Appendix Volume 7

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

_______________________________________________________
APPEAL NO. 17-11888

APPEAL NO. 17-12134
APPEAL NO. 17-12376
_________________________________________________________
NAUSHEEN ZAINULABEDDIN
PLAINTIFF-APPELLANT
v.
UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

DEFENDANT-APPELLEE
_________________________________________________________
APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA (TAMPA DIVISON)
CASE NO. 8:16-cv-00637 (Hon. James S. Moody)
____________________________________________________
PLAINTIFF APPENDIX
VOLUME VII OF XII: DOCKET 29.11 (cont.) to 37
(Pages A-1228 TO A-1436)
___________________________
APPELLANT
Nausheen Zainulabeddin
4730 South Woodlawn Ave. Apt 3D
Chicago, IL 60615
nausheenkhawaja@gmail.com
Pro Se
INDEX
VOL. Tab Date Title Page

numbers
A-
I 2 1/22/16 Complaint filed in the Circuit 1-58
Court of the 13th Judicial
Circuit in and for Hillsborough
County, Florida
I 2-1 1/22/16 Dkt. 2 Exhibit A 59-64
I 2-2 1/22/16 Dkt. 2 Exhibit B 65-167

I 2-3 1/22/16 Dkt. 2 Exhibit C 168-169
I 2-4 1/22/16 Dkt. 2 Exhibit D 170-171
I 2-5 1/22/16 Dkt. 2 Exhibit E 172-175
I 2-6 1/22/16 Dkt. 2 Exhibit F 176-178
I 2-7 1/22/16 Dkt. 2 Exhibit G 179-180
I 1 3/17/16 Defendant Notice of Removal 181-186
I 1-1 3/17/16 Dkt. 1 Exhibit B: Summons 187-190
I 1-2 3/17/16 Dkt. 1 Exhibit C: Notice of 191-193
Appearance
I 1-3 3/17/16 Dkt. 1 Exhibit D: Designation 194-196
of E-mail Addresses
I 1-4 3/17/16 Dkt. 1 Exhibit F: Civil Cover 1971-198
Sheet
I 4 3/24/16 Defendant’s Motion to Dismiss 199-209
and for more Definite
Statement and Supporting
Memorandum of Law
II 6 3/30/16 Plaintiff’s Response in 210-222
Opposition to Defendant’s
Motion to Dismiss and for
more Definite statement, with
i
Incorporated Memorandum of
Law
II 6-1 3/30/16 Dkt. 6 Exhibit A 223-228
II 9 4/06/16 Case Management and 229-231
Scheduling Order
II 10 4/13/16 Order: Denial of Dkt. 4 232-240
II 11 4/27/16 Defendant’s Answer, Defenses, 241-272
and Affirmative Defenses
II 12 09/08/16 Unopposed Motion to 273-275
Withdraw and for Substitution
of Counsel
II 14 11/09/16 Order Referring Case to 276-280
Mediation and Directing
Selection of a Mediator
II 15 11/29/16 Joint Motion for Enlargement 281-284
of the Discovery and
Dispositive Motion Deadlines
II 17 12/09/16 Notice of Mediator Selection 285-286
and Scheduling of Mediation
II 18 12/13/16 Order Appointing Mediator and 287-288
Scheduling Mediation
II 19 02/01/17 Plaintiff Partially Opposed 289-294
Motion to take Deposition of
Dr. Joanne Valeriano-Mercent
Subsequent to close of
discovery with incorporated
statement of good cause
wherefore
II 19-1 02/01/17 Dkt. 19 Exhibit A: Plaintiff’s 295-297
Notice of Taking Deposition of
Dr. Joanne Valeriano-Marcet
II 20 02/02/17 Granted Order of Dkt. 19 298-299
II 21 02/03/17 Joint Motion to Extend 300-302
Mediation Deadline
ii
II 22 02/04/17 Defendant’s Motion for 303-326
Summary of Judgement
II 23 02/04/17 Defendant’s Notice of Filing 327-328
Deposition Transcripts In
Support of Its Motion for
II & III 23-1 02/04/17 Dkt. 23 Exhibit A, Volume I: 329-448
Plaintiff’s Deposition
Transcript and Exhibits
III 23-2 02/04/17 Dkt. 23 Exhibit A, Volume II: 449-563
Plaintiff’s Deposition
Transcript and Exhibits
III & IV 23-3 02/04/17 Dkt. 23 Exhibit B Deposition 564-650
Transcript of Dr. Deborah Roth
and Exhibits
IV 23-4 02/04/17 Dkt. 23 Exhibit C: Deposition 651-737
Transcript of Dr. Ambuj Kumar
and Exhibits
IV 23-5 02/04/17 Dkt. 23 Exhibit D: Deposition 738-810
Transcript of Dr. Saundra Stock
and Exhibits
IV &V 23-6 02/04/16 Dkt. 23 Exhibit D: Additional 811-871
documents
V 25 02/09/16 Notice of Withdrawal of 872-873
Plaintiff’s Motion to Take
Deposition of Dr. Joanne
Valeriano-Mercet
V 26 02/19/17 Plaintiff’s Statement of 874-885
Disputed Material Facts
V 26-1 02/19/17 Dkt. 26 Exhibit A 886-893
V 26-2 02/19/17 Dkt. 26 Exhibit B 894-898
V 26-3 02/19/17 Dkt. 26 Exhibit C 899-907
V 27 02/19/17 Plaintiff’s Response in 908-927
iii
Motion for Summary
Judgement
V 28 02/19/17 Plaintiff’s Notice of Filing 928-929
Affidavit in Support of
Plaintiff’s Response in
Motion for Summary
Judgement
V 28-1 02/19/17 Dkt. 28 Affidavit of Plaintiff 930-956
V 28-2 02/19/17 Dkt. 28 Exhibit A, B, C, D, 957-972
V 28-3 02/19/17 Dkt. 28 Exhibit E 973-980
V 28-4 02/19/17 Dkt. 28 Exhibit F, G, H, 981-995
V 28-5 02/19/17 Dkt. 28 Exhibit I, J, K, L 996-1018
V 29 02/19/17 Plaintiff’s Notice of Filing 1019-1020
Deposition of Steven Specter in
support of Plaintiff’s Response
in Opposition to Defendant’s
Motion for Summary
Judgement
V & VI 29-1 02/19/17 Dkt. 29 Deposition of Steven 1021-1203
Specter, Ph.D
VI 29-2 02/19/17 Dkt. 29 Plaintiff’s Amended 1204-1209
Notice of Taking Deposition of
Dr. Steven Specter
VI 29-3 02/19/17 Dkt. 29 Exhibit 2 1210
VI 29-4 02/19/17 Dkt. 29 Exhibit 3 1212
VI 29-5 02/19/17 Dkt. 29 Exhibit 4 1214
VI 29-6 02/19/17 Dkt. 29 Exhibit 5 1215
VI 29-7 02/19/17 Dkt. 29 Exhibit 6 1216
VI 29-8 02/19/17 Dkt. 29 Exhibit 7 1221
VI 29-9 02/19/17 Dkt. 29 Exhibit 8 1222
VI 29-10 02/19/17 Dkt. 29 Exhibit 9 1223
VI 29-11 02/19/17 Dkt. 29 Exhibit 10 1225
iv
VI & 29-12 02/19/17 Dkt. 29 Exhibit 11 1242
VII
VII 29-13 02/19/17 Dkt. 29 Exhibit 12 1243
VII 29-14 02/19/17 Dkt. 29 Exhibit 13 1244
VII 29-15 02/19/17 Dkt. 29 Exhibit 14 1251
VII 29-16 02/19/17 Dkt. 29 Exhibit 15 1260
VII 29-17 02/19/17 Dkt. 29 Exhibit 16 1269
VII 29-18 02/19/17 Dkt. 29 Exhibit 17 1270
VII 29-19 02/19/17 Dkt. 29 Exhibit 18 1276
VII 29-20 02/19/17 Dkt. 29 Exhibit 19 1284
VII 29-21 02/19/17 Dkt. 29 Exhibit 20 1285
VII 29-22 02/19/17 Dkt. 29 Exhibit 21 1287
VII 30 02/19/17 Plaintiff’s Notice of Filing 1288
Complete Deposition
Transcript of Dr. Ambuj Kumar
in Support of Plaintiff’s
Response in Opposition to
Defendant’s Motion for
VII 30-1 02/19/17 Dkt. 30 Deposition 1290-1362
VII 30-2 02/19/17 Dkt. 30 Exhibit 1 1363
VII 30-3 02/19/17 Dkt. 30 Exhibit 2 1364-1365
VII 30-4 02/19/17 Dkt. 30 Exhibit 3 1366-1371
VII 30-5 02/19/17 Dkt. 30 Exhibit 4 1372-1377
VII 30-6 02/19/17 Dkt. 30 Exhibit 5 1378-1396
VII 30-7 02/19/17 Dkt. 30 Exhibit 6 1397
VII 30-8 02/19/17 Dkt. 30 Exhibit 7 1399
VII 30-9 02/19/17 Dkt. 30 Exhibit 8 1401
VII 30-10 02/19/17 Dkt. 30 Exhibit 9 1402
VII 30-11 02/19/17 Dkt. 30 Exhibit 10 1403
VII 30-12 02/19/17 Dkt. 30 Exhibit 11 1405
VII 30-13 02/19/17 Dkt. 30 Exhibit 12 1406
VII 30-14 02/19/17 Dkt. 30 Exhibit 13 1407
v
VII 30-15 02/19/17 Dkt. 30 Exhibit 14 1408
VII 30-16 02/19/17 Dkt. 30 Exhibit 15 1409
VII 30-17 02/19/17 Dkt. 30 Exhibit 16 1410
VII 31 02/27/17 Joint Motion to Extend 1418
Mediation Deadline
VII 33 03/01/17 Defendant’s Motion for Leave 1421
to reply to Plaintiff’s Response
to Defendant’s Motion for
Summary Judgement
VII 35 03/07/17 Unopposed Motion to 1424
Withdraw and for Substitution
of Counsel
VII 36 03/08/17 Order Granting Dkt. 35 1427
VII 37 03/15/17 Defendant’s Reply to Plaintiff’s 1428
VIII 38 03/18/17 Plaintiff’s Motion for Leave to 1437
File Surreply to Defendant’s
Reply Memorandum to
Plaintiff’s Response in
Motion for Summary
Judgement
VIII 40 03/22/17 Mediation Report 1440
VIII 41 03/24/17 Plaintiff’s Surreply to 1442
Defendant’s Reply
Memorandum to Plaintiff’s
Summary Judgement
VIII 41-1 03/24/17 Dkt. 41 Exhibit A 1447
VIII 41-2 03/24/17 Dkt. 41 Exhibit B 1451
vi
VIII 42 04/19/17 Order Granting Summary of 1455-1484
Judgement in Favor of
Defendant
VIII 43 04/20/17 Judgement in Civil Case signed 1485-1486
by Deputy Clerk
VIII 44 04/26/17 Plaintiff’s Notice of Appeal to 1487-1488
USCA 11th circuit for Dkt. 42
VIII 46 04/27/17 Transfer of Appeal to USCA 1489-1552
11th Circuit (Dkt. 44).
VIII 47 04/27/17 Application for Leave to 1553-1555
Withdraw as Counsel
VIII 48 05/01/17 Motion for Reconsideration 1556-1581
VIII 48-1 05/01/17 Dkt. 48 Exhibit 1 to Exhibit 14 1582-1641
IX 48-2 05/01/17 Dkt. 48 Exhibit 15 to 32 1642-1720
IX 48-3 05/01/17 Dkt. 48 Exhibit 33 to 43 1721-1806
IX & X 48-4 05/01/17 Dkt. 48 Exhibit 44 to 47 1807-1841
X 48-5 05/01/17 Dkt. 48 Exhibit 48 to 57 1842-1935
X 49 05/01/17 Dkt. 48 Affidavit 1936-1948
X 50 05/01/17 Motion For Recusal 1949
X 50-1 05/01/17 Dkt. 50 Exhibit A to Exhibit I 1973-2042
X 51 05/01/17 Pro Se Motion of Continuance 2043-2046
XI 54 05/03/17 Order Denying Motion for 2047-2049
Reconsideration (Dkt. 48)
XI 55 05/03/17 Defendant’s Motion to Tax 2050-2055
Costs with Verified Bill of
Costs
XI 55-1 05/03/17 Dkt. 55 Exhibit A 2056-2081
XI 56 05/03/17 Plaintiff’s Motion to Stay 2082-2097
District Court Administrative
Proceedings of
(1) Pro Se Motion of
Continuance
(2) Motion for
Reconsideration
vii
(3) Motion of Recusal,
Pending Appeal
XI 56-1 05/03/17 Plaintiff’s Responses and 2098
Objections to Defendant’s First
Set of Interrogatories to
Plaintiff. + Exhibits
XI 59 05/08/17 Directions to Clerk for Notice 2164
of Appeal dated April 26, 2017
XI 59-1 05/08/17 Dkt. 59 Exhibit A 2166
XI 60 05/10/17 Notice of Appeal for Dkt. 57; 2178
dated May 10, 2017
XI 61 05/10/17 IFP of USCA FC 2180
XI 64 05/17/17 Plaintiff Opposition to 2185
Defendant’s Bill of Costs
XI 64-1 05/17/17 Dkt. 64 Exhibit A to E 2199

XI & 64-2 05/17/17 Dkt. 64 Exhibit F 2214
XII
XII 64-3 05/17/17 Dkt. 64 Exhibit G 2300
XII 64-4 05/17/17 Dkt. 64 Exhibit H 2345
XII 64-5 05/17/17 Dkt. 64 Exhibit 2400
XII 64-6 05/17/17 Dkt. 64 Exhibit 2304
XII 66 05/19/17 Order granting Dkt. 64 in favor 2405
of Defendant
XII 67 05/22/17 Bill of Costs 2412
XII 69 05/22/17 Direction to Clerk for Notice of 2413
Appeal dated May 10, 2017
XII 70 05/22/17 Notice of Appeal to USCA FC 2429
and Petition of Review
XII 71 05/22/17 Notice of Appeal for Dkt. 66 2431
dated May 22, 2017
XII 74 05/23/17 Directions to the Clerk; 2433
Transfer Error
viii
9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court
Zainulabeddin v. University of South Florida Board of Trustees

Dashboard
Florida Middle District Court

Judge: James S Moody, Jr
Referred: Thomas G Wilson
Case #: 8:16-cv-00637
Nature of Suit 440 Civil Rights - Other Civil Rights
Cause 29:0794 Job Discrimination (Handicap)
Case Filed: Mar 17, 2016
Terminated: Apr 20, 2017
Docket Parties (2) Related Cases (4) News
Last checked: Tuesday Sep 13, 2016 5:04 AM EDT Update Parties
Defendant
Represented By
University of South Florida Board of Trustees
John F. Dickinson
Constangy, Brooks, Smith, & Prophete, LLP
jdickinson@constangy.com
John Sikes Gibbs

egibbs@constangy.com
J. Ray Poole, Jr.

