Page 2 of8
b. monetary relief over $200,000.
II. This court has jurisdiction over the parties because Defendants are Texas residents.
12. Venue in Dallas County is proper in this cause under Section 15.002(a)(3) of the
Texas Civil Practice and Remedies Code because this county is the county of the principal office
of Dallas County Community College District, and under Section 15.002(a)(l) of the Texas Civil
Practice and Remedies Code because this is the county in which all or a substantial part of the
events or omissions giving rise to the claim occurred.
FACTUAL ALLEGATIONS
13. Plaintiff is enrolled in the El Centro College Associate Nursing Decree program
through a partnership with Texas Health Resources ("THR"). The program allows lower level
technicians, such as Plaintiff, to apply and be selected to earn their associates degree, with a
multi-year commitment to work as a nurse at THR following graduation and licensure. Plaintiff
began her course of study in August 2013 at a THR facility through the above-referenced program
administered through El Centro College (the "College") and DCCCD.
14. At the beginning of Plaintiffs enrollment in the nursing program, and again prior to
the spring 2014 semester, Plaintiff executed a written contract with DCC CD by agreeing to abide
by all Policies and Procedures of the DCC CD and its affiliate schools, as well as the THR nursing
program.
15. On or around February 18, 2014, Ms. Williams filed a grade dispute related to
concerns she had with curriculum and instruction being used in the El Centro nursing program.
Defendants failed to follow their own policies and procedures for responding to Ms. Williams'
grade dispute, and in fact, retaliated against her for filing such a complaint.
16. Around the same time, in February 2014, the College instituted a disciplinary
Plaintiff's First Amended Petition Page3 of8
proceeding against Ms. Williams related to her complaints regarding the curriculum and
instruction. Defendant's actions have constructively expelled Plaintiff from the THR nursing
program at El Centro, without adequate due process. Defendants have wholly failed to follow
their own Policies and procedures-which are designed to provide students such as Ms. Williams
with substantive and procedural due process under the Texas and United States Constitutions.
Further, the District's own Policy FMA (Local) provides that any "sanctions [occurring as the
result of a disciplinary proceeding] will not be imposed while [an] appeal is pending]. To date,
Plaintiffs appeal has not been exhausted, yet the District continues to deny her access to the
program.
17. Plaintiff refused to accept an administrative disposition in the disciplinary
proceeding instigated by Defendants and asked for a disciplinary hearing. As a result, Defendants
retaliated against her by contacting her employer to provide false information about her and by
refusing to allow her to continue her education through the THR nursing program.
18. Plaintiff has exercised her First Amendment rights and followed Defendant
DCCCD's Policies to file a grievance related to her complaints with the College. As a result,
Defendants have retaliated against her by refusing to allow her to continue her education through
the THR nursing program.
COUNT I
Breach of Contract against Defendant DCC CD
19. Plaintiff incorporates by reference the allegations set forth above as if the same
were fully set forth herein.
20. Prior to the start of each semester, Defendants require all students in the DCCCD to
sign a contract stating that they will comply with all Policies of the DCCCD and its affiliate
schools. Plaintiff and Defendants are contractually bound, there is consideration as the school is
Plaintiff's First Amended Petition Page 4 of8
exchanging educational services for currency.
21. By failing to abide by its own Policy Manual, Defendants are in breach of their
agreement with Plaintiff. Specifically, Defendants have breached their contract with Plaintiff by
failing to follow the following Policies: FLD (Local), student complaints; FLDB (Local) Course
Grade Complaints; El Centro College Student Instructional Concern/Grade Appeal Process; FLB
(Local), Student Conduct; FM (Local), Discipline and Penalties; FMA (Local), Discipline
Procedure;
22. Defendant's breach of contract described above has injured Plaintiff, causing loss
of current and future wages, educational expenses, current and future job opportunities, and
attorney's fees in an approximate amount of $300,000.
COUNT II
42 U.S.C. § 1983 Violation of Plaintiff's Procedural Due Process Right under the Fourteenth
Amendment to the United States Constitution and Article I, Section 19 of the Texas
Constitution by Defendants Felicitas Alfaro, Joan Becker, and Chemene Crawford in their
official capacities
23. Plaintiff incorporates by reference the allegations set forth above as if the same
were fully set forth herein.
24. Plaintiff, Sabrina Williams, possessed a constitutionally protected property interest
in her education, and possessed a constitutionally protected liberty interest in her reputation, by
virtue of State law.
