This is the first court to decide the case, so there's no lower-court ruling.
TL;DR
1A medical student sued Georgetown University after being for poor academic performance. He alleged breach of contract and disability discrimination, among other claims. The court dismissed the case, finding no enforceable contract and insufficient facts to support his claims.
Key issues
1
Was there an enforceable contract between Moree and Georgetown University?
Holding · The court held there was no enforceable contract, as university documents like the handbook clearly stated they were not contractual.
2
Did Georgetown violate the or Rehabilitation Act?
Holding · The court found no violation since the studentâs disability was not known or reported until after dismissal, and no accommodations were requested in a timely manner.
Why it matters
This case affects how universities handle dismissal disputes and informs students about the limits of contract claims against educational institutions.
If you were the judge?
Medical student sues Georgetown after dismissal. Does he have a case?
1A medical student at Georgetown struggled academically and was dismissed.
2He claims the university did not give fair treatment and failed to accommodate his disability.
3Georgetown argues no contract was breached and procedures were followed; they want the case dismissed.
Should the court dismiss the student's lawsuit against Georgetown University?
Be the first juror
Parties
Plaintiff
Moree
Defendant
Georgetown University
Roles are inferred from the case caption.
Opinion of the court
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CHRISTOPHER MOREE,
Plaintiff,
v. Civil Action No. 25-1415 (RDM)
GEORGETOWN UNIVERSITY, et al.,
Defendants.
MEMORANDUM OPINION
Plaintiff Christopher Moree, proceeding pro se, brings this action against Defendants
Georgetown University (âGeorgetownâ) and Dr. John Partridge alleging claims for breach of
contract and breach of the implied covenant of good faith and fair dealing; violations of the
Americans with Disabilities Act (âADAâ), 42 U.S.C. § 12182 et seq., Section 504 of the
Rehabilitation Act (âRehabilitation Actâ), 29 U.S.C. § 794, and the D.C. Human Rights Act
(âDCHRAâ), D.C. Code § 2-140-2.11; and intentional infliction of emotional distress. Dkt. 7 at
39â135 (Compl. ¶¶ 77â291). Pending before this Court is Defendantsâ motion to dismiss
Plaintiffâs complaint under Federal Rule of Civil Procedure 12(b)(6). Dkt. 25.
For the reasons set forth below, the Court will GRANT Defendantsâ motion to dismiss.
I. BACKGROUND
Plaintiffâs complaint, Dkt. 7, alleges the following facts, which the Court accepts as true
for purposes of the motion to dismiss, see Gordon v. U.S. Capitol Police, 778 F.3d 158, 163â64
(D.C. Cir. 2015).
Plaintiff Christopher Moree, a citizen of the Bahamas, enrolled as a student at the
Georgetown University School of Medicine in the fall of 2022. Dkt. 7 at 9, 11, 13â14 (Compl.
¶¶ 13, 24â25, 30); see Dkt. 9 at 7. During his first year, he performed poorly in multiple classes,
so he was unable to proceed to the second-year curriculum. Dkt. 7 at 15â16 (Compl. ¶ 35).
Georgetown allowed Plaintiff to repeat the first-year curriculum during the following academic
year, but it placed him on academic probation and warned him that another failure would result
in dismissal. Id. at 16, 58â59 (Compl. ¶¶ 36, 119).
In his second attempt, Plaintiff again struggled, narrowly failing to reach the mark for
satisfactory progress in both Histology and Pharmacology. Id. at 20, 22 (Compl. ¶¶ 48, 55).
Plaintiff identifies one particular assignment (the âToxicology Assignmentâ) as the tipping point
for his Pharmacology grade: a three-point written response on which Plaintiffâs professor,
Dr. Partridge, awarded Plaintiff 2.8 points. Id. at 17 (Compl. ¶¶ 39â40). If Dr. Partridge had
awarded him full credit, Plaintiff alleges, then he would have made the mark for satisfactory
progress in the Pharmacology course. Id. at 20 (Compl. ¶ 48). Plaintiff acknowledges that he
âdid not pursue the formal grade appeal process at the release of the grade.â Id. at 19 (Compl.
¶ 43).
Instead, after failing the first-year curriculum for a second time, Plaintiff faced review
before the Committee on Students, a body with the power to âdismiss students [of the Medical
School] they deem unsatisfactory.â Id. at 20 (Compl. ¶ 49); see id. at 69 (Compl. ¶ 135).
Plaintiff wrote to the Committee on Students to provide context for his performance, explain his
mental health and academic struggles, and identify ânew strategies he planned to implement in
the next academic year to ensure his performance improved.â Id. at 22â24 (Compl. ¶¶ 56â57).