rpoole@constangy.com
Plaintiff
Represented By
Stanley Robert Apps
Stanley R. Apps, P.A.
stan.apps@gmail.com
0:17-prici-11888 - Nausheen Zainulabeddin v. University of South Florida Bo 04/27/2017
https://www.pacermonitor.com/case/11005379/Zainulabeddin_v_University_of_South_Florida_Board_of_Trustees 1/15
0:17-cvpri-02083 - Zainulabeddin v. USF Board of Trustees 05/25/2017
Navigation Edit Alert
Docket last updated: 09/01/2017 11:59 PM EDT Update Now
Friday, July 28, 2017
82 appeal USCA Mandate Fri 12:08 PM

MANDATE of USCA for the Federal Circuit terminating appeal as to70 Notice of appeal filed by Nausheen
Zainulabeddin Issued as Mandate: 7/27/17 USCA number: 17-2083 ML. (JNB)
81 appeal USCA order Fri 12:07 PM

ORDER of USCA for the Federal Circuit:. The motion to acknowledge Ms. Zainulabeddin's filing as timely31 is
granted. The petition for panel rehearing30 is denied. All other pending motions28 3233 are denied as moot.
No further motions will be docketed or considered as to70 Notice of appeal filed by Nausheen Zainulabeddin.
EOD: 7/27/17; USCA number: 17-2083 ML. (JNB)
Tuesday, June 20, 2017
80 3 pgs appeal USCA order Tue 11:57 AM
ORDER of USCA filed terminating appeal; denying as moot motion to allow efiling19 filed by Appellant
Nausheen Zainulabeddin; denying as moot motion for other relief15 filed by Appellant Nausheen
Zainulabeddin, denying as moot motion for other relief11 filed by Appellant Nausheen Zainulabeddin; denying
as moot motion to correct document14 filed by Appellant Nausheen Zainulabeddin; denying as moot motion
for leave to proceed in forma pauperis7 filed by Appellant Nausheen Zainulabeddin; denying as moot motion
to correct or supplement record on appeal4 filed by Appellant Nausheen Zainulabeddin. Each side shall bear
its own costs as to70 Notice of appeal filed by Nausheen Zainulabeddin. EOD: 6/20/17; USCA number: 17-
2083 ML. (JNB)
Thursday, June 08, 2017

79 appeal Designation of Record on Appeal Fri 2:55 PM
DESIGNATION of Record on Appeal (Directions to the Clerk) by Nausheen Zainulabeddin re71 Notice of
appeal.(AG)
Att: 1 Mailing Envelope
Monday, June 05, 2017
78 4 pgs notice Notice (Other) Tue 3:49 PM
NOTICE to the clerk of corrections needed of docketing errors - May 10, 2017 thru Mary 31, 2017 by
Nausheen Zainulabeddin.(AG)
Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Mailing Envelope
77 2 pgs order Order on motion to supplement Mon 9:12 AM
ORDER denying 63 Plaintiff's Motion to Supplement the Record on Appeal. Signed by Judge James S.
Moody, Jr. on 6/5/2017. (LN)
Wednesday, May 31, 2017

appeal Transmittal to USCA Wed 8:43 AM
TRANSMITTAL to USCA forwarding Order granting appeal in forma pauperis re71 Notice of appeal,60 Notice
of appeal USCA number: 17-11888 G and 17-12134 C. (BSN)
Tuesday, May 30, 2017

76 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Tue 5:37 PM
ORDER granting 72 Motion for leave to appeal in forma pauperis/affidavit of indigency. Signed by Magistrate
Judge Thomas G. Wilson on 5/30/2017. (Wilson, Thomas)
75 5 pgs respm Response in Opposition to Motion Tue 5:01 PM
RESPONSE in Opposition re63 MOTION to supplement Record on Appeal and support for Motion and
Declaration for leave to proceed In Forma Pauperis (issues on appeal, Dkt. 61) to Magistrate Judge filed by
University of South Florida Board of Trustees. (Mans, Lori)
appeal Transmittal to USCA Tue 10:21 AM

TRANSMITTAL to USCA forwarding Order granting In Forma Pauperis re60 Notice of appeal USCA number:
17-12134 C. (BSN)

73 56 pgs appeal Transmittal of initial appeal package Wed 3:18 PM
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet,
order/judgment being appealed, and motion, if applicable to USCA re70 Notice of appeal,71 Notice of appeal.
(KMM)
appeal Transmittal to USCA Wed 2:47 PM

TRANSMITTAL to USCA forwarding Order granting appeal in forma pauperis re44 Notice of appeal USCA
number: 17-11888 G. (BSN)
74 4 pgs notice Notice (Other) Wed 3:23 PM
DIRECTIONS TO THE CLERK by Nausheen Zainulabeddin. (BSN)
68 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Tue 6:02 PM
Monday, May 22, 2017

72 motion Appeal in forma pauperis/affidavit of indigency Wed 3:10 PM
MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin. (KMM)
71 2 pgs appeal Notice of appeal Wed 3:09 PM
NOTICE OF APPEAL to USCA as to66 Order on Motion for Taxation of Costs by Nausheen Zainulabeddin.
Filing fee not paid. (KMM)
70 2 pgs appeal Notice of appeal Wed 3:07 PM
NOTICE OF APPEAL to Federal Circuit as to42 Order on motion for summary judgment,54 Order on Motion for
ReconsiderationOrder on motion for recusal by Nausheen Zainulabeddin. Filing fee not paid.(KMM)
Att: 1 2 pgs Petition for Review
69 16 pgs notice Notice (Other) Wed 3:03 PM
Directions to the Clerk, by Nausheen Zainulabeddin (KMM)
67 1 pgs misc Bill of costs Mon 8:30 AM
BILL OF COSTS taxed against Plaintiff in the amount of $5,382.15. Signed by Deputy Clerk. (AD)
Friday, May 19, 2017

66 7 pgs order Order on Motion for Taxation of Costs Fri 10:56 AM
ORDER: Defendant's Motion to Tax Costs 55 is granted in part and denied in part as explained herein.
Defendant is entitled to $5,382.15 in costs. The Clerk of Court is directed to enter a Bill of Costs in the amount
of $5,382.15 in favor of Defendant and against Plaintiff. Signed by Judge James S. Moody, Jr. on 5/19/2017.
(LN)

65 misc Certificate of interested persons and corporate disclosure statement Thu 10:05 AM
CERTIFICATE of interested persons and corporate disclosure statement re3 Related case order and track 2
notice by Nausheen Zainulabeddin. (BSN)
64 14 pgs respm Response in Opposition to Motion Thu 10:03 AM
RESPONSE in Opposition re55 MOTION for Taxation of Costs with Verified Bill of Costs and Supporting
Memorandum of Law filed by Nausheen Zainulabeddin.(BSN)
Att: 1 19 pgs Exhibit A-E,
Att: 2 99 pgs Exhibit F,
Att: 3 45 pgs Exhibit G,
Att: 4 55 pgs Exhibit H,

Att: 5 3 pgs Exhibit,

Att: 7 2 pgs Exhibit
63 19 pgs motion Supplement Tue 3:55 PM
MOTION to supplement Record on Appeal and support for Motion and Declaration for leave to proceed In
Forma Pauperis (issues on appeal, Dkt. 61) to Magistrate Judge by Nausheen Zainulabeddin.(BSN)
Att: 1 38 pgs Exhibit A,

Att: 2 101 pgs Exhibit 1,




Att: 13 139 pgs Exhibit 12

62 15 pgs appeal Transmittal of initial appeal package Thu 10:52 AM
order/judgment being appealed, and motion, if applicable to USCA re60 Notice of appeal. (BSN)
61 5 pgs motion Appeal in forma pauperis/affidavit of indigency Thu 10:44 AM
MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin.(BSN)

Motions referred to Magistrate Judge Thomas G. Wilson.
60 2 pgs appeal Notice of appeal Thu 10:43 AM
NOTICE OF APPEAL as to 57 Order on motion to stay,54 Order on Motion for Reconsideration Order on
motion for recusal by Nausheen Zainulabeddin. Filing fee not paid. (BSN)
59 2 pgs appeal Designation of Record on Appeal Tue 4:58 PM
DESIGNATION (Directions to the Clerk) of Record on Appeal by Nausheen Zainulabeddin re44 Notice of
appeal(AG)
Att: 1 12 pgs Exhibit A
Friday, May 05, 2017

appeal Transmittal to USCA Fri 8:11 AM
TRANSMITTAL to USCA forwarding ORDER granting Motion for leave to appeal in forma pauperis/affidavit of
indigency re44 Notice of appeal USCA number: 17-11888 G. (KMM)
Thursday, May 04, 2017

58 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Thu 4:21 PM
57 order Order on motion to stay Thu 1:57 PM

ENDORSED ORDER denying as moot 56 motion to stay. Signed by Judge James S. Moody, Jr. on 5/4/2017.
(LN)
56 16 pgs motion Stay Thu 10:57 AM
MOTION to stay documents re48 ,49 ,50 and51 pending appeal by Nausheen Zainulabeddin.(BSN)
55 6 pgs motion Taxation of Costs Wed 5:26 PM
MOTION for Taxation of Costs with Verified Bill of Costs and Supporting Memorandum of Law by University of
South Florida Board of Trustees.(Mans, Lori) Motions referred to Magistrate Judge Thomas G. Wilson.
Att: 1 26 pgs Exhibit Motion to Tax Costs Exhibit A
54 3 pgs order Order on Motion for Reconsideration Order on motion for recusal Wed 1:04 PM
ORDER denying 48 Motion for Reconsideration; denying 50 Motion for Recusal. Signed by Judge James S.
Moody, Jr. on 5/3/2017. (LN)
53 order Order on Motion to Continue Wed 11:18 AM

ENDORSED ORDER denying 51 Motion to Continue. Signed by Judge James S. Moody, Jr. on 5/3/2017. (LN)
52 order Order on Motion to Withdraw as Attorney Wed 11:17 AM

ENDORSED ORDER granting 47 Motion to Withdraw as Attorney. Attorney Stanley Robert Apps terminated.
Pro se Plaintiff's address of record is 4409 W. Varn Avenue, Tampa, FL 33616. Signed by Judge James S.
Moody, Jr on 5/3/2017. (LN)
51 4 pgs motion Continue Wed 10:49 AM
MOTION to Continue by Nausheen Zainulabeddin. (BSN)
50 23 pgs motion Recusal Tue 12:48 PM
MOTION for Recusal by Nausheen Zainulabeddin.(BSN)
Att: 1 70 pgs Exhibit A-F
49 13 pgs misc Affidavit Tue 12:47 PM
AFFIDAVIT of Nausheen Zainulabeddin re:48 MOTION for Reconsideration re43 Judgment by Nausheen
Zainulabeddin. (BSN)
48 26 pgs motion Reconsideration Tue 12:46 PM
MOTION for Reconsideration re43 Judgment by Nausheen Zainulabeddin.(BSN)
Att: 1 60 pgs Exhibit 1-14,

Att: 4 129 pgs Exhibit 44-57
Thursday, April 27, 2017
47 3 pgs motion Withdraw as Attorney Thu 7:58 PM
MOTION for Stanley R. Apps to withdraw as attorney for the Plaintiff, Nausheen Zainulabeddin, based upon
her election to proceed pro se by Stanley Robert Apps. (Apps, Stanley) Motions referred to Magistrate Judge
Thomas G. Wilson.
46 64 pgs appeal Transmittal of initial appeal package Thu 9:41 AM
order/judgment being appealed, and motion, if applicable to USCA re44 Notice of appeal. (BSN)
Wednesday, April 26, 2017
45 5 pgs motion Appeal in forma pauperis/affidavit of indigency Thu 9:14 AM

MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin.(BSN)
Motions referred to Magistrate Judge Thomas G. Wilson.
44 2 pgs appeal Notice of appeal Thu 9:13 AM
NOTICE OF APPEAL as to42 Order on motion for summary judgment by Nausheen Zainulabeddin. Filing fee
not paid. (BSN)
Thursday, April 20, 2017

43 2 pgs misc Judgment Thu 9:07 AM
JUDGMENT in favor of University of South Florida Board of Trustees against Nausheen Zainulabeddin (Signed
by Deputy Clerk) (BSN)
42 30+ pgs order Order on motion for summary judgment Wed 4:07 PM
ORDER: Defendant's Motion for Summary Judgment (Doc. 22) is granted. The Clerk of Court is directed to
enter final judgment in favor of Defendant and against Plaintiff. After entry of final judgment, the Clerk of Court
is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody,
Jr. on 4/19/2017. (AD)
Friday, March 24, 2017
41 5 pgs respm Memorandum in opposition Fri 12:18 PM
MEMORANDUM in opposition re37 Reply to Response to Motion Plaintiff's Surreply to Defendant's Reply to
Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment filed by Nausheen
Zainulabeddin.(Apps, Stanley)
Att: 2 4 pgs Exhibit B
Wednesday, March 22, 2017
40 2 pgs adr Mediation report Wed 3:04 PM
MEDIATION report Hearing held on 3/22/2017. Hearing outcome: IMPASSE. (Shulman, Christopher)
Tuesday, March 21, 2017
39 order Order on Motion for Leave to File Tue 1:14 PM

ENDORSED ORDER granting 38 Motion for Leave to File Surreply. Surreply shall be filed within seven (7) days
of the date of this Order. Signed by Judge James S. Moody, Jr. on 3/21/2017. (LN)
Saturday, March 18, 2017
38 3 pgs motion Leave to File Document Sat 2:57 AM
MOTION for leave to file Surreply of no more than 5 pages to Defendant's Reply Memorandum to Plaintiff's
Response in Opposition to Defendant's Motion for Summary Judgment by Nausheen Zainulabeddin. (Apps,
Stanley)
37 9 pgs respm Reply to Response to Motion Wed 2:00 PM
REPLY to Response to Motion re22 MOTION for summary judgment filed by University of South Florida Board
of Trustees. (Mans, Lori)
36 1 pgs order Order on Motion to Withdraw as Attorney Thu 5:27 PM
ORDER granting 35 Motion to Withdraw as Attorney and for Substitution of Counsel. Attorney J. Ray Poole,
Jr., terminated. Signed by Magistrate Judge Thomas G. Wilson on 3/8/2017. (DMS)
Tuesday, March 07, 2017
35 3 pgs motion Withdraw as Attorney Tue 5:00 PM
MOTION for J. Ray Poole to withdraw as attorney and for Substitution of Counsel and Supporting
Memorandum of Law by University of South Florida Board of Trustees. (Dickinson, John)
34 order Order on Motion for Leave to File Wed 3:43 PM

