In a recent ruling, the Eleventh Circuit Court of Appeals upheld the dismissal of Shannon Waller, Jr.'s claims against the Board of Regents of the University System of Georgia. Waller, a former respiratory therapy student at Middle Georgia State University (MGS), alleged that he faced discrimination and breach of contract following a disciplinary incident during his clinical externship. This decision, made on August 10, 2026, is significant as it addresses student rights and the handling of disability-related issues in academic settings.
Shannon Waller was a student in the Respiratory Therapy Entry-Level Degree Program at MGS. His troubles began after an incident during his clinical externship at Houston Healthcare, where he was accused of endangering a patient’s health. Following this incident, a disciplinary panel found him responsible and assigned him an “F” in his clinical externship class. Waller subsequently filed a lawsuit against the Board of Regents and several university employees, claiming breach of contract and disability discrimination, among other allegations.
The case escalated to the Eleventh Circuit after the district court dismissed Waller's claims. The court ruled that the Board of Regents enjoyed sovereign immunity, which protects state entities from certain legal actions. Waller's claims were dismissed on the grounds that he failed to establish a valid written contract and did not adequately demonstrate that the university discriminated against him due to his disabilities.
The dispute centers around Waller's claims that the university breached a contract by not following its own policies during the disciplinary process. He argued that the Student Code of Conduct and the Respiratory Therapy Program Handbook constituted a written contract between him and the university. However, the district court found that Waller did not provide sufficient evidence to support this claim.
Waller’s allegations included that he was treated unfairly due to his disabilities, specifically attention deficit disorder, anxiety, and depression. He claimed that university staff were aware of his conditions and that their actions, including his dismissal from the clinical program, were discriminatory. However, the court found that Waller did not provide enough factual support to show that his disabilities were the reason for the adverse actions taken against him.
The Eleventh Circuit, led by Judge William Jordan, reviewed the case and affirmed the lower court's ruling. The court stated, "Mr. Waller has not plausibly alleged the existence of a written contract waiving sovereign immunity." The judges concluded that Waller's admission letter and the student handbook did not establish a binding agreement that would override the Board's sovereign immunity. Additionally, the court noted that Waller's claims of discrimination lacked the necessary factual basis to proceed.
This ruling has significant implications for students in similar situations, particularly those with disabilities. It reinforces the notion that universities are protected by sovereign immunity in many cases, making it challenging for students to bring claims against them. The court's decision also underscores the importance of clearly defined contracts and the necessity for students to understand their rights and the limitations of university policies.
Moving forward, this ruling may set a precedent for future cases involving student rights and disability discrimination claims against state universities. It highlights the need for students to be aware of the legal protections available to them and the importance of documenting any incidents that may lead to disciplinary actions.
As for Waller, he has the option to appeal the decision to the U.S. Supreme Court, although it is unclear if he will pursue that route. There are no related cases pending at this time, but the outcome of this case could influence similar disputes in the future.