The Committee on Students then gave Plaintiff one further opportunity over the summer to
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remediate his failure to progress in Histology and Pharmacology, warning him that âa failed
academic unit . . . would result in dismissal without further consideration.â Id. at 24â25 (Compl.
¶ 57).
Plaintiff received advice from Dr. Partridge while preparing for his remediation exams.
Id. at 25 (Compl. ¶ 58). Plaintiff alleges that Dr. Partridgeâs advice misled him about the nature
of the exams. See id. After attempting to follow the advice, Plaintiff failed his remediation
exam in Pharmacology. Id. The Dean of the Medical School then called Plaintiff to inform him
that he âwould be dismissedâ and to advise him that he could appeal to the Committee on
Student Appeals. Id. at 26 (Compl. ¶ 59).
At this point, Plaintiff sought a mental health evaluation and received an ADHD
diagnosis. Id. at 26â27 (Compl. ¶ 60). Plaintiff also prepared a document arguing that he should
have received full credit (instead of a 0.2-point deduction) on the allegedly pivotal Toxicology
Assignment. Id. at 27 (Compl. ¶ 61). Plaintiff shared that document with Dr. Partridge, who
âexpressed regret for the deductionâ and âconfirmed that he would update the grade if given
permission by âthe deans.ââ Id. at 28 (Compl. ¶ 64). Dr. Partridge later reversed course, stating
that there were âother deficienciesâ in Plaintiffâs original submission, which supported the grade
that he received. Id. at 28â29 (Compl. ¶ 66). Dr. Partridge also offered to write a letter to the
Committee on Student Appeals âon . . . Plaintiffâs behalf,â noting Plaintiffâs âgood progressâ and
near miss in Pharmacology. Id. at 29â30 (Compl. ¶ 67). Ultimately, however, Dr. Partridgeâs
letter was equivocal, pointing out areas where Plaintiff had struggled and expressing uncertainty
about whether Plaintiff should be reinstated. Id.
Before the Committee on Student Appeals, Plaintiff focused on three issues: (1) his
Pharmacology grade and, in particular, his grade on the Toxicology assignment, (2) âhis recent
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ADHD diagnoses,â and (3) family health circumstances that had impacted his performance. Id.
at 34, 36 (Compl. ¶¶ 73, 76). The Committee upheld Plaintiffâs dismissal. The Committee noted
that Plaintiff did not appeal his Pharmacology grade in accordance with Student Handbook
procedures, âthat accommodations cannot be granted for conditions retroactively,â and that his
family circumstances were not âsignificant enoughâ to warrant a different decision. Id. at 36
(Compl. ¶ 77). Plaintiff then appealed the Committeeâs decision to Dr. Norman Beauchamp, the
Executive Dean of the Medical School and Executive Vice President for Health Sciences, who
upheld the dismissal. Id. (Compl. ¶ 78).
Plaintiff attempted to file the present action on May 9, 2025, Dkt. 1, but did not succeed
in doing so until May 19, 2025, Dkt. 7. He asserts five claims against Georgetown University
and Dr. Partridge: breach of contract (Count I), see Dkt. 7 at 39; breach of the implied covenant
of good faith and fair dealing (Count II), see id. at 74; violation of Title III of the ADA and
Section 504 of the Rehabilitation Act (Count III), see id. at 120; violation of the DCHRA (Count
IV), see id. at 131; and intentional infliction of emotional distress (Count V), see id. at 132. On
the same day he filed suit, Plaintiff moved for a temporary restraining order, seeking an order
directing the School of Medicine to readmit him during the pendency of this case and to support
reinstatement of his student visa by confirming his academic eligibility and issuing him a Form
I-20. Dkt. 9. The Court denied that motion. Dkt. 33.
The Court now turns to Defendantsâ motion to dismiss, Dkt. 25, which is fully briefed,
Dkt. 30; Dkt. 32.
II. LEGAL STANDARD
Under the Federal Rules of Civil Procedure, a defendant may move to dismiss a
complaint for âfailure to state a claim upon which relief can be granted.â Fed. R. Civ. P.
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12(b)(6). To survive a Rule 12(b)(6) motion to dismiss, âa complaint must contain sufficient
factual matter, accepted as true, to âstate a claim to relief that is plausible on its face.ââ Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)). âFacial plausibility exists when âthe plaintiff pleads factual content that allows the court
to draw the reasonable inference that the defendant is liable for the misconduct alleged.ââ
Shanks v. Intâl Union of Bricklayers & Allied Craftworkers, 134 F.4th 585, 590 (D.C. Cir. 2025)
(quoting Iqbal, 556 U.S. at 678). To determine whether a plaintiff has stated a claim, the Court
âassume[s] the truth of all well-pleaded factual allegations and construe[s] reasonable inferences
from those allegations in [the] plaintiffâs favor.â Nurriddin v. Bolden, 818 F.3d 751, 756 (D.C.