ENDORSED ORDER granting 33 Motion for Leave to File Reply. Reply is limited to 10 pages and shall be filed
within 14 days. Signed by Judge James S. Moody, Jr. on 3/1/2017. (LN)
33 3 pgs motion Leave to File Document Wed 2:28 PM
MOTION for leave to file Reply to Plaintiff's Response in Opposition to Defendant's Motion for Summary
Judgment by University of South Florida Board of Trustees. (Poole, J.)
Tuesday, February 28, 2017
32 order Order on motion to extend time Tue 9:16 AM

ENDORSED ORDER granting 31 Joint Motion to extend time to conduct Mediation until MARCH 22, 2017.
Signed by Judge James S. Moody, Jr. on 2/28/2017. (LN)
Monday, February 27, 2017
31 3 pgs motion Extend time Mon 4:23 PM
Joint MOTION to extend time to conduct Mediation until March 22, 2017 by Nausheen Zainulabeddin. (Apps,
Stanley)
Sunday, February 19, 2017
30 2 pgs notice Notice (Other) Sun 6:40 PM
NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion,23 Notice (Other) Notice of Filing
COMPLETE Deposition Transcript of Dr. Ambuj Kumar, M.D., including Exhibit omitted by Defendant(Apps,
Stanley)
Att: 1 86 pgs Exhibit Deposition of Ambuj Kumar, MD,



NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion Notice of Filing Deposition
Transcript of Dr. Steven Specter, Ph.D.(Apps, Stanley)
Att: 1 182 pgs Exhibit Deposition of Steven Specter,




NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion Notice of Filing Affidavit of the
Plaintiff in support of Plaintiff's Response in Opposition to Summary Judgment(Apps, Stanley)
Att: 1 27 pgs Affidavit of Nausheen Zainulabeddin,

27 20 pgs respm Response in Opposition to Motion Sun 4:13 PM
RESPONSE in Opposition re22 MOTION for summary judgment with supporting Memorandum of Law filed by
Nausheen Zainulabeddin. (Apps, Stanley)
26 12 pgs misc Statement of undisputed facts Sun 4:11 PM
STATEMENT of undisputed facts re:22 MOTION for summary judgment Statement of DISPUTED MATERIAL
FACTS, precluding entry of summary judgment by Nausheen Zainulabeddin..(Apps, Stanley)
Att: 2 5 pgs Exhibit B,
Att: 3 9 pgs Exhibit C
Thursday, February 09, 2017
25 2 pgs misc Notice of withdrawal of motion Thu 4:00 PM
NOTICE of withdrawal of motion by Nausheen Zainulabeddin re19 MOTION to Take Deposition from Dr.
Joanne Valeriano-Marcet Subsequent to Close of Discovery, with Incorporated Statement of Good Cause
Wherefore filed by Nausheen Zainulabeddin (Apps, Stanley)
Monday, February 06, 2017
24 order Order on motion to extend time Mon 9:49 AM

ENDORSED ORDER granting 21 Joint Motion to extend time to conduct mediation. Extension granted through
MARCH 1, 2017. Signed by Judge James S. Moody, Jr. on 2/6/2017. (LN)
Saturday, February 04, 2017
23 2 pgs notice Notice (Other) Sat 5:03 PM
NOTICE by University of South Florida Board of Trustees re22 MOTION for summary judgment (Poole, J.)
Att: 1 120 pgs Exhibit Deposition of Nausheen Zainulabeddin,
Att: 2 115 pgs Exhibit Deposition of Nausheen Zainulabeddin Part 2,
Att: 3 87 pgs Exhibit Deposition of Dr. Deborah Roth and Exhibits Thereto,
Att: 4 87 pgs Exhibit Deposition of Dr. Ambuj Kumar and Exhibits Thereto,
Att: 5 73 pgs Exhibit Deposition of Dr. Saundra Stock,

Att: 6 61 pgs Exhibit Deposition of Dr. Saundra Stock and Exhibits Thereto Part 2
22 25 pgs motion Summary judgment Sat 3:49 PM
MOTION for summary judgment by University of South Florida Board of Trustees. (Poole, J.)
Friday, February 03, 2017
21 3 pgs motion Extend time Fri 8:45 PM
Joint MOTION to extend time to Complete Mediation by University of South Florida Board of Trustees. (Poole,
J.)
Thursday, February 02, 2017
20 2 pgs order Order on Motion to Take Deposition Thu 5:30 PM
ORDER granting 19 Motion to Take Deposition of Dr. Joanne Valeriano-Marcet on February 3, 2017. See Order
for further details. Signed by Magistrate Judge Thomas G. Wilson on 2/2/2017. (DMS)
Wednesday, February 01, 2017
19 6 pgs motion Take Deposition Wed 4:43 PM
MOTION to Take Deposition from Dr. Joanne Valeriano-Marcet Subsequent to Close of Discovery, with
Incorporated Statement of Good Cause Wherefore by Nausheen Zainulabeddin.(Apps, Stanley)
Tuesday, December 13, 2016
18 2 pgs order Order appointing mediator/scheduling mediation Tue 9:39 AM
ORDER appointing Christopher M. Shulman as mediator in this action. Mediation Conference set for
FEBRUARY 10, 2017. Signed by Judge James S. Moody, Jr. on 12/13/2016. (LN)
Friday, December 09, 2016
17 2 pgs adr Notice of selection of mediator Fri 10:32 PM
NOTICE OF SELECTION of Christopher M. Shulman as mediator by University of South Florida Board of

Trustees. (Poole, J.)
Wednesday, November 30, 2016
16 order Order on Motion for Extension of Time to Complete Discovery Wed 9:53 AM
ENDORSED ORDER granting 15 the Parties' Joint Motion for Extension of Time to Complete Discovery.
Discovery shall be completed by February 1, 2017. Dispositive Motions are now due February 4, 2017. All
other dates in the Case Management Order remain unchanged. Signed by Judge James S. Moody, Jr on
11/30/2016. (RWL)
Tuesday, November 29, 2016
15 4 pgs motion Extension of Time to Complete Discovery Tue 3:53 PM
Joint MOTION for Extension of Time to Complete Discovery by University of South Florida Board of Trustees.
(Poole, J.)
Wednesday, November 09, 2016
14 5 pgs order Order referring case to mediation Wed 1:55 PM
ORDER referring case to mediation and directing selection of a mediator on or before 12/9/2016. Mediation
shall be conducted on or before 3/1/2017. Signed by Judge James S. Moody, Jr on 11/9/2016. (LN)
Friday, September 09, 2016

13 order Order on Motion to Withdraw as Attorney Fri 9:34 AM
ENDORSED ORDER granting 12 Motion to Withdraw as Attorney. Attorney John Sikes Gibbs terminated.
Attorney John F. Dickinson is directed to file a Notice of Appearance in this case. Signed by Judge James S.
Moody, Jr on 9/9/2016. (LN)
Thursday, September 08, 2016
12 3 pgs motion Withdraw as Attorney Thu 3:57 PM
Unopposed MOTION for Gibbs to withdraw as attorney by University of South Florida Board of Trustees.
(Poole, J.)
11 32 pgs answer Answer to Complaint Wed 1:48 PM
ANSWER and affirmative defenses to Complaint by University of South Florida Board of Trustees.(Gibbs, John)
10 9 pgs order Order on motion to dismiss Wed 11:18 AM
ORDER: Defendant's Motion to Dismiss and For More Definite Statement 4 is DENIED. Defendant shall file an
answer within fourteen (14) days of the entry of this order. Signed by Judge James S. Moody, Jr. on 4/13/2016.
(LN)
9 3 pgs order Case management and scheduling order Wed 10:23 AM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/3/2017, Dispositive motions due by
2/1/2017, Pretrial Conference set for TUESDAY, MAY 2, 2017 at 9:15 AM in Tampa Courtroom 17 before Judge
James S. Moody Jr., Jury Trial set for JUNE 2017 trial term in Tampa Courtroom 17 before Judge James S.
Moody Jr. Signed by Judge James S. Moody, Jr. on 4/6/2016. (AR)
Monday, April 04, 2016
8 misc Case Management Report Mon 2:02 PM

CASE MANAGEMENT REPORT. (Gibbs, John)

7 notice Notice of pendency of related cases Wed 5:23 PM
NOTICE of pendency of related cases re3 Related case order and track 2 notice per Local Rule 1.04(d) by
Nausheen Zainulabeddin. Related case(s): yes (Apps, Stanley)
6 13 pgs respm Response in Opposition to Motion Wed 4:46 PM
RESPONSE in Opposition re4 MOTION to Dismiss Plaintiff's Complaint and For More Definite Statement and
Supporting Memorandum of Law filed by Nausheen Zainulabeddin.(Apps, Stanley)
Friday, March 25, 2016
5 notice Notice of pendency of related cases Fri 1:15 PM

NOTICE of pendency of related cases per Local Rule 1.04(d) by University of South Florida Board of Trustees.
Related case(s): No (Gibbs, John)
Thursday, March 24, 2016
4 11 pgs motion Dismiss Thu 2:15 PM
MOTION to Dismiss Plaintiff's Complaint and For More Definite Statement and Supporting Memorandum of
Law by University of South Florida Board of Trustees. (Gibbs, John)
Monday, March 21, 2016

3 order Related case order and track 2 notice Mon 4:27 PM
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Issued by Deputy Clerk
on 3/21/2016. (AR)
Thursday, March 17, 2016

2 cmp Complaint Fri 12:03 PM
COMPLAINT against University of South Florida Board of Trustees with Jury Demand filed by Nausheen
Zainulabeddin . Originally filed in state court on 1/22/16.(BSN) Modified on 3/18/2016 (BSN)
Att: 1 Exhibit
1 6 pgs notice Notice of Removal Fri 12:01 PM
NOTICE OF REMOVAL from 13th Judicial Circuit in and for Hillsborough County, Florida, case number 16-CA-
000669 filed in State Court on 1/22/16. Filing fee $ 400, receipt number tpa 035597 filed by University of
South Florida Board of Trustees.(BSN)

Att: 4 2 pgs Civil Cover Sheet
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Case 8:16-cv-00637-JSM-TGW Document 29-11 Filed 02/19/17 Page 4 of 17 PageID 1425
A-1228 Evidence Based Clinical Reasoning II BMS 6837 AV 2012-2013
Evidence-based medicine (EBM): What is EBM?
The most common definition of EBM comes from Dr. David Sackett, a pioneer in evidence-
based medicine. EBM is "the conscientious, explicit and judicious use of current best
evidence in making decisions about the care of the individual patient. EBM means
integration of best research evidence with clinical expertise and patient values.(Sackett D,
1996)
• best research evidence is interpreted as clinically relevant research which can often
be from basic sciences of medicine, but especially from patient centered clinical
research into the accuracy and precision of diagnostic tests (including clinical
examination), predictive value of prognostic markers, efficacy and safety of
therapeutic , rehabilitative, and preventive regimens.
• clinical expertise is interpreted as the ability to use clinical skills and past
experience to rapidly identify each patient's unigue health state and diagnosis,
their individual risks and benefits of potential interventions, and their personal
values and expectations.
• patient values are interpreted as unique preferences, concerns and expectations each
patient brings to a clinical encounter which must be integrated into clinical decisions
if they are to serve the patient.
By integrating the three elements clinicians and patients form a diagnostic and therapeutic
alliance which optimizes clinical outcomes and guality of life.
In the large group EBM sessions you will learn critical appraisal skills and principles of
decision-making. In the critical appraisal skills sessions you will go over a published peer-
reviewed article and OBJECTIVELY assess whether the results are trustworthy and can be
applied to an individual patient (treatment, diagnosis, prognosis or harms studies). You will
also learn about principles of decision making (normative, descriptive and prescriptive)
which also includes cost analysis. It is expected that you will apply the skills learnt in the
EBM sessions in your clinical problem solving small group sessions by providing the right
evidence in your discussion associated with learning issues.
6|
Evidence Based Clinical Reasoning II BMS 6837 AY 2012-2013
A-1229
Clinical Problem Solving: An Introduction to Problem Based Learning
Problem based learning (PBL) was developed in the 1970's as a way for students to learn
more actively and build teamwork. It focuses on students working through a case or
complex problem together, "facilitated" by faculty. The faculty do not teach in the
traditional sense, but keep the group moving, ask questions to provoke discussion, raise
difficult issues, etc. The students provide the answers to questions raised, either via their
communal knowledgeor via home or on-site research. Faculty are specifically trained NOT
to provide answers or engage in directed guestioning. Think of a group therapist who wants
the members to talk. That is what the faculty should do.
Structure of the sessions

You will meet with your usual Doctoring groups and will be assigned 2 faculty preceptors
(facilitators). The sessions are structured the same as EBCR I CPS but this year you will
receive fewer handouts and you will have to ask for pieces of information such ROS items
or PE data, labs or other diagnostics, justifying why you want the information and perhaps
what you expect to find. Your group goal is still to understand the how, why, and what of
the case. In particular, these sessions are useful for getting beyond simple recall of
facts, and getting to your understanding of mechanism, ethics, social issues, and all the
complexities of modern medicine.
Each session will last two hours. See the next page foroutline of how the session
an
works. At the end, each member will volunteer for a "learning issue" to research that will
help the group move along in the next session. This is usually presented briefly (2-3
minutes) to the group next time. You can provide additional background with a handout
that you bring for the group members. Keep your presentation focused on what is needed
to move the case along. Your faculty will make suggestions, but the choice of learning
issues are yours.
Successful groups
Qualities of successful PBL groups include:
• Active participation and preparation by all students
• Learning issues focused on key case issues
• Thinking "outside the box" to not just lock into the main diagnosis or problem, but
explore other facets of the case
• Instructors who are active group members, but do not dominate or control the
agenda tightly. They should provide data but otherwise talk less than 10% of the
time; they can certainly add anecdotes, experience, and color to the discussions.
Adapted from E Stevenson MD
7
Evidence Based Clinical Reasoning II BMS 6837 AY 2012-2013
A Guide to Problem Based Learning: How does a session work?