25. Acting under color of state law, Defendants deprived Plaintiff of her right to due
process before expelling her from the THR nursing program at El Centro College.
COUNT III
Defamation by Defendants DCCCD and Felicitas Alfaro and Melonie Leonard in their
individual and official capacities
26. Plaintiff incorporates by reference the allegations set forth above as if the same
Plaintiff's First Amended Petition Page 5of8
were fully set forth herein.
27. Defendants made false statements of fact about Plaintiff orally and through e-mail
and other written communications.
28. These false statements about Plaintiff were capable of a defamatory meaning.
29. Defendant's false statements were published to numerous third parties, including
but not limited to Plaintiff's employer.
30. Defendants knew or had reason to know that the statements were false.
31. Plaintiffs reputation has been harmed by Defendant's false statements.
COUNT IV
42 U.S.C. § 1983 Retaliation against Plaintiff for exercising her Free Speech Rights under
the First Amendment ofthe United States Constitution and Article 1, Section 8 of the Texas
Constitution by All Defendants
32. Plaintiff incorporates by reference the allegations set forth above as if the same
were fully set forth herein.
33. Plaintiff engaged in constitutionally-protected speech when she filed her grade
dispute, grievance, and disciplinary hearing request.
34. Defendants retaliated against Plaintiff by contacting her employer with false
information and refusing to permit her to continue her education through the THR nursing
program at El Centro College. These retaliatory actions by Defendants have caused Plaintiff
damage.
ATTORNEY'S FEES
35. Plaintiff incorporates by reference the allegations set forth above as if the same
were fully set forth herein.
36. Defendants' wrongful conduct has compelled Plaintiff Sabrina Williams to employ
the services of Duffee + Eitzen, LLP to protect her rights in this lawsuit. Pursuant to Sections
Plaintiff's First Amended Petition Page 6of 8
37.009 and 38.001 et seq. of the Texas Civil Practice and Remedies Code, among others, Plaintiff
Sabrina Williams seeks to recover from Defendants the costs, interest, expenses, and reasonable
and necessary attorneys' fees she incurs pursuing this lawsuit, and subsequent attorneys' fees in
the event of an appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as the
Court deems equitable and just.
PLAINTIFF HEREBY DEMANDS TRIAL BY JURY
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, Sabrina Deane Williams,
respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final
hearing of the cause, judgment be entered for the Plaintiff against Defendants for damages
requested hereinabove in an amount in excess of the minimum jurisdictional limits of the Court,
together with prejudgment and postjudgment interest at the maximum rate allowed by law,
attorney's fees, costs of court, and such other and further relief to which the Plaintiff may be
entitled at law or in equity, whether pled or unpled.
Respectfully submitted,
Texas Bar o. 24073908
Email: jb der@duffee-eitzen.com
4 311 Oak Lawn Avenue, Suite 600
Dallas, Texas 75219
Tel. (214) 416-9010
Plaintiff's First Amended Petition Page 7 of8
Fax. (214) 416-9005
Attorney for Plaintiff
Sabrina Deane Williams
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on October 31, 2014
Jodi Binder
Attorney for Sabrina Deane Williams
Plaintiff's First Amended Petition Page8of8
Preview
FILED DALLAS COUNTY 10/31/2014 1:40:28 PM GARY FITZSIMMONS DISTRICT CLERK NO. DC-14-11548 SABRINA DEANE WILLIAMS § IN THE DISTRICT COURT Plaintiff, § § v. § 193'd JUDICIAL DISTRICT § DALLAS COUNTY COMMUNITY § COLLEGE DISTRICT; § § FELICITAS ALFARO, individually and § in her official capacity as Executive Dean § OF DALLAS COUNTY, TEXAS of Student Services and Enrollment § Management; § § MELANIE LEONARD, individually and § in her official capacity as Adjunct § Coordinator and Clinical Instructor for El § Centro College; § § JOAN BECKER; individually and in her § official capacity as Dean of Nursing; and § § CHEMENE CRAWFORD; in her official § capacity as Vice President of Student § Services and Enrollment Management. § § Defendants § PLAINTIFF'S FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Sabrina Deane Williams, hereinafter called "Plaintiff' or "Ms. Williams", and files this First Amended Petition against Defendants Dallas County Community College District ("DCCCD"), Felicitas Alfaro, Melanie Leonard, Joan Becker, and Chemene Crawford, hereinafter collectively called "Defendants", and respectfully shows the Court the following: DISCOVERY CONTROL PLAN LEVEL I. Plaintiff intends that discovery be conducted under Discovery Level 2. Plaintiff's First Amended Petition Page 1 of8 PARTIES AND SERVICE 2. Plaintiff, Sabrina Deane Williams, is a student at El Centro College, which is a part of the DCCCD. 