Cir. 2016). The Court construes the pleadings of pro se litigants âliberally,â United States v.
Palmer, 296 F.3d 1135, 1143 (D.C. Cir. 2002), and holds them to âless stringent standards than
formal pleadings drafted by lawyers,â Erickson v. Pardus, 551 U.S. 89, 94 (2007). But the Court
need not assume the truth of legal conclusions asserted in a complaint, Iqbal, 556 U.S. at 678,
nor need it âaccept inferences drawn by plaintiffs if such inferences are unsupported by the facts
set outâ therein. Kowal v. MCI Commcâns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994).
III. ANALYSIS
A. Breach of Contract and Breach of the Implied Covenant of Good Faith & Fair
Dealing Claims (Count I & Count II)
To state a claim for breach of contract or breach of the implied covenant of good faith
and fair dealing, a plaintiff must allege facts that, if accepted as true, would plausibly establish
that the parties entered into an enforceable agreement. See Ponder v. Chase Home Fin., LLC,
666 F. Supp. 2d 45, 48 (D.D.C. 2009) (dismissing breach of contract claim under D.C. law where
the plaintiff failed to allege facts that would establish an enforceable contract); Mero v. City
Segway Tours of Wash., DC, LLC, 826 F. Supp. 2d 100, 107 (D.D.C. 2011) (â[T]he absence of a
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contract alone is sufficient to defeat [an] implied covenant claim.â). District of Columbia courts
apply âgeneral principles of contract constructionâ to determine whether a university policy
document constitutes an enforceable contract. Basch v. George Washington Univ., 370 A.2d
1364, 1367 (D.C. 1977). âFor a contract to be enforceable, the parties must (1) express an intent
to be bound, (2) agree to all material terms, and (3) assume mutual obligations.â Dyer v. Bilaal,
983 A.2d 349, 356 (D.C. 2009). The third requirement, mutuality of obligation, demands that
âeach party must undertake to do something the party otherwise is under no legal obligation to
do, or to refrain from doing something the party has a legal right to do.â Eastbanc, Inc. v.
Georgetown Park Assocs. II, L.P., 940 A.2d 996, 1003 (D.C. 2008) (alterations and internal
citation omitted).
Here, Plaintiff premises his contract claims on two documents: Georgetown Universityâs
Notice of Non-Discrimination, Dkt. 25-4, and the School of Medicineâs Student Handbook, Dkt.
25-3. See Dkt. 7 at 39 (Compl. ¶ 78). The Court takes judicial notice of both documents, which
are attached as exhibits to Defendantsâ Motion to Dismiss, Dkt. 25, âbecause they are referred to
in the [C]omplaint and are integral to [Plaintiffâs] [] claim[s],â Kaempe v. Myers, 367 F.3d 958,
965 (D.C. Cir. 2004). Although Plaintiff asserts that both the Notice of Non-Discrimination and
the Student Handbook âare contractual in nature,â Dkt. 7 at 39 (Compl. ¶ 78), both claims fail as
a matter of law.
The Court starts with the Notice of Non-Discrimination. The Notice of Non-
Discrimination bears none of the hallmarks of a contractual undertaking. The policy applies
broadly to all âfaculty, staff, and students,â and, as relevant here, it merely provides notice that
the University will comply with the laws forbidding discrimination on the basis of disability.
Dkt. 25-4 at 2. Rather than imposing new obligations on Georgetown, the notice acknowledges
6
and affirms obligations that already exist as a matter of federal, state, and local law.
â[P]erform[ing] a pre-existing legal obligation does not create mutuality of obligation and cannot
give rise to an enforceable contract.â Di Lella v. Univ. of D.C. David A. Clarke Sch. of L., 570 F.
Supp. 2d 1, 11 (D.D.C. 2008); see also United States v. Bridgeman, 523 F.2d 1099, 1109â1110,
(D.C. Cir. 1975) (observing that âthe performance of a pre-existing duty [is] a typical example of
invalid considerationâ).
In addition, the Notice of Non-Discrimination places no reciprocal obligations on
Plaintiff. The Notice of Non-Discrimination states that âGeorgetown University is committed to
providing equal educational . . . opportunities,â that âGeorgetown University provides
educational opportunities without regard to, and does not discriminate on the basis of . . .
disability,â and that âGeorgetown University prohibits retaliation, harassment, or other adverse
action against an individual for making a complaint in good faith, assisting in an investigation,
opposing harassment or otherwise exercising rights protected by law.â See Dkt. 25-4 at 2.