Each group is a little different, but here is a sample template of a session: A-1230
Students Faculty Facilitators
• Start time. Don't wait for faculty.
on • Start on time
Arrival • Reorganize furniture so all are together, even • Make sure you are spatially m the group
faculty! Be near the board.
Very first session • Introductions • State your expectations (be on time, come prepared,
• Agree on ground rules (e.g. how to handle late quality of research sources, grading, your role as
arrivers) facilitator)
Gather data, • who is at the board today? • Use open ended questions to test their depth of
page • Read first handout aloud knowledge
• biscuss unfamiliar terms
hypotheses
• Generate and rank hypotheses
• Keep the case moving forward • Ask group to summarize and review central question if
Continue with case • Respect and encourage your peers necessary
..
y analysis,
• Correct or question possible misinformation • Allow group to try to self-correct misinformation, then
• Listen attentively and don't monopolize the question them
integrating
discussion • Listen attentively, keeping the learning goals of the
learning issues course and case in mind. Nudge the group back on track
if widely tangential
Receive new · Propose a reason before asking for new data- • Don't offer new data unless a reason is given by students
handout when why • Ask students to specify how the new information will be
is the test indicated? used
ready
• What does the new information add?
Synthesize new • Modify hypotheses • Ask for clarification of mechanisms
data • Propose mechanisms • Ask clarifying questions if students' understanding is
• Ask & and _how shaky

Generate learning • What don't we know? • Focus group on specific questions, esp. how and why
issues for ney • What specific guestion are you researching?
How is Me ÆcV used in Me diagnosis of
"
i.e.
session-how and
anemia" not "I'H look up iron indices"
why -
• List hypotheses, list problems/unclear info, list • Comment on blackboard organization, suggest
At the blackboard data-connect lists with lines interrelationships of listed items
• Chart mechanisms, generate flowcharts, draw
pictures and graphs
• List learning issues as questions
• Analyze how the group is functioning • First critigue yourself! Model a "healthy critique" --note
• Offer praise and specific constructive 2 specific things, one that you did well and one you
criticism didn't.
Evaluation (last 10
to self, peers and faculty • Then allow students to critique group, selves,
minutes of each
facilitators, and each other
session) • Finally, praise individual efforts and offer constructive
criticism on specific behaviors
NE×T • See "Arrival" box above • See "Arrival" box above

SESSION(S): • Review current status of case • Focus students on how what they learn relates to the
• Re-rank hypotheses on board case
. . • biscuss learning issues in the context of the • Question students on quality of sources used
Learnmg issues
case, not as a book report
reviewed in • cite sources of research. How did you find
.. -context of case sources and assess their quality?
LAST SESSION Discuss case and group performance. Students complete evaluation and submit TODAY. Faculty complete student
evaluations in wrap up meeting with Course Directors held in hour after group session.
Adapted from F. Stevenson, MD
8
Case 8:16-cv-00637-JSM-TGW Document 29-11
Evidence BasedFiled 02/19/17
Clinical Page
Reasoning II 7 of 17
BMS PageID
6837 1428
AY 2012-2013
If EBCR I= EBM + CPS how do I get ONE grade? A-1231

or
How is my grade for EBCR II determined?
• EBCR is Pass/Fail (Satisfactory/Unsatisfactory).
1. EBM orading
a pass/fail grade for the EBM portion of the course which will be
You will be assigned
determined as per your performance in the group presentations and on the final examination.
a) Group presentations:
Evidence-BasedClinical Reasoning (EBCR) is a thoughtful integration of the best available

evidence, coupled with clinical expertise. It enables health practitioners of all varieties to
address healthcare questionswith an evaluative and qualitative approach. EBCR allows the
practitioner to assess current and past research, clinical guidelines,and other information
resources in order to identify relevant literature while differentiating between high-guality
and low-quality findings. The proposed exercise is geared towards applying EBCR skills in
resolvingthe uncertainty associatedwith 4 key domains of clinical practice (Diagnosis,
Prognosis, Treatment and Harms).In resolvingthe uncertainty associatedwith a case scenario
you will go through the following fundamental steps:
Step 1: Formulating a well-built question using the PICO model.

Step 2: Identify the guestion domain (Diagnosis, Prognosis, Treatment or Harms)
Step 3: Identifying articles and other evidence-based resources that answer the
question
Step 4: Critically appraising the evidence to assess its validity
Step 5: Applying the evidence
i. Instructions:
Each group will be provided a clinical scenario that require applicationof all the 4
abovementionedsteps in resolvingthe uncertainty associatedwith the clinical problem.
Each student will be assigned to a group which consists of 7-8 students. It is expected
that work load will be divided within each group. However,the decision on the working
modality is up to the group themselvesas well as the decision to pick a leader or leaders
to present the educationalprescription.
Each reguired to documentthe specific task each member
group is has performed and grade
them for that task.
ii. Attendance in group presentation
All students are reguired to attend the group presentation session. Please inform in
advance and reguest for a leave of absence if you are not able to attend the session.
9
Clinical Page
BMS PageID
6837 1429
AY 2012-2013
iii. Presentation A-1232

The group leader or leaders will present the educationalprescription in the classroom.
The appraisal of the presentation will be done by the other groups and a faculty
member. Each group will be allotted 8 minutes to present the educationalprescription.
Presenters are free to choose the format of presentation. That is, presenters can opt
to present using the power point or simply present the case verbally.
iv. Grading of group presentation
The groups will receive a pass or fail grade. The group presentation will judged
according to the following domains:
• Fund of knowledge,judgment and problem solvingability (as evident in the presentation)
• Whether the presentation of completedassignmentreflects understandingof materials
• Participation in discussion and peer teaching
• 4. Professionalism,promptnessand relation with faculty and peers
For each domain there is a 5 point likert rating scale. The correspondingexplanation of
each score is as follows:
5 -
Exceptional
4 -
Exceeds expectations
3 -
Expected level
2 -
Needs improvement
1 -
Unsatisfactory
A cumulative score of 3 through 5 is a passing score and below 3 is a failing grade.
b) Final Examination:
i. Timing of the final examination: The exam will be administered after the completion
of all large group EBM sessions in course 5 and 6 (see the schedule).
ii. Examination format: There will be approximately 40 multiple choice questions and the
exam will be administered online on BLACKBOARD. In order to take the online guiz you
will be required to log in to BLACKBOARD and completethe exam within a stipulated
time (usually 45-50 minutes).
iii. Passing grade: In order to pass the test your final score must be within 2
Standard Deviations of the class mean (10% weightage on the group presentation
and 90% on final exam).
iv. What happens if score is below passing grade: At the discretion of the Course
Directors, a student who is just below passing will be assigned a temporary T grade
and may be allowed to take a "make up" test. A student who successfully passes
the "make-up" test will have the T grade changed to a P for this portion of the
course. >
10
Clinical Page
BMS PageID
6837 1430
AY 2012-2013
A-1233
2. CPS grading
i. Your grade from CPS will be based upon your preceptors' evaluation of your
participation in the group sessions and the guality of your learning issues. The form
that will be used for your final evaluation is attached. In addition, the
assessmentform that facilitators are encouraged to use for evaluation of student
performance on each case is attached.
ii. Each student will have a midterm evaluation. This will be done one on one with
your facilitators and will be verbal. No written evaluation will be completed or
submitted. Any written materials produced for this midterm evaluation will be for
your facilitators' use in completing your final evaluation in this portion of the
course and to assist you in focusing on any areas of performance that might
require additional attention.
3. Final grades
You must achieve a Pass/Satisfactory in BOTH portions of the course to receive a

Pass/Satisfactory for the EBCR course grade. Failure of either portion will result in
failure of the course.
Satisfactory/Unsatisfactory (Pass/Fail)- will be assigned by the Course Directors based
upon review of the facilitators (small group leaders) assessment and recommendation
about your performance in the small group portion of the course + the grade on the EBM
portion of the course which is composed of the examination (90%) and the group
presentations (10%).
Attendance/Absence Policy
1. The following classes are mandatory
i. AII CPS small group sessions (10).
ii. EBM Group presentation (9/18/2012; 1.00 pm to 3.00 pm).

2. The only excused absences are for documented illness or emergency.
3. AII other absences are considered unexcused. "Planned" absences (attendance at a
meeting where you are presenting, etc or family events) are considered "voluntary" and
are not considered excused absences. The student must notify the Course Directors well
in advance of a planned absence. Conseguences for such an absence will be considered on
a case by case basis, preferably in time for these conseguences to be discussed and
clarified.
11
'
Evidence Filed
Based 02/19/17
Clinical Page
BMS PageID
6837 1431
AY 2012-2013
A-1234
4. For any absence from a small group session you are to notify the Course Director Dr.
Roth, the Course Coordinator and your facilitators as soon as possible, by email
(reguired) and telephone (if possible) preferably prior to the missed session. If it is
emergent, you may contact your facilitators by phone and follow it up with an email when
time permits. For any absence, you must complete an absence form and submit it to Dr.
Roth who will determine whether the absence is or is not excused and return the form to
you, Dr. Specter and your facilitators.
5. Should you fail to notify Dr. Roth of any absence for more than 24 hours, this will be
considered unprofessional behavior and may result in failure of the course. (If you fail
the CPS portion of the course you cannot pass EBCR II).
6. There will be written remediation for any absence.
Unexcused absence
For an unexcused absence you will be given a clinical scenario related to prognosis,
diagnosis or treatment issue for which uncertainty exists. To address that uncertainty
you have to search for a Systematic Review that provides an answer to clinical scenario.
From the obtained systematic review you will be reguired to create a GRADE Evidence
Profile.
To understand what is GRADE Evidence Profile please refer to this link
http://www.sciencedirect.com/science/article/pii/SO895435610003306
To create a GRADE Evidence Profile you will need to downloadthe free software
available at
http://ims.cochrane.org/revman/other-resources/gradepro/download
Once you have the software installed, please follow the instructions to create the
Evidence Profile for all the outcomes (e.g. survival, event-free survival, cure rates etc.)
covered in the systematic review.
For example of a GRADE Evidence Profile you can refer to
http://www.gradeworkinggroup.org/toolbox/index.htm
Excused absence
For an excused absence you will be required to search for primary evidence related to
the learning issue and present a structured report with documented evidence keeping in
mind the hierarchy of evidence. For example, if the learning issue relates to a prognosis
issue you will be required to search primary cohort study or a systematic review of
for a
cohort studies and report the summary of findings. The report should convey the plain
language summary from the scientific study in not more than one page.
However, please note that these are guidelines only and the remediation process can be
upgraded or downgraded at the discretion of course directors. For example, if there is a
12|
Case 8:16-cv-00637-JSM-TGW Document 29-11 Filed 02/19/17 PageII 11 of 17 PageID 1432
'
Evidence Based Clinical Reasoning BMS 6837 AY 2012-2013
professional issue a student can be

A-1235 present
asked to write a a critical reflection to the
course directors.
7. Note that should you happen to miss another session in addition to an "unexcused"
absence, this may result in your failure of the course as you will have missed greater
than 10% of the sessions. The small group sessions are the CPS portion of the course.
8. Note that should you fail to satisfactorily complete any "special" assignment, this will
represent a failure in professionalism and may result in failure of the course.
9. The group presentation session reguires mandatory attendance. In cases of excused
absence (same policy as CPS small group) an alternative assignmentwill be determined by
the course director. The student will be required to complete the assignment on an
alternative date. Failure to complete the alternative assignmentwill result in a failure
for this portion of the course.
13 |
Evidence Filed
Based 02/19/17
Clinical Page
BMS PageID
6837 1433
AY 2012-2013
LEARNING REPORT TEÆPLA TE
NAME:
A-1236
DATE:
QUESTION OR LEARNING ISSUE:
Use as much space as is needed.
Consider using an EBM "PICO" question format if your question/issue lends itself to this
layout.
DATA SOURCE(S):
Examples:Te×tbook chapter/pages, article(s) citation(s), web site URL
MAIN RESULTS/FINDINGS:
Provide a concise review of your findings. If you wish to provide a reprint of an article, you
may do so but this space should be used to give a clear summary of your readings. Do not
simply copy and paste a chapter or abstract.
CONCLUSION(S):
The "bottom line" or take home point(s).

ESTIMATED TIME TO COMPLETE ASSIGNMENT:
Provide a reasonableestimate of the time it took you to completethis assignment.
II
14
Evidence Filed
Based 02/19/17
Clinical Page
BMS PageID
6837 1434
AY 2012-2013
LEARNING ISSUE REPORT
NAME:
A-1237 DATE:
QUESTION OR LEARNING ISSUE:
DATA SOURCE(S):
MAIN RESULTS/FINDINGS:
CONCLUSION(S):
ESTIMATED TIME TO COMPLETE ASSIGNMENT:
15|Pu ge
'
Evidence Filed
Based 02/19/17
Clinical Page
BMS PageID
6837 1435
AY 2012-2013
EBCR Il / CPS ll Case Assessment
Facilitators:
A-1238 Group:
Student Name: Case: Date:
1. Attended all Session (Pieasecircie youronswers.) Yes No
Late (If yes indicated how many times) Yes No
2. Rating of student performance on specific criteria: (elease circle your answers.)
Self directed learning (asks questions relevant to the case, finds

multiple, high quality sources, accomplishes assigned task, is On target Not On Target
motivated to know more)
Reasoning (uses evidence to support hypotheses, integrates basic On target Not On Target
clarifies concepts and terminology)
and clinical science,
On target Not On Target

Demonstrates appreciation of humamstic/ social aspects of case
.
Group Interaction/ Communication (listens attentively, actively

participates in discussions, adjusts to different group roles, On target Not On Target
expresses her/himself well, shows respect for colleagues, gives
thoughtful feedback to group or individuals)
Insight (accepts feedback and improves, able to self-asses & On target Not On Target
recognize own limitations)
3. Useful roles played in group (Please circle up to 3 answers.):
Active Facilitator /
participant Leader Teacher O.uestioner Stimulator
Listener Researcher Synthesizer Humanist Critic
4. Circle any of the following that pertains to the student. If circled please provide comment.
1. Unexcused absence
2. Tardiness -
(Arriving late without notifying appropriate individuals)
3. Non-completion of assignments
4. Unpreparedness -
(problems being prepared or participating in discussion)
5. Not a team Player -
(Difficulty working as a team)
6. Resistance to feedback
7. Not recognizing limitations and not calling upon assistance of others
16 |
Evidence Filed
Based 02/19/17
Clinical Page
BMS PageID
6837 1436
AY 2012-2013
8. Lack of respect or civility towards others A-1239

9. Lack of Compassion
10. Prejudice -
(Express behavior showing bias towards groups of people)
Comments: re#
Student
picture
End of Course (EBCR II) Evaluation of Student (Non-Doctoring)
USF College of Medicine SummativeFeedback and Grading Form MSII
Please rate your student based on the following domains and rating scale. = MUST provide
*
a specific justification for these
categories. Rating will default to the next lowest category if no justification is provided. "Excellent student" or "a little weak" is NOT a
specific justification!
Domain i Rating Scale

Medical Knowledge
Has achieved competency in fund of
knowledge base and comprehensive basic
e O
e O O O O
science concepts Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
Disagree Agree Agree
Understands and can clearly contribute to the O

