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Guidry v. Our Lady of the Lake Nurse Anesthesia Program

Court of Appeals of Louisiana, First Circuit

January 29, 2015

SHEILA GUIDRY
v.
OUR LADY OF THE LAKE NURSE ANESTHESIA PROGRAM THROUGH OUR LADY OF THE LAKE COLLEGE & YVONNE BAHLINGER IN HER OFFICIAL CAPACITY AS CLINICAL DIRECTOR, ASSISTANT PROGRAM DIRECTOR

Page 210

Appealed from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana. Suit Number C601515. Honorable R. Michael Caldwell, Presiding.

Blake S. Leger, Donna U. Grodner, Baton Rouge, LA, Counsel for Plaintiff/Appellant, Sheila Guidry.

Melissa M. Shirley, Thomas R. Temple, Jennifer Dyess Sims, Douglas K. Williams, Baton Rouge, LA, Counsel for Defendants/Appellees Our Lady of the Lake Nurse Anesthesia Program through Our Lady of the Lake College & Yvonne Bahlinger in her Official Capacity as Clinical Director, Assistant Program Director.

Vicki M. Crochet, Baton Rouge, LA, Counsel for Defendant/Appellee, Yvonne Bahlinger Crew.

BEFORE: GUIDRY, THERIOT, AND DRAKE, JJ.

OPINION

Page 211

[2014 0461 La.App. 1 Cir. 2] GUIDRY, J.

In this breach of contract action, plaintiff, Sheila Guidry, appeals from a judgment of the trial court, granting summary judgment in favor of defendants, Our Lady of the Lake Nurse Anesthesia Program through Our Lady of the Lake College (OLOL) and Yvonne Bahlinger, and dismissing Ms. Guidry's claims against them with prejudice. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Ms. Guidry applied for admission to OLOL's nurse anesthesia program, seeking a masters of science degree in nurse anesthesia, in November 2007 and was accepted for admission to the 2008 class. The nurse anesthesia program is a full-time program; however, in the spring of 2009, OLOL permitted Ms. Guidry to take a reduced course load, and she subsequently joined the 2009 class.

Thereafter, OLOL provided Ms. Guidry with a copy of the Nurse Anesthesia Student Handbook, and on August 21, 2009, Ms. Guidry signed a form acknowledging that she received and read the handbook.[1] This handbook set forth a description of the anesthesia program, an overview of the program, and policies for the academic and clinical programs. Particularly, with regard to termination, the handbook provides, in part:

A student will be terminated from the anesthesia program for the following reasons:
o A grade lower than a C in any course in the anesthesia program
o 2 C's in the anesthesia program
o Failure to maintain a cumulative 3.0 GPA in the anesthesia curriculum
o Failure of any clinical practicum as evidenced by the clinical evaluations and ...

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