Those commitments apply to the University (and its agents) alone and do not represent the type
of quid pro quo exchange that is necessary to form a contract with a third party. Plaintiff fails to
allege that he offered anything in exchange for the promises of the Notice of Non-
Discrimination, nor does he allege that he manifested an intent to be bound by its terms. He does
not allege, for example, that he decided to attend the Medical School and paid tuition based, even
in part, on the Notice of Non-Discrimination.
The Court, accordingly, concludes that the Notice of Non-Discrimination cannot form a
basis for any of Plaintiffâs contract claims.
Next, the Court considers the Student Handbook. Georgetown neither âexpress[ed] an
intent to be boundâ nor âassume[d] mutual obligationsâ through the Handbook, so the Handbook
7
is not an enforceable contract. Dyer, 983 A.2d at 356. For one thing, the Handbook explicitly
states that it âis not a contract.â Dkt. 25-3 at 149 (emphasis added). Express language
disclaiming an intent to be bound indicates that the Handbook is non-contractual. See
Shinabargar v. Bd. of Trs. of Univ. of D.C., 164 F. Supp. 3d 1, 29 (D.D.C. 2016); Grove v.
Loomis Sayles & Co., L.P., 810 F. Supp. 2d 146, 149 (D.D.C. 2011). That is especially true
when, as here, a handbook âappears to be intended as a means for the university to communicate
its expectations regarding academic conduct to its students,â rather than an intention âto bind
itself to the handbookâs provisions.â Mosby-Nickens v. Howard Univ., 864 F. Supp. 2d 93, 99
(D.D.C. 2012); see Richter v. Cath. Univ. of Am., No. CV 18-00583, 2019 WL 481643, at *3
(D.D.C. Feb. 7, 2019). The Handbook also notes Georgetownâs right to âupdate its policies,
procedures, . . . course offerings and requirements, . . . and duration graduation or degree
requirements . . . at any time for any reason.â Dkt. 25-3 at 149 (emphasis added). Georgetownâs
unilateral discretion to change the terms of the Handbook bolsters the Courtâs conclusion that the
document is non-contractual in nature, see Willoughby v. Potomac Elec. Power Co., 100 F.3d
999, 1001â02 (D.C. Cir. 1996); Shankle v. DRG Fin. Corp., 729 F. Supp. 122, 124 (D.D.C.
1989), since mutual obligations cannot stem from the foundation of an illusory promise, see
Davis v. Joseph J. Magnolia, Inc., 640 F. Supp. 2d 38, 45 (D.D.C. 2009) (âA contract lacks
consideration when one partyâs promise is illusory, and a promise is illusory when performance
of that promise is optional.â (citing Restatement (Second) of Contracts § 77 (1981))).
Plaintiff invokes St. Peter v. Georgetown University, 707 F. Supp. 3d 17 (D.D.C. 2023),
as support for his contention that the Student Handbook constitutes an enforceable contract.
Citing St. Peter, Plaintiff argues that if he identifies âexplicit contractual term[s]â in the
Handbook, then he has met his pleading burden. Dkt. 30 at 22 (modification in original)
8
(quoting St. Peter, 707 F. Supp. 3d at 24). But Plaintiff overreads that case. The Court in St.
Peter suggested that a plaintiff âcould have pointed to an explicit contractual term, or he could at
least have pointed to school policies or Student Handbook provisions,â 707 F. Supp. 3d at 24
(emphasis added), to prop up his contract claim. But the Court ultimately determined that, âto
survive a motion to dismiss,â the plaintiff âstill ha[d] to allege sufficient facts to demonstrateâ
that the handbook was a contract, which âhe ha[d] not done.â Id. The same is true here.
Plaintiff cannot imbue the Handbook with the binding force of contract just by identifying
provisions within it that relate to his claims. Plaintiffâs premiseâthat the Handbook is a
contractâfails because the Handbook does contain language reflecting Georgetownâs intent to
âbe bound by its terms,â Mosby-Nickens, 864 F. Supp. 2d at 99, nor âreflect obligations mutually
assumed by [Georgetown] as well as its students,â Richter, 2019 WL 481643, at *3.