O O O O O
analysis of case studies.
Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
Has achieved competency in responding to, O

O O O O O
formulating, and presenting learning issues
Disagree* *
Domain 2
Practice-Based Learning
Identifies and systematically organizes O
O O O O O
relevant resources
Disagree* *
Achieved competency in application of study O

O O O O O
designs, including statistical methods,
analytical skills, reasoning, and synthesis and Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
appraisal of cases
Recognizes the limits of his/her knowledge
and expertise and seeks resourceslassistance
o O
O O O O O
needed Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
Domain 3
Interpersonal and Communication
Skills
Effectively contributes (active participation) to O O
role in group and promotes a cooperative and O O O O
equitable environment Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
17
'
Evidence Filed
Based 02/19/17
Clinical Page
BMS PageID
6837 1437
AY 2012-2013
Effectively facilitates ongoing and sensitive

communication, including attentive listening,
A-1240
O
O O O O O
among all group members Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
Domain 4
Professionalism
Demonstrates understanding of ethical and O
legal principles, including diversity, cultural, O O O O
compliance, and patient advocacy issues Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
Demonstrates respect and civility towards O

others O O O O
Disagree* *
Domain 5
Reflection and Feedback
Demonstrates ability to utilize medical O
O O O O O O
resources and literature
Disagree* *
Achieves competency in self-directed learning O

O O O O O
through feedback, assigned tasks,
commitment to self-analysis, lifelong learning Strongly Disagree Mildly Neutral Slightly Agree Strongly
Disagree* *
and teaching of others
Test Scores EBM EBM 3rade

Satisfactory Unsatisfactory
Group Presentation EBM
Points O O
CPS Grade
Satisfactory Unsatisfactory
O O
CPS Performance Comments

Formative: Please provide specific feedback on the strengthsand weaknessesof this student,
and how they could improve (not for MSPE [Dean's Letter]). Example: John was an active, inquisitive, and
hard working group member He presented well researched and concise learning issues and had frequent verbal contributions that
forwarded group process and stimulated others. His comments on the mechanisms of lead induced injury and peripheral
neuropathy were particulady helpful. An area for growth would be in listening more acutely so he does not repeat what others have
already said.
Summative Feedback (for MSP E). Example: John was an active, inquisitive, and hard working group member He
presented well researched and concise leaming issues and had frequent verbal contributions that forwarded group process and
stimulated others.
18
Evidence Filed
Based 02/19/17
Clinical Page
Reasoning II 17
BMSof 17 PageID
6837 1438
AY 2012-2013
A-1241
Final EBCR Grade

Satisfactory Unsatisfactory Incomplete
O O O
Course Director Signature Date
Course Director Signature Date
19
H EALT H
April 5, 2013 A-1242

8525 Hidden River Parkway, Apt 306
Tampa, FL 33637
Dear Ms. Zainulabeddin:
The Academic Performance Review Committee (APRC) met on April 4, 2013, to review your appeal of the
March 14, 2013, decision to dismiss you from the Morsani College of Medicine MD Program. After hearing
your appeal, the Committee voted to sustain its original decision to dismiss you from the MD Program.
The Committee was concerned about significant gaps in your knowledge, clinical performance, clinical
reasoning, physical exam skills, self-directed learning skills, data-gathering skills, and ability to logically
interpret steps and follow instructions. The additional information presented in your appeal did not
convince the Committee of your ability to successfully progress through the curriculum.
You must sign this letter indicating your decision regarding this action and return it within ten (10) working
days of receipt. A postage-paid envelope has been provided for your convenience.
A copy of the Medical Student Advancement Policies, Procedures and Due Process is available online on
the Student Affairs website at http://hsc.usf.edu/NR/rdonlyres/D6549138-8589-4FS7-90EA-
F44F7C8A0706/0/StudentHandbook.pdf. You are advised to review these policies and note the
procedures regarding APRC actions. If you require assistance or advice in any regard, please contact Dr.
Steven Specter, Associate Dean for Student Affairs at 974-2068. If I can help you in any way, please feel
free to contact me.
Sincerely,
Alicia D. H. Monroe, MD
Chair, Academic Performance Review Committee
Vice Dean for Educational Affairs
Morsani College of Medicine
cc: Steven Specter, PhD, Associate Dean for Student Affairs

Marrissa Cook, MA, Registrar
Michelle Williamson, Director of Financial Aid
Signed: Date: (g 10 1 3 ,
CHECK ONE
\ will: , accept the decision of the Committee as outlined above.

appeal the decision of the Committee to the Dean of the Morsani College of Medicine. A
written request of appeal will be forwarded to the Office of Student Affairs within ten (10)
working days of receipt of this letter.
• FL Cook 000555
RE: Course Case 8:16-cv-00637-JSM-TGW Document 29-13 Filed 02/19/17 Page 1 of 1 PageID 1440
7 3/25/14, 3:27 PM
RE: Course 7 A-1243

Wheeler, Donald
Sent:Thursday, March 07, 2013 10:43 AM
To: Zainulabeddin, Nausheen
Cc: Carter, Gail
Nausheen,
You passed the 3rd examination in Course 7 (73%), and therefore you have also passed Course 7 as a whole (75%).
be well,
dew
From: Zainulabeddin, Nausheen

Sent: Thursday, March 07, 2013 10:39 AM
To: Carter, Gail; Wheeler, Donald
Subject: Course 7
Dear Dr. Wheeler and Mrs. Carter,

I have not received an email if I passed Course 7 or my Test 3 updated on examsoft of my grade. Thank You
Nausheen Zainulabeddin, MS II
USF Morsani College of Medicine
Ii
EXHIBIT th
https://webmail.health.usf.edulowa/?ae=1tem&t=lPM.Note&id=RgAAAA. hlowWuke%2fjAACMfrx4AAAJ&a=Print&pspid= 1395775611906_704197879 Page l of 1

03/21/2012 08,: 25 FAX 8139748900 usi psychiatry center vuu uuuo
A-1244
HEALTH
Parkinson's Disease andMovement Disorders Center
USF Health Bryd Institue
-
4001 E. Fletcher Avenue, 6th Floor

MDC 55
Tampa, FL 33613
Phone: (813) 396-0768
Fax: (8 13) 905-9829
Patient Name: NAUSHEEN ZAINULABEDDIN

Medical Record: 1719318
Date of Birth: Jul 03, 1984
NEUROPSYCHOLOGY
DIVISION
Neuropsychological Evaluation - Addendum Updated
NAME: NausheenZainulabeddin BIRTHDATE: 07/03/1984 (26)

EXAM DATE: 08/05, 8/12, 9/2/10, 3/7/12 EDUCATION: 17 Years
REPORT DATE: 03-14-2012 (original 12/15/2010) PSYCHOMETRICIAN:Loriann Chambers, BA
REFERRAL SOURCE: Stephen Specter, PhD
Addendum Information: After finalization of the report, the student came to the office 3/7/2012 to provide
additional historical information. Due to cultural and historical factors, the student had not provided all historical
information about extent of her attention problems. No new testing completed. The additional historical data of more
attention problems disrupting her ability to complete assignments/tests on time since high school provide further
support for tentative dx of ADHD-inattentivetype. Diagnostic impressions did not change. Recommendations were
updated to include an accommodation for increased time (time and one-half) to complete assignments/tests. The
original report, with updated recommendations are provided below.
REFERRAL INFORMATION:
Ms. Zainulabeddin is a 26-year-old right-handed Packistan female with a history of problems in medical school
referred to assist with diagnosis and treatment planning. A summary followed by a detailed report is provided below.
CONCLUSIONS AND DIAGNOSTIC IMPRESSIONS:

Quality of neuropsychological study likely reduced due to testing the patient in English, technically her second
language. However, the student indicated she was most comfortable speaking English, and had to 'think hard' to
speak Urdu. Thus, while English as a second language may have contributed to reduce her language test scores, it
does not likely account for all of her lower scores.
Neuropsychological study was suspected to be abnormal due to deficits in attention. There was no gross
constructional apraxia, but subtle visuoconstructional deficits are suspected. Language functions (verbal fluency and
naming) were below normal compared to US age-matched peers, which is likely due to testing the patient in English,
her 2nd language. She presented with clear symptoms of anxiety and was self-defeating. Anxiety likely further
adversely impact her cognitive functioning and school performance.
Page 1 of 7
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EXHIBIT COO
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A-1245
Dateof Birth: Jul 03, 1984
Encounter Date: Sep 2 2010 8:00AM
Etiology for attention and subtle visuoconstructional problems are not clear. She denied attention problems as a
child, arguing against diagnosis of Attention Deficit Hyperactivity Disorder (ADHD). However, there is a
cultural/family background to suggest attention and mood problems were to be minimized, and she performed best
academically when she was taking less classes. Nevertheless, ADHD is clearly a possibility given current
performances. It is possible her variable attention and reduced visuoconstructional skills reflect reduced effort due to
marked anxiety/distress, but this is very unlikely. Possibility of recent onset in decline of cognitive function is also
raised (see below).
Initial results of the evaluation were provided to the student and all questions were answered to her satisfaction. The
neuropsychological aspects of anxiety were discussed, and the patient is aggressively pursuing treatment. Results
provided to treating physicians as patient indicated.
Diagnostic Impressions:
ADHD-inattentive type
Anxiety with depression NOS, moderate to severe.
RECOMMENDATIONS:
1. Resume treatment for anxiety with goals of immediate symptom reduction as well as learning to reduce
worrylanxiety, ruminative thoughts/self-depreciation, and cope with psychosocial stress.
a. If not currently receiving psychological treatment, cognitive-behavioral psychological treatment
recommended. Cognitive-behavioral psychological treatment for anxiety and depression is recommended.
This may include learning relaxation strategies and thought stopping techniques to reduce tendency to worry
excessively. May also assist her reduce self-depreciation.
b. Consider initiation of pharmacological treatment for symptoms of anxiety. Consider psychiatric evaluation.
c. Monitoring is recommended for increased symptoms.
2. This student has suspected neuropsychological deficits with primarily attention difficulties and English is a
second language. The student should qualify for special education services through the Americans with
Disabilities Act and Individualswith Individualswith Disabilities Education Act (IDEA). Additionally, her
English vocabularly was average compared to US age-matched peers, but below expectations for individuals in
the US with a Master's degree.
a. Student is likely to benefit from taking tests in a distraction free environment.
b. Recommend English as a second language tutoring. She may also benefit from continued English literature
courses.
c. Student will benefit from extra time to complete assignments/tests (time and one-half).
d. If will not
not already receiving tutoring, student will benefit from tutoring. It is suspected the student
complain of not understanding some words in English due to worry/concern she will be negatively evaluated
by peers/colleagues.Similarly, may not advise tutors/teachers she has trouble understanding concepts (due to
reduced English comprehension) due to fear of being negatively evaluated by peers/teachers. Tutoring for
classes for review strongly recommended.
e. If not already completed, consider mentorship by USF faculty member who speaks English as a second
language.
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Medica1Record: 1719318
A-1246
3. If ongoing academic problems/complaints, consider referral for further neurological evaluation. She denied
visual or sensory/motor changes, headaches, dizziness, recent infections, or head injuries, surgeries, or
seizures/black outs. Sleep has worsened, with early awakening. While it is very likely her lower performances
reflect combination of anxiety/dysphoria, attention problems, and perhaps poor sleep, the very remote possiblity
. for decline since early adulthood can not be absolutely ruled-out.
4. Re-evaluation following aggressivetreatment for symptoms of anxiety and clear worry/rumination.
COMPLETE NEUROPSYCHOLOGICAL REPORT

CURRENT COMPLAINTS AND BISTORY:
The following is based on the student's report,
1. School Failure/Difficulty with MCAT. She has taken the MCATs three times. She had difficulty on her verbal
component of the MCATs. She did not receive accommodations for taking the MCAT. She was concerned about her
ability to concentrate the 3rd time taking the MCATs, and she was evaluated for ADHD at the USF counseling
center. Results were 'borderline.' However, psychologist thought her difficulties were related :o anxiety.
Nevertheless, she was prescribed Adderal the summer of 2008, and took Adderal summer of '08 and '09. She also
took Adderal during the '09-'10 academic year. She did well the first year in a Masters degree program with a GPA
of 3.73. She failed Gross Anatomy while taking Adderal, although she was simultaneously enrolled in a Masters
degree program at USF (prior to entering medical school). She passed the first block of medical school with an 81%.
However, she failed the 2nd block, failing Physiology and Physical Diagnosis classes in Spring of 2010. She is
repeating the 1st year of medical school 2010-11. She ascribed her academic problems to extensive family
difficulties (sick family member) and personal relatíonship difficulties. These problems disrupted her concentration
and ability to study.
2. Attention and memory problems. Attention varies. She sometimes has difficulty concentrating. She has little
confidence in her ability to succeed. She denied any attention problems in high school or her undergraduate program.
Memory is good, and she generally denied forgetting recent details and appointments. She sometimes forgets to
bring assignments, but this is infrequent.
3. Anxiety/worry. She has always worried. Her worry has decreased when around peers that are not anxious. She is
always worrying about something. When she failed medical school, she worried frequently about being a failure. She
sometimes feels hopeless, overwhelmed, and frustrated at her life situation, but indicated this has resolved following
being successful at a test this year. She tends to self-critique. Energy level is good. She is working out about 1-2
hours daily. Appetite is good. Sleep is ok, but she wakes up early. No recent changes.
Medical and psychiatry history. ADHD (2008) and anxiety. No pharmacological treatment for anxiety. She was
enrolled in the HELPS program at USF Summer of 2010. She completed counseling for anxiety. Dr. Russell is
treating psychologist. She was born in Pakistan. First language is Urdu. She learned English at age 5 when she
moved to USA. She primarily speaks English with her siblings, and speaks Urdu with her parents. She feels more
comfortable speaking English than Urdu, and has to think hard about what to say when speaking Urdu.
Developmental history unremarkable. No clear attention problems in elementary school. She was an above average
student. She was enrolled in advancedplacement classes in high school, and completed honors undergraduate
program at USF. Master's GPA=3.7. She was able to take extra time to take tests for herMaster's degree and noted
some difficult completing tests/assignments on time since high school. MCAT=26. She is independent in IADL's.
Page 3 of7
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A-1247
CURRENT MEDICATIONS:None.
MENTALSTATUS AND GENERAL CONSTITUTION:

