Ben Raimer

Full title: DR. ROSANDRA DAYWALKER, Plaintiff. v. UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, ET AL. Defendants.

Court: United States District Court, Southern District of Texas

Date published: Sep 9, 2021

Facts

Dr. Rosandra Daywalker (“Daywalker”) filed this lawsuit in March 2020 against the University of Texas Medical Branch at Galveston (“UTMB”) and Dr. Ben Raimer (“Raimer”), UTMB’s President ad interim, in his official capacity. Daywalker notes that she became a medical doctor in May 2015 in her First Amended Complaint. She then entered UTMB’s five-year residency program in otolaryngology (the “Program”). Daywalker was the only black resident in the program.

Daywalker alleges that Dr. Wasyl Szermeta (“Szermeta”), the Program Director, made certain comments that revealed a racial bias toward black residents like herself. Daywalker also claims that her race and gender were central to her poor performance reviews. In November 2018, Szermeta informed Daywalker that she was being demoted for risking patient safety. Daywalker adamantly denies that she ever endangered any of her patients.

Issue

Decision

Before producing any student’s “education records, ” Defendants are required by FERPA and its accompanying regulations to notify students affected by my order and allow them to object. See 20 U.S.C. § 1232g(b)(2)(B); 34 C.F.R. § 99.31(a)(9)(i). Defendants are thus ordered to provide such notice by Wednesday, September 15, 2021. The notice shall advise students that they have until Friday, September 24, 2021, to assert any objection to the disclosure and the grounds for such objection. Defendants’ counsel shall immediately forward any objections they receive to Daywalker’s counsel and the Court. I will promptly rule on any objections. Unless an objection is granted, the defendants shall produce responsive documents and fully supplement the pertinent interrogatories by Friday, October 1, 2021. 

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