Even if Plaintiff could establish that the Handbook creates contractual obligations,
Plaintiffâs claim would fall short because he pleads no facts showing that Georgetown deviated
from its own policies. Plaintiff argues that the Handbook âdefines a specific trigger for
dismissalâânamely, âreceiving a failing grade on [a] transcriptââand thus, by negative
implication, forbids dismissal in any other circumstance. Dkt. 30 at 23. But the Handbook
elsewhere dispels the negative implication on which Plaintiff relies, making clear that the
Committee on Students âmay dismiss a student at any time based on demonstrated academic
deficiency at their discretion.â Dkt. 25-3 at 40 (emphasis added); see Dkt. 7 at 102 (Compl. ¶
214) (â[T]he dismissal policy grants broad discretion to the [Committee on Students] to remove a
student âat any time.ââ). It may even do so without âallow[ing] a period of remediation,â id.,
which it offered Plaintiff here. And although Plaintiff raised belated doubts about his second
Pharmacology grade based on the Toxicology Assignment, Plaintiff acknowledges that when
9
given the opportunity to remediate that class, he failed the exam. Dkt. 7 at 25-26 (Compl. ¶¶ 58â
59). Under those circumstances, Plaintiff cannot establish that Georgetown acted outside the
scope of its asserted dismissal policy. Plaintiffâs contention that any failure of a remediation
exam must result in a repeat of the academic year, Dkt. 30 at 23â24, fails for the same reason.
In sum, Plaintiff has provided the Court with no reason to recognize the Medical Schoolâs
student handbook as an enforceable contract. See Newman v. Howard Univ. Sch. of L., 715 F.
Supp. 3d 86, 103â05 (D.D.C. 2024); St. Peter, 707 F. Supp. 3d at 23â25; Richter, 2019 WL
481643, at *2â*4; Shinabargar, 164 F. Supp. 3d at 28â30; Mosby-Nickens, 864 F. Supp. 2d at
97â100. That âalone is sufficient to defeat [Plaintiffâs] implied covenant claim,â Mero, 826 F.
Supp. 2d at 107, on top of his breach claim.
Finally, to the extent Plaintiff alleges a claim against Dr. Partridge for promissory
estoppel, see Dkt. 7 at 82â85 (Compl. ¶¶ 172, 176), that claim also fails. A plaintiff bringing a
promissory estoppel claim âmust establish (1) the existence of a promise, (2) that the promise
reasonably induced reliance on it, and (3) that the promisee relied on the promise to his
detriment.â Osseiran v. Intâl Fin. Corp., 498 F. Supp. 2d 139, 147 (D.D.C. 2007), affâd, 552
F.3d 836 (D.C. Cir. 2009). âThe promise must be definite, as reliance on an indefinite promise is
not reasonable.â In re U.S. Off. Prods. Co. Sec. Litig., 251 F. Supp. 2d 77, 97 (D.D.C. 2003)
(citing Granfield v. Catholic Univ. of Am., 530 F.2d 1035, 1040) (D.C. Cir. 1976)). And
â[al]though a promise need not be as specific and definite as a contract, it must still be a promise
with definite terms on which the promisor would expect the promisee to rely.â Id. Plaintiff
never identifies a statement by Dr. Partridge sufficient to support a claim of promissory estoppel.
Plaintiff alleges that Dr. Partridge made two false statements. First, âDr. Partridge
confirmed that he would update the [Toxicology Assignment] grade if given permission by âthe
10
deans,ââ yet he never changed the grade. Dkt. 7 at 28â29 (Compl. ¶¶ 64, 66). And second,
âDr. Partridge offered to writeâ a letter on Plaintiffâs âbehalf to advocate for his dismissal
decision to be reconsidered,â id. at 29 (Compl. ¶ 66), yet Plaintiff alleges his letter was
âobjectively negative,â id. at 84 (Compl. ¶ 176).
It is far from clear that either statement constituted a promise by Dr. Partridge or that
Plaintiff relied on that promise to his detriment. But in any event, neither alleged promise was
sufficiently definite to support a promissory estoppel claim. The first statementâin which
Dr. Partridge allegedly âconfirmed that he would updateâ Plaintiffâs grade on the one, disputed
assignmentâwas expressly contingent; on Plaintiffâs own telling, Dr. Partridge said that he
would update the grade only âif given permission by âthe deans.ââ Dkt. 7 at 28 (Compl. ¶ 64).
Absent a further representation that the âthe deansâ had, in fact, given Dr. Partridge permission
to change the grade, Plaintiff could not reasonably have relied on Dr. Partridgeâs assertion.
âCourts in this district haveâ ruled for defendants âwhere the alleged promise at issue in a
promissory estoppel claim was conditioned on some other eventâ and that event has yet to occur,
because âno injustice [] result[s] from failing to enforce the conditional promise [when] its
condition ha[s] not been met.â Steele v. Fannie Mae, 134 F. Supp. 3d 191, 199 (D.D.C. 2015)
(citations omitted); see also Newman, 715 F. Supp. 3d at 105 (dismissing failure of promissory
estoppel claim as to a merit scholarship because payment of scholarship was contingent on
certain âmetrics of academic successâ that plaintiff âfailed to [meet]â). The Court thus
concludes that Plaintiff fails to state a claim based on the first statement.
