United States District Court, D. Columbia.
MAJED M. ALTHIABAT, Plaintiff,
HOWARD UNIVERSITY et al., Defendants
MAJED M. ALTHIABAT, Plaintiff, Pro se, Falls Church, VA.
For HOWARD UNIVERSITY, GARY L. HARRIS, GRADUATE SCHOOL OF HOWARD UNIVERSITY, Defendants, Counter Claimants: Lydia Auzoux, HOWARD UNIVERSITY, Washington, DC.
MAJED M. ALTHIABAT, Counter Defendant, Pro se, Falls Church, VA.
JOHN M. FACCIOLA, UNITED STATES MAGISTRATE JUDGE.
This matter is before the Court for all purposes. Currently pending and ready for review is defendants' Motion to Dismiss Or, in the Alternative, For Summary Judgment [#39]. For the reasons stated below, the motion will be granted and plaintiff's case will be dismissed in its entirety.
I. Factual Background
There is no genuine issue as to the following facts:
1. Plaintiff became a student in the Department of Political Sciences Ph.D. program (hereinafter " the Program" ) at Howard University (hereinafter " Howard" ) in the fall semester of 2002. [#10] ¶ 6.
2. Plaintiff was dismissed from the Program in 2005 and then readmitted in 2010. Id. ¶ 7.
3. After his readmission, plaintiff received a letter from Howard placing a limit on the time by which plaintiff had to be admitted to candidacy -- plaintiff was to complete his requirements by the fall semester of 2012. Id. ¶ 10,
4. Plaintiff failed to complete the necessary requirements to be advanced to candidacy by that time. Id. ¶ 12.
5. Plaintiff acknowledges that Howard extended this time for a full year to the fall semester of 2013. [#10] ¶ 13.
6. In light of plaintiff's lengthy matriculation, plaintiff's failure to advance to the candidacy during his 10-year attempt to complete the Program, and Howard's multiple accommodations and extensions to permit plaintiff to compete the Program, Howard sent plaintiff a letter dated April 8, 2013. [#10] ¶ 14.
7. That letter advised plaintiff that he was being dismissed from the Program as of the end of the spring semester of 2013 " due to his inability to perform satisfactorily at the graduate level." Id.
8. Less than a month later, Howard adjusted its position and sent plaintiff another letter dated May 6, 2013 (hereinafter " May ...