Appearance: Well groomed. Appeared stated age. Of normal height and build.
Gait/station: Normal.
Tremor: No obvious tremor observed.
AAOx4: Yes
Speech: Articulation and
rate, rhythm, intonation, and prosody WNL.
Speech Content: Generally appropriate to context.
Speech Process: Organized and goal directed.
Mood: Anxious.
Affect: Consistent with mood.
Current Suicidal/Homicidal Ideation Plan or Intent; Denied
Hallucinations/Delusions: None
Judgment: Within normal limits
Insight: Within normal limits
Test Taking Behavior: Cooperative. Task engagernent appeared affected by pronounced anxiety at times. Study
is considered grossly valid.
ASSESSMENT PROCEDURES:
History Questionnaire; Clinical Interview; Sensory-Perceptual Exam; Grooved Pegboard test; Wechsler Individual
Achievement Test - 2nd Ed. (WIAT-II); Wechsler Adult Intelligence Scale 46 Ed. (WAIS-IV); Symptom Validity
-
Test; Trail Making Test, Parts A and B; Rey Auditory Verbal Memory Test; Wechsler Memory Scale-4* Ed.
(WMS-IV); Boston Naming Test (BNT); Verbal Fluency Tests (Semantic and Letter); Rey-Osterrieth Complex
Figure Test; Ruff Figural Fluency Test; Stroop Color-Word Test; Wisconsin Card Sorting Test (WCST); Beck
Depression Inventory 2* Ed. (BDI-II); Spielberger State-Trait Anxiety Inventory (STAI).
-
Loriann Chambers, BA, administered and scored neuropsychological and psychological tests under supervision. Dr.
Schoenberg completed interview, sensory-perceptual exam, and MSE.
SENSORY/MOTOR AND PERCEPTUAL FUNCTIONING:

Sense of smell: Intact
EOM: Appeared grossly intact.
Visual fields: Grossly full to confrontation.
Light touch: Sensation intact in face and hands, and no extinction with bilateral simultaneous stimulation.
Auditory: Intact, bilaterally
Ideomotor apraxia: None
Finger agnosia: None
R/L orientation: Intact.
Manual dexterity: Borderline with her right hand, and poor with her left hand.
Page4of7
THE UNIVERSITY IS AN AFFIRMATIVEACTION/EQUALOPPORTUNITYINSTITUTION
56
vor avevia olauttosuu
us:co raA usr psycnistry Center
I
igjuuub/UUU
A-1248
NEUROPSYCHOLOGICAL FUNCTIONING(See Appendix):

General Cognitive: A prorated index of her general cognitive
function was low average compared to US
age-matched peers (Full Scale=87, 196 %). Her verbal general
cognitive ability index was low average to average
(Verbal Comp.=89, 236 %). Prorated index of her nonverbal general
cognitive functioning was low average to
average (Percept. Reason.=86, 186%).
Information processing speed: Scores were WNL. Hit rate reaction time was WNL.
Academic Screening: Low average for word reading. Reading comprehension
was high average. Spelling was
average. Arithmetic skills were high average.
Attention: Variable. She repeated 7 digits forward and 4 digits backward, which is WNL.
She performed poor to
average on focused and divided atttention tests. She had more difficulty
on tasks requiring more switching/working
memory. She performed well on a sustained attention task.
Memory. Test scores ranged from poof to superior compared to US age-matched
peers.
Immediate (short-term) memory. Verbal Immediate memory was poor for
stories, but average to high average for
word-pairs, and superior for a word list. Visual Immediate memory was low average to
average.
Delayed memory. Verbal delayed memory was low average for stories, but
high average for word-pairs and
superior for a word list. Visual delayed memory was average, although she had
difficulty with a complex figure.
Recognition cues improved recalL
Language screening was functional, and her receptive and expressive speech were grossly
intact. Naming was below
US age-matched peers (BNT = 31/60). Comprehension and repetition
were grossly intact. Letter and semantic verbal
fluency scores were poor. No gross alexia or agraphia.
Visuoperceptual function was intact. Visuoconstructional skills were borderline. Difficulty with complex
constructional tasks.
Executive function (e.g., abstract reasoning, sequencing, insight, judgment): Insight and
judgment appeared intact.
There was no gross behavioral disinhibition or apathy. Verbal reasoning was
poor. Nonverbal reasoning was
average. Verbal fluency was poor. Figural fluency was borderline. She performed well
on a complex problem
solving, sequencing, and set-shifting task.
PSYCHOLOGICALAND PERSONALITY FUNCTIONING:

The patient completed the BDI-2 and STAI. She endorsed mild symptoms of
anxiety. She exhibited mild symptoms
of depression and anxiety.
Thank you for the opportunity to assist in the care of this pleasant patient. If I can provide
any additional assistance,
please do not hesitate to contact me at (813) 974-8900. Services included: Neuropsychological evaluation
(4.0 hours
including administering, scoring, interpretation and report writing). Psychometrician based
neuropsychological
assessment (3.5 hours).
Sincerely,
Mike R. Schoenberg, Ph.D., ABPP

Board Certified in Clinical Neuropsychology
Licensed Psychologist
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03/21/2012 ,08:26 FAX 8139748900 usi psychiatry center iglUUut/UUUo

A-1249
Cc: Steven Specter, PhD, Associate Dean for Student Affairs, U. of South Florida College of Medicine
Neuropsychology File
NEUROPSYCHOLOGICAL ÛATA SUMMARY
*INTERPRETATION OF SCORES SHOULD BE MADE WITH CAUTION AND IN CONSULTATION WITH APPROPRIATE PROFESSIONALS
Achievement Index %ile

WIAT-II Reading 84 14
WIAT-II Read. Comp. 111 77
WIAT-II Spelling 106 66
WIAT-II Arithmetic 79
Wechsler Adult Intelligence Scale - 4* Ed. Memory

Verbal Age SS %ile Perf. Age SS %ile WMS-IV SS Index %ile
Voc 9 37 PC Aud. Mem. 37 95 37
Sim 5 5 VP Vis. Mem. 38 96 39
Arthm 9 37 BD 6 9 Imm. Mem. 34 89 23
DS 8 25 MR 9 37 Del. Mem. X 102
Info 10 50 PA Subtests Raw SS %ile
Comp SS T 50 LM I 14 5 5
Lt-# Coding 8 25 LM II 14 7 16
Factors Index Quotient Index %ile VPA I 44 12 75
VCI 89 23 Full Scale^ 87 19 VPA II 14 13 84
PRI^ 86 Designs I 72 9
WMI 92 30 Designs II 63 10 50
PSI 94 34 VR I 36 8 25
VR II 33 11
mum
63
RAVLT Raw %ile
Trial 1 8 72
Trial 5 15 88
List B 6 36
Trial 6 15 94
Trial 7 15 93
Recg. 15 74 False + 0
Attention Perceptual
Digit Fw. (act) 7 %ile 38 Bok 4 %ile 16 ROCFT copy Raw %ile
CPT-II (T-sc) Om 47 Com 38 HR 49 Var 52 ROCFT delay Raw 12,0 %ile <16
Stroop Word 87 %ile 14 Letter # span Line Bisection Raw %ile
Raw Color 61 %ile 10 SS %ile
C/W 28 %ile 5
Trails Part A 20 oA 46 Part 8 80 % 4
Language Executive
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uorurput un:eo rAA onstaasuu ust psyct11atry center igj0008/0008
Patient Name:
Medical Record:
NAUSHEEN ZAINULABEDDIN
1719318
A-1250
Phonological Total 30 %ile 5 RFFT Unique Designs %ile

Semantic Total %ile 1 RFFT Error Ratio (raw) 4 %ile
Boston Naming Test Total 31 %ile <1 WCST Total Errors %ile
Auditory Naming Test Total %ile WCST Pers. Errors %ile
Sensory-Perceptual and Motor (R/L) Mood
Tapping DH NDH
% % BDI-II GDS
G. Peg DH % NDH 90 % STAI State %ile 77 Trait %ile
Note: *Scores are based on US age-matched peers and
adjusted for education and demographics in interpretation; ^ scores
are
prorated.
Electronically signed by:MICHAEL SCHOENBERG PHD Mar 14 2012 10:30AM EST Author
59
Page 7 of 7
THE UNIVERSITYIS AN AFFlRMATIVE ACTIONIEQUALOPPORTUNITYINSTITUTION

Comprehensive MedPsych Systems, Inc.
Geoffrey Kanter,
American
Ph.D., ABN,
Board of Professional
Neuropsychology
ABPdN A-1251
American Board of Pediatric Neuropsychology
Resid"
Robert Stephenson, Psy.D.
Abbreviated Neuropsychological Evaluation
Chief0penrdng0/11œr
Clinial Dimctor
REUROPSYCHOLOGY
Name: Nausheen Zainulabeddin
Americano r
fsoe
la r e op chology Ûate Of Birth: 07/03/1984

PaulaCooper,Ph.D.,ABN Chronological Age: 29years
American Board of Professional
Neuropsychology Gender: Female
LarryE.Schutz,Ph.D.,ABPP-ABRP
American Board of Rehabilitation Psychology
Date Of Evaluation: 03/07/2014
Maryla Madura, Ph.D.
Edwin L Bercaw, Ph.D.
Stefanie Mihalopoulos, Ph.D.
RobbMatthews,Ph.D. IDENTIFYING INFORMATION AND REASON FOR REFERRAL
Kyle Cieply, Ph.D.
Kathy Baum, Ph.D.
PriteshParbhoo,Psy.D. Nausheen Zainulabeddin is a 29-year-old female who was seen for an
evaluation to assess her current level of functioning and eligibility for
Sharon Arffa, Ph.D., MPPM . .
Hollie Dean Hill, Psy.D.

Post-DoctoralResident VOcational rehabilitation services. She was referred for the evaluation by
læneStauffer,BS,Psychometrician Rockne Lee from the Division of Vocational Rehabilitation.
""fi PROCEDURES
s°rianaÌheern,
0,A
Review of Available Records
NN
Abdul Nadeem, M.D., ABPN

RebeccaCohen,M.D.,ABPN CÌinÍCaÌ Int€rVÌ€W
Mark Sylvester, M.D., ABPN
EdwardKilleen,M.D.,ABPN Observation
*,'',"ggggN
Wechsler Adult Intelligence Scale Fourth Edition
-
TeriCallender,LCSW,PA-C
Woodcock-Johnson III NormativeUpdate Tests of Achievement
KellyVanBeck,MedicalAssistant
Wide Range Assessment of Memory and Learning II (select subtests)
TMSCoordinator Trail Making Test
Bawcom, B.A.
BOston Naming Test
Jessica
HISTechnician
PSYCHOLOGY
COntrolled Oral Word Association Test
DonaldMcMurray,Ph.D. Rey Complex Figure Test
Wendy Sims, Ph.D.
Tammy Saltzman-Gorn, Psy.D.
ClaudiaZsigmond,Psy.D.
Dale Simpson, Ph.D.
Green's Word Memory Test
PSYCHOTHERAPV
Paul Zitowitz, I£SW

Raymond Roitman, D.Psa, I£SW
Janet Carlson, LCSW
Jean Ross, LCSW
Teri Callender, LCSW, PA-C
Kathryn Bliss, LMHC
Kenton Kauffman, LCSW
Kim Jacobsen, LMHC
Catherine Luclmer, LMHC
Laura Zane-Nwagbaraocha, LMHc a EXHIBIT
Steve Steiner, LCSW
Kathleen Zitowitz, RN, I£SW
Nancy Dring, Ed.D., LMHC, EEG-BCIA
Gerald Rivera, LCSW
Marlene Larose, LMFT
Jennifer Barmash, LCSW
ADD/CffDNSCOUNSELING
1250 South Tamiami Trail, Suite 201 Sarasota, Florida 34239
CarriePhelps,LMHC,CAP
941.363.0878 (office) * 941.363.0527 (fax) * www.medpsych.net
Sarasota -
Venice Lakewood Ranch
-
Bradenton North Port Port Charlotte Tampa
- - - -
Cook 001214
A-1252
CURRENT CONCERNS
Upon interview, Nausheen reported experiencing longstanding attention-related

difficulties. Reported attention-relateddifficulties began in childhood and include difficulty
focusing, being highly distractible, making simple mistakes, and difficulty following
instructions. She denied experiencing any current mental health issues; however, she
reported having anxiety (i.e., had a panic attack five years ago in addition to sleep
difficulties) and depression (i.e., suicidality in May 2013) in the past. She communicated
that her mental health issues were due to her cousin's death in DeU ber 2012,
grandmother's death in February 2013, and medical school dismissal in May 2013.
Nausheen reported learning and utilizing effective coping skills to deal with her life
stressors. She denied any current appetite or sleep issues. She reported currently not being
able to have a social life due to her financial issues. She indicated wanting assistance from
the Division of Vocational Rehabilitationto help her get back into medical school.
BACKGROUND INFORMATION
Nausheen currently resides alone in Temple Terrace, Florida. She was born in Pakistan and
relocated to the United States when she was two years old. She moved to the Tampa Bay
area when she was 12 years old. She has two siblings (ages 16 and 24) who reside with her
parents. She is currently unemployed and not in school and as a result, she is supported
financially by her parents. In addition, she has never had formal employmentbut has
volunteeredas a tutor.
Nausheen received her B.S. in Biomedical Sciences in 2007 from the University of South
Florida. She had a 3.3 GPA in undergraduate. She began a master's program in Medical
Sciences in 2007 but was unable to complete that degree due to her failing one class. She
had a 3.7 GPA in her master's program not including the class thaU she failed. In addition,
she reported receiving accommodations throughout her master's program except in the
class she failed. She also was not taking her medication when she failed the class. She took
the MCAT several times over the course of three to four years and finally received an
acceptable score (26) in September 2008. She did not receive accommodations on the
MCAT. She had the most difficulty on the reading portion of the MCAT. She began medical
school in 2009 but failed the 2009-2010 and 2011-2012 academic years. She was able to
repeat the 2009-2010 academic year and performed adequately (although not on
medication and without accommodations) due to already having taken the required
courses. She was dismissed after failing the 2011-2012 academic year, but appealed the
dismissal and was reinstated with accommodations and treatmentvia medication. She was
again dismissed from medical school in March 2013 due to having incomplete work in
addition to a history of poor academic performance. She appealed the dismissal but was
denied readmission. She indicated that she is currently studying for the Step 1 exam
through Kaplan.
Nausheen iscurrently in good physical health. She is currently taking Adderall for
treatmentof ADHD, which she reported as effective. She was prescribed Concerta when she
Cook 001215
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was first diagnosed with ADHD in 2008 but reported it as ineffective. In addition, she was
prescribed Propanol in 2010 due to her psychiatrist believing that she had anxiety.
However, she indicated that the medication was ineffective and caused her to experience
negative side effects. She denied a history of head injury or seizures. She denied any
psychiatric hospitalizations. Her brother has undiagnosed ADHD and learning issues but
receives accommodations in school due to his medical issues.
Nausheen was diagnosed with ADHD in 2008 by a psychiatrist. She received a