The second statement that Plaintiff invokesâDr. Partridgeâs offer to write a letter of
support to the Committee on Student Appealsâfares no better. An offer of âsupportâ is an
indefinite and subjective proposal; without more, it is insufficiently precise to sustain a
11
promissory estoppel claim. See In re U.S. Off. Prods. Co. Sec. Litig., 251 F. Supp. 2d at 97
(explaining that âreliance on an indefinite promise is not reasonableâ). Indeed, Plaintiffâs
complaint demonstrates the ambiguous nature of âsupport.â Although Plaintiff characterizes the
letter that Dr. Partridge eventually sent as unhelpful and unduly equivocal on the central question
of whether Plaintiff âshould be given [another] chance,â Plaintiff also acknowledges that the
letter pointed to mitigating information, and, in particular, the âextensive [family] health
problemsâ that may have distracted Plaintiff. Dkt. 7 at 30 (Compl. ¶ 67). Plaintiffâs
dissatisfaction with Dr. Partridgeâs letter thus only underscores the Courtâs conclusion that
Dr. Partridgeâs offer was too indefinite to induce reasonable reliance.
Because the Handbook and the Notice of Non-Discrimination do not âgive rise to an
enforceable contract,â Di Lella, 570 F. Supp. 2d at 11, and because Dr. Partridgeâs purported
promises were âindefiniteâ statements, In re U.S. Off. Prods. Co. Sec. Litig., 251 F. Supp. 2d at
97, that could not âreasonably induce[] reliance,â Osseiran v. Intâl Fin. Corp., 498 F. Supp. 2d at
147, Plaintiff cannot sustain his claims for breach of contract, breach of the implied covenant of
good faith and fair dealing, and promissory estoppel. The Court will accordingly grant
Defendantsâ motion to dismiss Counts I and II.
B. ADA, Rehabilitation Act, and DCHRA Claims (Count III & Count IV)
Next, Plaintiff asserts a trio of claims under the ADA, Rehabilitation Act, and DCHRA.
As an initial matter, Plaintiffâs ADA and Rehabilitation Act claims fail with respect to
Dr. Partridge because neither statute creates a cause of action against an officer or employee of
the plaintiffâs employer. See Di Lella, 570 F. Supp. 2d at 8 n.8; Cooke-Seals v. District of
Columbia, 973 F. Supp. 184, 187 (D.D.C. 1997). And Plaintiff does not appear to allege a
DCHRA claim against Dr. Partridge. Dkt. 7 at 131â32 (Compl. ¶¶ 276â81). The Court will thus
restrict its analysis to Plaintiffâs disability claims against Georgetown.
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Plaintiffâs claims against Georgetown rest on two theories under the ADA, Rehabilitation
Act, and DCHRA: disability discrimination and failure to accommodate his disability. See, e.g.,
Dkt. 7 at 121 (Compl. ¶¶ 252â53). Standards under â[t]he ADA and Rehabilitation Act are
âvirtually identical,ââ Wheeler v. Am. Univ., 619 F. Supp. 3d 1, 18 (D.D.C. 2022) (quoting
Harrison v. Rubin, 174 F.3d 249, 253 (D.C. Cir. 1999)), and since âclaims under the DCHRA are
subject to the same standards as ADA claims, [] the analysis merges,â id. (citation modified). To
plead disability discrimination under these statutes, Plaintiff must allege â(1) that [he] is
qualified under the Acts; (2) that [he was] excluded from participation in or [was] denied the
benefits, services, programs, or other activities for which the defendants are responsible or that
[he] was otherwise discriminated against; and (3) [that] the exclusion, denial, or discrimination
was by reason of [his] disability.â Id. Similarly, a failure to accommodate claim requires
Plaintiff to allege â[1] that [he] was disabled for the purposes of the [Acts], [2] that
[Georgetown] had notice of [his] disability, and [3] that [Georgetown] denied [his] request for a
reasonable accommodation of [his] disability.â Chenari v. George Washington Univ., 847 F.3d
470, 746â47 (D.C. Cir. 2017).
To state a claim on either of his statutory theories, Plaintiff must allege that Georgetown
was aware of his disability at the relevant time; absent that allegation, Plaintiff cannot plausibly
allege that Georgetown either discriminated against him because of his disability or that it denied
a timely request for accommodation. See id. (failure to accommodate claims); Crandall v.
Paralyzed Veterans of Am., 146 F.3d 894, 896â97 (D.C. Cir. 1998) (disability discrimination
claims). But Plaintiffâs complaint makes clear that he cannot satisfy that threshold requirement.
