Ellis
Ellis v. San Francisco State University
Opinion
Lead Opinion
Henderson, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS
This matter is before the Court on Defendant San Francisco State University’s motion to dismiss the Complaint. After carefully considering the arguments of the parties in the papers submitted, the Court finds this matter suitable for resolution without oral argument pursuant to Civil Local Rule 7-l(b), and hereby GRANTS IN PART and DENIES IN PART Defendant’s motion, for the reasons set forth below.
BACKGROUND
For the purposes of this motion to dismiss, the Court treats the following factual allegations as true. Plaintiff Linda Ellis was hired by San Francisco State University as a professor of Museum Studies in 1987. Compl. ¶ 6. In June of 2010, Plaintiff was diagnosed with a brain "tumor, which developed from exposure to radiation from the Chernobyl disaster while she was working at an archeological dig- in Romania in 1986. Id. ¶ 12. The tumor was- removed the same month that it was discovered, in June of 2010. Id. ¶ 13.
In May of 2014, Plaintiff received a letter from Defendant’s Director of Faculty & Staff Relations Bryan Kauffman (“Kauffman”), placing her on temporary suspension pending a Fitness for…