neuropsychological evaluation by Dr. Mike Schoenberg in 2010 and was diagnosed with
"ADHD-inattentivetype and Anxiety with depression NOS, moderate to severe." WAIS-IV
scores were as follows: VCI=89, PRI=86, WMI=92, PSI=94, and FSIQ=87. WIAT-II scores
were as follows: Reading=84, Reading Comprehension=111, Spelling=106, and
Arithmetic=112.She reported being in ESOL until age 10 due to being born in Pakistan. She
indicated having "a lot" of tutoring while in primary and secondary school but passed every
FCAT. She reported having the most difficulty with math and Spanish while in high school.
She received a 1010 (1600 is perfect) on the SAT after taking it several times.
FINDINGSAND OBSERVATIONS
This evaluation took place during one testing session. Nausheen was appropriatelydressed
and groomed, with adequate basic functioning and hygiene. Rapport was mostly easy to
establish. Her conversational proficiency was average for her age. Nausheen was
cooperative throughouttesting and appeared to put forth good and consistent effort. She
was persistent on difficult tasks. She appeared to have some difficulty maintaining focus
and would often ask for questions to be repeated. She frequently asked questions about
how respond to particular tasks as she had difficulty followinginstructions. In addition, she
often asked if the task was timed. No articulation problems were evident. She worked
quickly throughout the evaluation. In addition, she tended to make simple mistakes,
especially on math-related tasks. She did not take her stimulant medication on the day of
testing. Hearing was normal and unaided. Vision was aided with eyeglasses.
Nausheen appeared for the evaluation alert and well oriented (able to state her name,
mother's name, date of birth, day of week, city, state, and last two Presidents). She did not
evidence symptoms of psychosis, such as hallucinations, delusions, or ideas of reference.
Nausheen denied any compulsions or obsessions. She did not show homicidal or suicidal
tendencies. She provided her personal history, and it seemed reliable. Nausheen was able
to recall a three word list immediatelyand then five minutes later she recalled two of the
words. She was able to spell the word WORLD forwards and backwards. Nausheen was
able to complete simple math calculations. Her judgmentand insight into her difficulties
are poor as she appeared to downplay the severity of her mental health issues. Speech and
thought processes were goal-directed, logical, and coherent. There was no evidence of a
formal thoughtdisorder.
Motivation/Effort
One component of the evaluation is an assessment for appropriate effort and motivation
Cook 001216
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and consistency of motivationduring the evaluation. On a comprehensive test of cognitive
effort, Nausheen achieved passing scores on all indices. Results suggested that she
exhibited consistent effort and motivation on cognitive testing, and obtained scores that
accurately estimate her true cognitive capabilities.
Intellectual
On the Wechsler Adult Intelligence Scale Fourth Edition (WAIS-IV), Nausheen's overall
-
intellectualfunctioning fell within the Low Average range. Her FSIQ was a standard score of
89. However, her GAI, a measure of overall cognitive capability factoring out attentional
issues, was a standard score of 95.1 Her verbal (96) and perceptual reasoning (94) abilities
fell within the Average range, and her working memory (89) and processing speed (81)
abilities fell within the Low Average range. Specifically, her perceptual organization fell
within the Superior range. Her range of factual knowledge, numerical reasoning abilities,
abstract verbal reasoning abilities, and word knowledge fell within the Average range. Her
psychomotor speed and accuracy, visual-motor coordination, visual-spatial coordination,
and immediate auditory memory fell within the Low Average range.
Academic
Nausheen's academic skills were measured by the Woodcock Johnson Third Edition:
-
Tests of Achievement. Her overall academic achievement score fell within the Average
range (102). Her broad written language (101), broad reading (96), broad mathematics
(96), math calculation skills (98), written expression (97), ability to apply academic skills
(97), and academic fluency (90; the speed at which she can complete academic tasks) fell
within the Average range. Specifically, Nausheen's ability to orally supply the missing word
from a sentence, analyze and solve math problems, spell orally presented words correctly,
perform simple mathematical computations quickly, write sentences according to
directions, read words aloud from a list, write simple sentences quickly, and perform
mathematical computations fell within the Average range. Her ability to read sentences
quickly and respond "yes" or "no" to each correctly fell within the Low Average range. No
significant discrepancies were found among her reading, writing, and math achievement
scores.
Abbreviated Neuropsychological
Overall auditory and visual attention performance on the IVA (a 15-minute long, boring
vigilance task) was below average. Selected subtests of the WRAML-II were administered
and she performed in the Low Average range for both immediate and delayed recall of
auditory memory. She also performed in the Low Average range on the recognition portion
of this task. Graphomotor accuracy and spatial awareness copying a complex geometric
This examiner recommends use of Nausheen's General Ability Index (GAI), as opposed to the Full Scale IQ,
'
due to her depressed working memory and processing speed abilities. It is recommended practice to derive
the GAI when there are large disparities among the Composite/Index scores.
Cook 001217
A-1255
design (the Rey Complex Figure) was average. She performed in the Impaired range for
immediate and delayed recall of visual stimuli. She performed in the Borderline range on
the recognition portion of this task. On a test of persistence, attentiveness, and visual
scanning, her processing speed was in the Average range, with no errors. On a similar but
more complex task requiring greater organizational and planning skills, her score was in
the Average range, again with no sequencing errors. On the Working Memory index of the
WAIS-IV, she performed in the Low Average range for attention and working memory. In
terms of language functioning, her naming abilities were found to be in the Impaired range.
She performed in the Low Average range on a timed test of verbal fluency and reasoning.
SUMMARY
Nausheen is a 29-year-old female who was seen for an evaluation to assess her current
level of functioning and eligibility for vocational rehabilitation services. She was referred
for the evaluation by Rockne Lee from the Division of Vocational Rehabilitation.
During the clinical interview and throughoutthe formal testing, Nausheen presented as a
cooperative yet anxious individual. Her mental status was within normal limits. Motivation
and effort on cognitive testing appeared consistent as she passed a comprehensive test of
effort and motivation. As a result, results of cognitive testing are deemed as a valid
indicator of her true cognitive functioning.
Nausheen's overall intellectual ability fell within the Low Average and Average ranges
(FSIQ=89, GAI=95), which is commensurate with previous testing. Her verbal (96) and
perceptual reasoning (94) abilities fell within the Average range, and her working memory
(89) and processing speed (81) abilities fell within the Low Average range. Overall,
intellectualtesting revealed relative weaknesses in her working memory and processing
speed abilities. In addition, results of an abbreviated neuropsychological evaluation
evidenced weaknesses in naming abilities, attention, and visual memory. Results of a
previous neuropsychological evaluation indicated a diagnosis of ADHD and results of the
current evaluation were commensurate with that diagnosis. Nausheen reported
longstanding attention-relateddifficulties and current treatmentvia medication. As a result
of a review of all available information, Nausheen will be diagnosed with Attention-
Deficit|HyperactivityDisorder, Predominantly InattentiveType.
Regarding academic achievement, Nausheen's overall academic abilities fell within the
Average range (102), which is mostly commensurate with previous testing. Her overall
writing (101), reading (96), and math (96) skills were average. In addition, her academic
fluency (90) was average. Overall, no significant academic issues were reported by
Nausheen and testing was mostly commensurate with her report and intellectual
functioning. As a result, Nausheen will not receive a specific learning-related disorder
diagnosis. Any learning difficulties are felt to be residual to her ADHD and anxiety.
From a psychological perspective, Nausheen denied experiencing current mental health

issues; however, she reported experiencing anxiety and depression symptoms in the past
Cook 001218
A-1256
residual to life stressors (i.e., her cousin's and grandmother's deaths and her dismissal
from medical school). In addition, she admitted to having suicidal ideation at the time of
her medical school dismissal. A previous evaluation indicated anxiety and depression
symptoms and she was previously treated for these symptoms via medication. Although,
Nausheen denied experiencing current related symptoms, she is felt to have poor insight
into her difficulties and appeared anxious during the evaluation. In addition, psychological
testing was not administered as it was not requested by the Division of Vocational
Rehabilitation. She also may be downplayingthe severity of her mental health symptoms
due to cultural factors or her desire to be readmitted into medical school. However, her
anxiety may significantly exacerbate her attention-related difficulties if not properly
treated. As a result of a review of all available information, Nausheen will receive a rule out
for Anxiety Disorder Not Otherwise Specified.
Regarding employability and educational ability, no significant intellectual issues were

found; however, her average intellectual functioning may make it difficult for her to
complete medical school and subsequently work as a physician due to the complexityof
related tasks. It is not impossible, but her average intellectualfunctioning will most likely
make it difficult. In addition, significant attentional issues were found that are felt to
impact her ability to perform certain work and education-related tasks due to poor
attentionalcontrol, being easily distracted, and difficulty completing detail-orientedtasks.
Her anxiety symptoms and lack of insight may also negatively impact her ability to be
successful in a highly stressful work or educational environment. In addition, if she is
focused on completing medical school and becoming a physician, she needs to learn better
coping skills as to not let life stressors, big or small, affect her so intensely. However, she is
felt to have a strong work ethic and be determined to complete medical school, which may
play in her favor and help her complete related requirements. No physical limitations were
reported or evident that are felt to affect her ability to work.
DIAGNOSIS:
Axis I: (314.00) Attention-Deficit|HyperactivityDisorder, Predominantly Inattentive

Type
Rule Out Anxiety Disorder Not Otherwise Specified
Axis II: (V71.09) No Diagnosis
Axis III: None
Axis IV: Educational stressors, financial stressors
Axis V: Current GAF 55
RECOMMENDATIONS:
Based results and

on test interpretations made in this report, the following
recommendations are offered:
1. Due to Nausheen's ADHD, medical school personnel are encouraged to provide her
with the following accommodations: (a) preferential seating in the front of the
Cook 001219
A-1257
classroom, (b) use of an agenda book, (c) taking exams in a quiet environment(i.e.,
separate room) with few distractions, (d) receiving extra time (50%, time and a
half) on assignments and exams, (e) ability to record class lectures, and (i) receipt
of PowerPoint presentations before class time.
2. Individual counseling is recommended to help Nausheen understand and deal with

her emotions and have better control over them. Counseling efforts might focus on
teaching her strategies for improving her attentional control, helping her gain
insight into her difficulties, addressing her anxiety symptoms, helping her cope with
life stressors, and teaching her necessary coping skills.
3. A medication evaluation with a psychiatrist is recommended to determine the

appropriate treatmentfor her mental health and ADHD symptoms.
4. Nausheen may benefit from the following books: SOShelp for emotions: Managing
anxiety, anger, and depression (2nd Edition) by Lynn Clark, The anxietyand phobia
workbook (5th Edition) by Edmund Bourne, More attention, less deficit: Success
strategies for adults with ADHD by Ari Tuckman, and Taking charge of adult ADHD
by Russell Barkley.
5. Given Nausheen's elevated levels of anxiety, she would likely benefit from
instruction in some relaxation strategies (e.g., deep breathing, imagery, yoga). In
addition, she should be taught to utilize positive self-statementswhen encountering
difficulties.
Thank you for the opportunity to participate in Nausheen's care. Please contact me at (941)
363-0878 or by e-mail at drstefanie@medpsych.net should you have any additional
questions or concerns.
Stefanie J. Mihalopoulos, Ph.D.

Licensed Psychologist / Neuropsychologist
FL License #: PY8604
Comprehensive MedPsych Systems, Inc.
Cook 001220
A-1258
SUMMARY OF TEST SCORES
WechslerAdult Intelligence Scale -

Fourth Edition
Composite Score Average =
100 ±15
Scaled Score Average = 10 ±3
General Ability Index=95
Scale Composite Percentile 90% Confidence Classification

Score Rank Interval
Verbal Comprehension (VCI) 96 39 91-101 Average
Perceptual Reasoning (PRI) 94 34 89-100 Average
Working Memory (WMI) 89 23 84-95 Low Average
Processing Speed (PSI) 81 10 76-90 Low Average
Full Scale (FSIQ) 89 23 86-93 Low Average
Subtests Scaled
Score
Block Design 7
Similarities 9
Digit Span 6
Matrix Reasoning 14
Vocabulary 9
Arithmetic 10
Symbol Search 7
Visual Puzzles 6
Information 10
Coding 6
ii
Cook 001221
A-1259
Woodcock-Johnson III (NormativeUpdate): Tests of Achievement
CLUSTER / Test Average
= 100 ±15
Standard 95% Confidence AE GE