Plaintiff contends that Georgetown failed to accommodate his ADHD disability and that it
dismissed him âpartially dueâ to âconditions set forth by his disability.â See Dkt. 7 at 120, 132
13
(Compl. ¶¶ 251, 280). As Plaintiff acknowledges, however, Plaintiffâs ADHD diagnosis came
only after the Committee on Students gave him one last chance to improve his performance, he
failed his remediation examination in Pharmacology, and the Dean of the Medical School called
to tell him that âhe would be dismissed due to [that] failure.â Dkt. 7 at 26â27, 121 (Compl.
¶¶ 59â60, 255). Plaintiff does not allege that anyoneâincluding himselfâknew he had ADHD
prior to that diagnosis, nor does he allege that he sought an accommodation in a timely manner,
despite numerous opportunities to do so.
Instead, Plaintiff seems to suggest that his academic struggles themselves should have put
Georgetown on notice that he had a disability. Dkt. 7 at 121 (Compl. ¶ 255); see Dkt. 30 at 12,
30. But to incur liability for disability discrimination, Georgetown would have to have âacted
with an awareness of the disability itself, and not merely an awareness of some deficiency in
[Mr. Moreeâs] performance that might be a product of an unknown disability.â Crandall, 146
F.3d at 897. Indeed, the D.C. Circuit has affirmed the dismissal of disability discrimination
claims on facts almost identical to those presented here. Ferrell v. Howard Univ., 254 F.3d 315,
315 (D.C. Cir. 2000) (unpublished) (per curiam); see also Ferrell v. Howard Univ., 1999 WL
1581759, at *1 (D.D.C. Dec. 2, 1999) (dismissing claims under the ADA and Rehabilitation Act
where plaintiff was dismissed from medical school, later received a diagnosis of ADHD, sought
readmission, and was denied). Here, moreover, the Committee on Students twice reminded
Plaintiff that, if he required an accommodation, he would need to seek and to obtain the
necessary approval before âtaking any further examinations,â Dkt. 24-3 at 3; Dkt. 24-4 at 3, yet
he failed to take any action until after he was informed that he had failed his remediation exam
and, accordingly, would be dismissed. Defendants cannot be held accountable for that inaction.
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Plaintiff argues that, âin hindsight,â it is clear that the âbehaviors and performance
deficienciesâ leading to his dismissal were âdriven by an undiagnosed disability.â Dkt. 30 at 30.
But hindsight is not the standard for any of the disability discrimination claims that Plaintiff
raises. He must allege facts showing that Defendants discriminated against him because they
saw him as disabled or that he requested an accommodation in a timely manner and that request
was unlawfully denied. âAlthough it is unfortunate that [P]laintiff's disability was not
diagnosedâ before his dismissal from the School of Medicine, âneither the Rehabilitation Act,
nor the ADA, requires a university to reconsider a decision to dismiss a studentâ after persistent
academic deficiencies âbecause the student is later diagnosed with a disability.â Ferrell, 1999
WL 1581759, at *6. Nor does the DCHRA. The Court will accordingly grant Defendantsâ
motion to dismiss Counts III and IV.
C. Intentional Infliction of Emotional Distress Claim (Count V)
Finally, Plaintiff asserts a claim for IIED. Under D.C. law, a plaintiff asserting an IIED
claim must allege facts supporting elements: â(1) extreme and outrageous conduct on the part of
the defendant which (2) intentionally or recklessly (3) causes the plaintiff severe emotional
distress.â Minch v. District of Columbia, 952 A.2d 929, 940 (D.C. 2008). âLiability requires
more than mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.â
Browning v. Clinton, 292 F.3d 235 (D.C. Cir. 2002) (citation modified). Instead, â[t]he conduct
alleged must be âso 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.ââ Jackson v. District of Columbia, 327 F. Supp. 3d 52, 70 (D.D.C. 2018) (quoting
Amobi v. D.C. Depât of Corr., 755 F.3d 980, 995 (D.C. Cir. 2014)). This is a âdemanding
standard.â Asare v. LM-DC Hotel, LLC, 62 F. Supp. 3d 30, 35 (D.D.C. 2014); see also E.M. v.
Shady Grove Reprod. Sci. Ctr. P.C., 496 F. Supp. 3d 338, 406 (D.D.C. 2020) (âThe
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outrageousness requirement âis not an easy one to meet.ââ) (citation omitted); Restatement
(Second) of Torts § 46 cmt. d (1965) (âIt has not been enough that the defendant has acted with
an intent which is tortious or even criminal, or that he has intended to inflict emotional distress,
or even that his conduct has been characterized by âmalice,â or a degree of aggravation which
would entitle the plaintiff to punitive damages for another tort.â). The Court concludes that
Plaintiff fails to plead facts sufficient to support an IIED claim.