3. The last three numbers of Sabrina Deane Williams's driver's license number are 768. The last three numbers of Sabrina Deane Williams's social security number are 080. 4. Defendant Dallas County Community College District is a junior college district in the State of Texas that operates, oversees, and administers in and around the Dallas/Fort Worth metroplex. Service is not necessary on Defendant DCCCD as it has previously been served with the suit and filed an answer on or around October 3, 2014. 5. Felicitas Alfaro is a previous employee of Defendant DCCCD and can be served at 8611 Forest Hills Blvd., Dallas, Texas 75218-4024, or wherever she may be found. 6. Melanie Leonard is a contract employee of Defendant DCCCD and may be served at Texas Health Resources, 812 E. Lamar Blvd., Suite 800, Arlington, Texas 76011, or wherever she may be found. 7. Joan Becker is an employee of Defendant DCCCD and may be served at El Centro College-Paramount Building, 301 N. Market St., Dallas, Texas 75202, Office 715, or wherever she may be found. 8. Chemene Crawford is an employee of Defendant DCCCD and may be served at 801 Main Street, Dallas, Texas 75202, or wherever she may be found. JURISDICTION AND VENUE 9. The subject matter in controversy is within the jurisdictional limits of this court. 10. Plaintiff seeks: a. declaratory relief; Plaintiff's First Amended Petition Page 2 of8 b. monetary relief over $200,000. II. This court has jurisdiction over the parties because Defendants are Texas residents. 12. Venue in Dallas County is proper in this cause under Section 15.002(a)(3) of the Texas Civil Practice and Remedies Code because this county is the county of the principal office of Dallas County Community College District, and under Section 15.002(a)(l) of the Texas Civil Practice and Remedies Code because this is the county in which all or a substantial part of the events or omissions giving rise to the claim occurred. FACTUAL ALLEGATIONS 13. Plaintiff is enrolled in the El Centro College Associate Nursing Decree program through a partnership with Texas Health Resources ("THR"). The program allows lower level technicians, such as Plaintiff, to apply and be selected to earn their associates degree, with a multi-year commitment to work as a nurse at THR following graduation and licensure. Plaintiff began her course of study in August 2013 at a THR facility through the above-referenced program administered through El Centro College (the "College") and DCCCD. 14. At the beginning of Plaintiffs enrollment in the nursing program, and again prior to the spring 2014 semester, Plaintiff executed a written contract with DCC CD by agreeing to abide by all Policies and Procedures of the DCC CD and its affiliate schools, as well as the THR nursing program. 15. On or around February 18, 2014, Ms. Williams filed a grade dispute related to concerns she had with curriculum and instruction being used in the El Centro nursing program. Defendants failed to follow their own policies and procedures for responding to Ms. Williams' grade dispute, and in fact, retaliated against her for filing such a complaint. 16. Around the same time, in February 2014, the College instituted a disciplinary Plaintiff's First Amended Petition Page3 of8 proceeding against Ms. Williams related to her complaints regarding the curriculum and instruction. Defendant's actions have constructively expelled Plaintiff from the THR nursing program at El Centro, without adequate due process. Defendants have wholly failed to follow their own Policies and procedures-which are designed to provide students such as Ms. Williams with substantive and procedural due process under the Texas and United States Constitutions. Further, the District's own Policy FMA (Local) provides that any "sanctions [occurring as the result of a disciplinary proceeding] will not be imposed while [an] appeal is pending]. To date, Plaintiffs appeal has not been exhausted, yet the District continues to deny her access to the program. 17. Plaintiff refused to accept an administrative disposition in the disciplinary proceeding instigated by Defendants and asked for a disciplinary hearing. As a result, Defendants retaliated against her by contacting her employer to provide false information about her and by refusing to allow her to continue her education through the THR nursing program. 18. Plaintiff has exercised her First Amendment rights and followed Defendant DCCCD's Policies to file a grievance related to her complaints with the College. As a result, Defendants have retaliated against her by refusing to allow her to continue her education through the THR nursing program. COUNT I Breach of Contract against Defendant DCC CD 19. Plaintiff incorporates by reference the allegations set forth above as if the same were fully set forth herein. 