July 2015 - Parks & Recreation - 33

during all scheduled workouts, "
" treat each other with respect and
courtesy, " refrain from " unreasonable loud, abusive, negative or foul
language, " refrain from " anger directed at another athlete or coach, "
refrain from " physical or emotional
outbursts during scheduled workouts, " and refrain from " any kind of
harassment directed toward another
athlete or coach. "
When plaintiff commenced the
Program in 2009, and again every
quarter throughout her participation
in the Program, plaintiff acknowledged that she would abide by the
Code. Notwithstanding " minor " disruptions in the Program attributable
to plaintiff 's disability, plaintiff was
able to successfully participate in the
Program, including general compliance with the Code. After plaintiff
stopped taking her medications, she
started to experience a depressive episode and had occasional emotional
outbursts while participating in the
Program. She also developed a harmless yet obsessive affection for another participant in the Program.
On January 31, 2012, plaintiff was
informed by the UCSD director of
recreation that she was suspended
from the Program because her behavior violated " the Athletes and
Coaches Code of Conduct for the
Masters Sports Program. " The letter
provided to plaintiff stated, among
other things:
a. You regularly blurted out comments
during the workout that were inappropriate and loud.
b. You became angry at a fellow swimmer
because you felt she spoke to you in a degrading manner.
c. During the course of the workout you
would randomly complain about people in your life that were apparently
bullying you.

d. You have, on a few occasions, had crying outbursts because of some of your
own personal struggles.
On February 6, 2012, plaintiff was
expelled from the Program.

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acknowledged that she
would abide by the Code.
Rehabilitation Act Claim
In her disability discrimination
complaint, plaintiff alleged that her
conduct was " the result of a person
with manic-depressive disorder as
they were manifestations of the despair, irritability, insecurity and obsessive-compulsive behavior that are
among the classic symptoms of bipolar disorder. " In response, UCSD
claimed it had " a legitimate nondiscriminatory reason for dismissing
plaintiff from the Program " because
she violated the Code.
As described by the federal district
court, to state a claim under the Rehabilitation Act, a plaintiff must allege the following:
(1) she is an individual with a disability; (2) she is otherwise qualified
to receive the benefit; (3) she was denied the benefits of the Program solely by reason of her disability; and (4)
the Program receives federal financial
assistance.
In this particular instance, the parties agreed plaintiff is " an individual
diagnosed with a recognized disability, Bipolar Disorder Type 1, and
UCSD receives federal financial assis-

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Parks & Recreation

July 2015 - Parks & Recreation

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