A plaintiff bringing an IIED claim must allege that he has experienced âsevere emotional
distressââdistress âof so acute a nature that harmful physical consequences might be not
unlikely to result.â Daniels v. District of Columbia, 894 F. Supp. 2d 61, 68 (D.D.C. 2012)
(quoting Sere v. Group Hospitalization, Inc., 443 A.2d 33, 37 (D.C. 1982)). The Court does not
doubt that Plaintiff experienced grave distress due to his dismissal: Plaintiff alleges that his
dismissal took a âprofound emotional tollâ on him and has âmanifest[ed] in both physical and
psychological symptoms,â Dkt. 7 at 37â38 (Compl. ¶¶ 82â83), including âpersistent anxiety, low
affect, loss of appetite, disrupted sleep, emotional numbness, and uncharacteristic pessimism,â
id. at 135 (Compl. ¶ 290). At the motion to dismiss stage, Plaintiffâs allegations may be
sufficient to ânudge[] [his] claim[]â as to the harm element of IIED âacross the line from
conceivable to plausible.â Twombly, 550 U.S. at 547. The Court need not resolve the question,
however, because Plaintiff cannot establish the threshold requirement of an IIED claim:
âextreme and outrageous conduct.â
An IIED claim requires a plaintiff to allege conduct âbeyond all possible bounds of
decency and to be regarded as atrocious, and utterly intolerable in a civilized community.â
Jackson, 327 F. Supp. 3d at 70. Plaintiffâs characterization of his dismissal, even if accepted as
true, does come close to that level. Plaintiff alleges that Defendants expelled him âbased on
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flawed and/or biased grading,â provided Plaintiff with âmisleading adviceâ and âpurported
support,â failed to give Plaintiff a fair hearing or appeals process, minimized Plaintiffâs disability
and âfamily medical hardships,â and âmisrepresent[ed] and misappl[ied] school policies.â Dkt. 7
at 132â33 (Compl. ¶ 283). Plaintiffâs frustration at the process leading to his dismissal is
understandable. But he does not allege a level of mistreatment by Georgetown or Dr. Partridge
that flouts all bounds of decency. The Court routinely rejects IIED claims predicated on
university dismissals and grade disputes. See, e.g., North v. Catholic Univ. of Am., 310 F. Supp.
3d 89, 94â96 (D.D.C. 2018); Holloway v. Howard Univ., 206 F. Supp. 3d 446, 454 (D.D.C.
2016); Althiabat v. Howard Univ., 76 F. Supp. 3d 194, 197 (D.D.C. 2014); Richards v. Duke
Univ., 480 F. Supp. 2d 222, 228, 241 (D.D.C. 2007). Indeed, outside the university context,
courts routinely reject IIED claims in cases involving markedly more severe uses of force,
falsehoods, and institutional failures. See, e.g., Harris v. District of Columbia, 696 F. Supp. 2d
123, 137â38 (D.D.C. 2010) (concluding that the arrest of an employee at a daycare facility by
twelve officers with guns drawn and in front of children coupled with a sergeantâs falsified
affidavit did not constitute outrageous conduct); Larijani v. Georgetown Univ., 791 A.2d 41
(D.C. 2002) (concluding that a universityâs inaction in response to an employee intentionally
causing a co-worker severe physical and mental injuries did not constitute outrageous conduct);
Asare, 62 F. Supp. 3d at 36 (dismissing minority employeesâ IIED claim alleging that they were
called trash, that an offensive poster referencing âwork[ing] like a slaveâ was hung in the
workplace, and that they were fired on racial grounds); see also Rogala v. District of Columbia,
161 F.3d 44, 57â58 (D.C. Cir. 1998) (finding no âextreme and outrageous conductâ when an
officer threatened to arrest a woman repeatedly during a traffic stop, laughed at her hearing
impairment and at her when she cried, and ultimately detained her for multiple hours); Halcomb
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v. Woods, 610 F. Supp. 2d 77, 81â85 (D.D.C. 2009) (denying summary judgment on an IIED
claim alleging that officers confined plaintiff in a cell with a âman dressed as a woman,â made
vulgar sexual remarks to her, and transported her, handcuffed, in the back of a speeding vehicle
that had no seatbelt).
The Court concludes that Plaintiffâs allegations cannot âsatisfy [the] very demanding
standardâ for pleading an IIED claim under D.C. law. Lewis v. District of Columbia, 768 F.
Supp. 3d 76, 117 (D.D.C. 2025). The Court will accordingly grant Defendantsâ motion to
dismiss Count V.
CONCLUSION
For the foregoing reasons, Defendantâs motion to dismiss, Dkt. 25, is hereby
GRANTED.
A separate order will issue.
/s/ Randolph D. Moss
RANDOLPH D. MOSS
United States District Judge
Date: September 30, 2026
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