20. Prior to the start of each semester, Defendants require all students in the DCCCD to sign a contract stating that they will comply with all Policies of the DCCCD and its affiliate schools. Plaintiff and Defendants are contractually bound, there is consideration as the school is Plaintiff's First Amended Petition Page 4 of8 exchanging educational services for currency. 21. By failing to abide by its own Policy Manual, Defendants are in breach of their agreement with Plaintiff. Specifically, Defendants have breached their contract with Plaintiff by failing to follow the following Policies: FLD (Local), student complaints; FLDB (Local) Course Grade Complaints; El Centro College Student Instructional Concern/Grade Appeal Process; FLB (Local), Student Conduct; FM (Local), Discipline and Penalties; FMA (Local), Discipline Procedure; 22. Defendant's breach of contract described above has injured Plaintiff, causing loss of current and future wages, educational expenses, current and future job opportunities, and attorney's fees in an approximate amount of $300,000. COUNT II 42 U.S.C. § 1983 Violation of Plaintiff's Procedural Due Process Right under the Fourteenth Amendment to the United States Constitution and Article I, Section 19 of the Texas Constitution by Defendants Felicitas Alfaro, Joan Becker, and Chemene Crawford in their official capacities 23. Plaintiff incorporates by reference the allegations set forth above as if the same were fully set forth herein. 24. Plaintiff, Sabrina Williams, possessed a constitutionally protected property interest in her education, and possessed a constitutionally protected liberty interest in her reputation, by virtue of State law. 25. Acting under color of state law, Defendants deprived Plaintiff of her right to due process before expelling her from the THR nursing program at El Centro College. COUNT III Defamation by Defendants DCCCD and Felicitas Alfaro and Melonie Leonard in their individual and official capacities 26. Plaintiff incorporates by reference the allegations set forth above as if the same Plaintiff's First Amended Petition Page 5of8 were fully set forth herein. 27. Defendants made false statements of fact about Plaintiff orally and through e-mail and other written communications. 28. These false statements about Plaintiff were capable of a defamatory meaning. 29. Defendant's false statements were published to numerous third parties, including but not limited to Plaintiff's employer. 30. Defendants knew or had reason to know that the statements were false. 31. Plaintiffs reputation has been harmed by Defendant's false statements. COUNT IV 42 U.S.C. § 1983 Retaliation against Plaintiff for exercising her Free Speech Rights under the First Amendment ofthe United States Constitution and Article 1, Section 8 of the Texas Constitution by All Defendants 32. Plaintiff incorporates by reference the allegations set forth above as if the same were fully set forth herein. 33. Plaintiff engaged in constitutionally-protected speech when she filed her grade dispute, grievance, and disciplinary hearing request. 34. Defendants retaliated against Plaintiff by contacting her employer with false information and refusing to permit her to continue her education through the THR nursing program at El Centro College. These retaliatory actions by Defendants have caused Plaintiff damage. ATTORNEY'S FEES 35. Plaintiff incorporates by reference the allegations set forth above as if the same were fully set forth herein. 36. Defendants' wrongful conduct has compelled Plaintiff Sabrina Williams to employ the services of Duffee + Eitzen, LLP to protect her rights in this lawsuit. Pursuant to Sections Plaintiff's First Amended Petition Page 6of 8 37.009 and 38.001 et seq. of the Texas Civil Practice and Remedies Code, among others, Plaintiff Sabrina Williams seeks to recover from Defendants the costs, interest, expenses, and reasonable and necessary attorneys' fees she incurs pursuing this lawsuit, and subsequent attorneys' fees in the event of an appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable and just. PLAINTIFF HEREBY DEMANDS TRIAL BY JURY PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, Sabrina Deane Williams, respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants for damages requested hereinabove in an amount in excess of the minimum jurisdictional limits of the Court, together with prejudgment and postjudgment interest at the maximum rate allowed by law, attorney's fees, costs of court, and such other and further relief to which the Plaintiff may be entitled at law or in equity, whether pled or unpled. Respectfully submitted, Texas Bar o. 24073908 Email: jb der@duffee-eitzen.com 4 311 Oak Lawn Avenue, Suite 600 Dallas, Texas 75219 Tel. (214) 416-9010 Plaintiff's First Amended Petition Page 7 of8 Fax. (214) 416-9005 Attorney for Plaintiff Sabrina Deane Williams Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on October 31, 2014 Jodi Binder Attorney for Sabrina Deane Williams Plaintiff's First Amended Petition Page8of8