Cluster Score Interval
Academic Skills 102 99-104 >30 13.0
Academic Fluency 90 88-92 13-4 7.9
Academic Applications 97 96-99 18-8 12.7
Broad Reading 96 95-97 16-4 10.9
Broad Mathematics 96 95-98 16-8 11.3
Broad Written Language 101 98-104 >28 13.0
Math Calculation Skills 98 96-101 17-8 12.0
Written Expression 97 94-99 14-6 9.1
Subtests Scaled
Score
Letter-Word Identification 97
Reading Fluency 88
Calculation 103
Math Fluency 90
Spelling 106
Writing Fluency 96
Passage Comprehension 103
Applied Problems 94
Writing Samples 97
Cook 001222
A-1260
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
NAUSHEENZAINULABEDDIN,
Plaintiff,
v. Case No.: 8:16-cv-00637-JSM-TGW
UNIVERSITY OF SOUTHFLORIDA
BOARD OF TRUSTEES,
Defendant.
DEFENDANT'SAMENDEDOBJECTIONSAND ANSWERS
TO PLAINTIFF'S FIRST SET OF INTERROGATORIES
COMES NOW Defendant, University of South Florida Board of Trustees ("University"),
pursuant to Rule 33 of the Federal Rules of Civil Procedure, and serves its Amended Answers and
Objections to Plaintiff's First Set of Interrogatories, stating as follows:
GENERALOB.JECTIONS
l. Defendant objects to Plaintiff's First Interrogatories to the extent that they seek to
impose requirements that exceed or differ from the requirements of the Federal Rules of Civil
Procedure.
2. Defendant objects to Plaintiff's First Set of Interrogatories to the extent they seek
information protected by the attorney-client privilege, the work product privilege, or any other
applicable privilege. Any inadvertent disclosure by Defendant of any information protected by any
privilege shall not constitute a waiver of that privilege.
EXHIBIT UX)
A-1261
ANSWERS AND OBJECTIONS
INTERROGATORYNO. 1
State fully and in detail all reasons for final dismissal of Zainulabeddin from the USF
Morsani College of Medicine Medical Doctor program in May 2013.
RESPONSE TO INTERROGATORYNO. 1
Plaintiff was dismissed from the Medical Doctor program due to her record of poor
academic performance.
INTERROGATORYNO. 2
In regards to the students enrolled in the USF Doctor of Medicine program ("USF MD
students") in the 2012-13 academic year, state the following information:
a. Total number of USF MD Students enrolled in that academic year;
b. Number of USF MD Students enrolled in that academic year who were on academic
probation status during some portion of that academic year;
c. Number of USF MD Students enrolled in that academic year who received
accommodations of disability during that academic year;
d. Number of USF MD Students enrolled in that academic year who were on academic
probation status during some portion of that academic year and who also received accommodations
of disability during that academic year;
e. Number of USF MD Students enrolled in that academic year on behalf of whom a
Memorandum of Accommodations was provided to the USF Morsani College of Medicine by
USF's Students with Disabilities Services; and
f. Number of USF MD Students enrolled in that academic year on behalf of whom a
2
A-1262
USF's Students with Disabilities Services and who also were on academic probation status during
some portion of that academic year.
a. 554
b. 19
c. 8
d. 3
e. 8
f. 3
INTERROGATORYNO. 3
In regards to the students enrolled in the USF Doctor of Medicine program ("USF MD
students") in the 2011-12 academic year, state the following information:
a. Total number of USF MD Students enrolled in that academic year;
b. Number of USF MD Students enrolled in that academic year who were on academic
probation status during some portion of that academic year;
c. Number of USF MD Students enrolled in that academic year who received
accommodations of disability during that academic year;
d. Number of USF MD Students enrolled in that academic year who were on academic
probation status during some portion of that academic year and who also received accommodations
of disability during that academic year;
e. Number of USF MD Students enrolled in that academic year on behalf of whom a
USF's Students with Disabilities Services; and
3
A-1263
f. Number of USF MD Students enrolled in that academic year on behalf of whom a
USF's Students with Disabilities Services and who also were on academic probation status during
some portion of that academic year.
a. 498
b. 20
c. 8
d. 2
e. 8
f. 2
INTERROGATORYNO. 4
In regards to the email attached hereto as Exhibit A, titled "Professionalism," state the
following information:
a. The source or sources of reports that some USF MD Students took the final
Evidence Based Medicine ("EBM") examination in Evidence Based Clinical Reasoning II
("ECBR II") as a group;
b. The approximate number of USF MD Students known or believed to have taken
the final EBM examination in ECBR II as a group in the 2012-13 academic year;
c. The title of the "clearly stated test policy" prohibiting taking the final EBM
examination in ECBR II as a group, and the full text of the relevant portion or portions of that
policy;
4
A-1264
d. All actions taken to penalize students who took the final EBM examination as a
group;
e. All actions taken to discourage similar future violations of the test policy; and
f. All actions taken to maintain fairness for students who did not take the final EBM
examination as a group, such as any adjustments to the grading curve to prevent honest students
from being unfairly penalized for the violations of the test policy by those students who took the
test as a group, and/or any other actions to maintain fairness.
a. An anonymous e-mail was sent to Professor Ambuj Kumar stating that several
unnamed students had taken the exam as a group.
b. Unknown, as there was no way to identify the individuals who allegedly engaged
in this behavior.
c. From the section IV.C.6. of the August 2012 USF College of Medicine Student
Handbook, titled "Academic Honesty Guidelines" (page 27):
Students attending the USF Morsani College of Medicine are awarded academic
degrees in recognition of successful completion of coursework in the study of
medicine. Each individual is expected to earn his or her degree on the basis of
personal effort. Consequently, any form of cheating on examinations or plagiarism
on assigned papers constitutes unacceptable deceit and dishonesty. Disruption of
the classroom or teaching environment is also unacceptable. Unprofessional
behaviors cannot be tolerated in the university community and will be punishable,
according to the seriousness of the offense, in conformity with established rules and
procedures.
d. None, because there was no way to identify who allegedly engaged in this behavior,
or if there was even validity to the claim.
e. The e-mail to the class attached as Exhibit A to Plaintiff's First Set of
Interrogatories.
5
A-1265
f. None. There was no way to determine whether or not the anonymous allegation of
collaboration was even true.
INTERROGATORYNO. 5
In regards to the review of progress of USF MD students by the Academic Performance
Review Committee ("APRC") during the 2012-2013 academic year, state the following
information:
a. All ways in which APRC's review of progress of students who are not on academic
probation status differs from APRC's review of progress of students who are on academic
probation status;
b. All actions that APRC is authorized to take in regards to students who are not on
academic probation status;
c. All actions that APRC is authorized to take in regards to students who are on
academic probation status;
d. All grounds for dismissal of students who are not on academic probation status;
e. All grounds for dismissal of students who are on academic probation status;
f. As to students who are not on academic probation status, all grounds for placing
such students on leave of absence status and/or on suspension status; and
g. As to students who are on academic probation status, all grounds for placing such
students on leave of absence status and/or on suspension status.
a. The APRC's review of progress of students who are on academic probation only
differs from those not on academic probation inasmuch as the committee must also review progress
6
A-1266
to date, which may result in additional actions such as repeating a year or dismissal. Otherwise,
there is no difference.
b. The APRC is authorized to promote, require remediation (e.g., repeat part or all of
a course), dismiss a student, and/or place a student on a leave of absence.
c. Same as b., above.
d. It would be unlikely that a student who is not on academic probation would be
dismissed for a single course failure. Exceptions could include, but would not be limited to, an
egregious lapse in professionalism (such as cheating/plagiarism).
e. Grounds would typically be a record of failure in course work or on the United
States Medical Licensing Examination (USMLE) Step exams, as well as for an egregious lapse in
professionalism (such as cheating/plagiarism).
f. The APRC may recommend that a student be placed on a Leave of Absence if the
student is judged to be capable of completing the M.D. degree within the allotted time limits of
the M.D. degree, but has current academic or non-academic problems that make ongoing
enrollment detrimental to the student's best interest.
g. Same as f., above.
INTERROGATORYNO. 6
Describe fully and in detail the policy or practice pursuant to which Dr. Steven Specter
("Specter") referred Zainulabeddin for a Neuropsychological Evaluation by Dr. Mike Schoenberg
("Schoenberg"), including the following information:
a. The monetary charge, to Zainulabeddin and/or to her medical insurance provider,
for the Neuropsychological Evaluation of Zainulabeddin provided by Schoenberg;
7
A-1267
b. Whether or not Specter acted in his capacity as an agent or employee of USF when
referring Zainulabeddin for Neuropsychological Evaluation;
c. Whether or not Schoenberg acted in his capacity as an agent or employee of USF
in carrying out his Neuropsychological Evaluation of Zainulabeddin;
d. Whether this Neuropsychological Evaluation was carried out pursuant to Section
IV(D)(4)(b)(i)(e) of the Student Handbook for the USF College of Medicine M.D. Program
("Student Handbook") for the 2009-2010 academic year (or pursuant to an equivalent section of
the Student Handbook for another academic year);
e. Whether this Neuropsychological Evaluation of Zainulabeddin did or did not
constitute an "independent evaluation . . by . a practitioner chosen by the [Academic Performance
Review] Committee [that] shall be without cost to the student and shall result in a report being
forwarded to the Committee," pursuant to the final sentence of Section IV(D)(4)(b)(i)(e) of the
Student Handbook for the 2009-2010 academic year (or pursuant to an equivalent section of the
Student Handbook for another academic year); and
f. Whether USF continues to maintain a policy or practice of providing independent
evaluations of certain USF MD students free of charge, and if not, the date on which such policy
or practice was discontinued or otherwise ceased to be in effect.
a. There was no charge to Plaintiff.
b. Objection. Sub-part b. of Interrogatory No. 6 requests only a conclusion of law,
which is improper.
c. Objection. Sub-part c. of Interrogatory No. 6 requests only a conclusion of law,
which is improper.
8
A-1268
d. It was recommended to Plaintiff that she undergo the Neuropsychological
Evaluation pursuant to Section IV(D)(4)(b)(i)(e) of the Student Handbook.
e. It did not constitute such an examination.
f. This practice was canceled in approximately February 2011.
DATED this 12th day of October 2016.
Respectfully submitted,
CONSTANGY, BROOKS,
SMITH & PROPHETE, LLP
200 W. Forsyth St.
Ste. 1700
Jacksonville, Florida 32202
Telephone: (904) 356-8900
Facsimile: (904) 356-8200
By: Is/ J.Ray Poole

J.Ray Poole
Florida Bar No.: 983470
RPoole@Constangy.com
Attorneys for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 12th day of October 2016 I served a copy of the foregoing
Amended Objections and Responses to Plaintiff's First Set of Interrogatories via e-mail and U.S.
Mail on the following:
Stanley R. Apps
1950 Elkhorn Court, Unit #147
San Mateo, CA 94403
Stan.Apps@Gmail.com
/s/ J. Ray Poole

Attorney
9
essiona!!s
Stevenson, Frazier
To: Ust: COM 2015 Mad List (2015\
A-1269 A 4A & Actions
Wednesaay coeruary 13. 2053 8 13 PM
Dear Class:
Recently, in an effort to engage in edult learning and essessment, Dr. Kumar gave you the final EBCR EBM quiz at home online. As
you know, the test was supposed to be taken individually without any assistance from fellow students. It has been reported to us that
several of your classmates took the test as a group. While it is encouraging in concept to hear that students enjoy working in groups,
in this case it was a violation of the clearly stated test policy and represents a lapse in professional behavior. This type of lapse, if
repeated, will lead to adverse long term outcomes for you in your professional career. We hope that any who engaged in this action
would reflect on this and consider the consequences of their behavior on the learning environment, on the trust of their professors
in student behavior, and on colleagues who live by the professionalism code.
A very relevant quote which summarizes the incident: "Integrity, Intelligence, Energy - without the first, the other two will kill
you" by Sun Tzu (ancient manuals of war and conquest).
-
Best wishes
Drs Stevenson, Specter, and Kumar
EXHIBIT
g
A-1270
TAMPA DIVISION
PlaintifT,
BOARD OF TRUSTEES,
Defendant.
DEFENDANT'SOBJECTIONSAND ANSWERS
TO PLAINTIFF'S THIRD SET OF INTERROGATORIES
pursuant to Rule 33 of the Federal Rules of Civil Procedure, and serves its Answers and Objections
to Plaintiff Third
s Set of Interrogatories, stating as follows:
GENERALOBJECTIONS
1. Defendant objects to Plaintiff's Third Set of Interrogatories to the extent that they
seek to impose requirements that exceed or differ from the requirements of the Federal Rules of
Civil Procedure.
2. Defendant objects to Plaintiff s Third Set of Interrogatories to the extent they seek
EXHIBIT
g
4226835v.1
A-1271
INTERROGATORYNO. 9
Identify with specificity the "new information made available to the Committee which was not
available to them at the previous meeting" referred to in the letter from the APRC to
Zainulabeddin, dated February 21, 2012 and attached hereto as Exhibit A?
Plaintiff's neuropsychiatric evaluation by Dr. Schoenberg.
INTERROGATORYNO. 10
In regards to the "new information" referred to in Exhibit A, identify the person or persons who
provided this information to the APRC and identify each document, communication and/or
meeting by which this information was transmitted to the APRC and/or to members thereof,
including the date of each such document, communication and/or meeting.
Plaintiff's neuropsychiatric evaluation was provided to the APRC by hand from Dr. Specter.
INTERROGATORYNO. 11
In regards to the "new information" referred to in Exhibit A, state and explain why the new
information caused the APRC to overturn the decision to dismiss Zainulabeddin from the MD
program of the Morsani College of Medicine.
In light of the information contained in the neuropsychiatric evaluation, the APRC felt that it would
be appropriate to permit Plaintiff to return to the College of Medicine under the conditions outlined
in Exhibit A.
INTERROGATORYNO. 12
Identify all members of the APRC on the following critical dates and/or critical periods of time:
4226835v.1
A-1272
a. between January 5, 2012 and February 21, 2012;
b. between March 14, 2013 and April 5, 2013;
c. October 6, 2011;
d. June 3, 2010; and
e. May 12, 2011.
The following individuals were on the APRC during the 2010-2011 academic year:
Alicia Monroe
Joanne Valeriano-Marcet
Hugo Narvarte
Lois Nixon
Stanley Nazian
Saundra Stock
Samuel Saporta
William Johnson
Craig Doupnik
Orhan Arslan
Larry Mengelkoch
Ambuj Kumar
Deborah Roth
Mudra Kumar
Ambuj Kumar
Deborah Roth
Sumeeta Mazzarolo
Elizabeth Warner
Marion Ridley
Donald Wheeler
Jamie Shutter
Richard Schrot
Hugo Narvarte
Charles Preuss
Jahanshah Amin
Susan Pross
Ingrid Bahner
Anish Zachariah
James Gillen
Frazier Stevenson
4226835v.1
A-1273
Kevin O'Brien
Robert Nelson
Barbara Lubrano
Rossitza Chichkova
James Mayer
Shelly Holmstrom
Kira Zwygart
Steven Goldin
Jennifer Cox
Joanne Valeriano-Marcet
The following individuals were on the APRC during the 2011-2012 academic year:
Alicia Monroe
Hugo Narvarte
Candace Mateja
Stanley Nazian
Andreas Seyfang
William Johnson
Samuel Saporta
Craig Doupnik
Orhan Arslan
Larry Mengelkoch
Ambuj Kumar
Kira Zwygart
Joanne Valeriano
Saundra Stock
Susan Pross
Ingrid Bahner
Charles Preuss
Jahanshah Amin
Donald Wheeler
Deborah Roth
Anish Zachariah
James Gillen
Frazier Stevenson
Kevin O'Brien MD
Robert Nelson
Barbara Lubrano
Rossitza Chichkova
James Mayer
Shelly Holmstrom
James Brownlee
4226835v.1
A-1274
Vinita Kiluk
Steven Goldin
The followingindividuals were on the APRC during the 2012-2013 academic year:
i
Alicia Monroe
Hugo Narvarte
Candace Mateja
Andreas Seyfang
Stanley Nazian
Craig Doupnik
William Johnson
Orhan Arslan
Ambuj Kumar
Allesa English
Joanne Valeriano
Saundra Stock
Susan Pross
Ingrid Bahner
Charles Preuss
Jahanshah Amin
Donald Wheeler
Deborah Roth
Kevin O'Brien
Brian Knox
Barbara Lubrano
Rossitza Chichkova
James Mayer
Shelly Holmstrom
Vinita Kiluk
Janelle Pegg
Steven Goldin
4226835v.1
A-1275
DATED this 18th day of November 2016.
CONSTANGY, BROOKS,
200 W. Forsyth St.
Ste. 1700
Telephone: (904) 356-8900
Facsimile: (904) 356-8200
By: Is/ J. Ray Poole

J.Ray Poole
RPoole @ Constangy.com
18th
I HEREBY CERTIFY that on the day of November 2016 I served a copy of the
foregoing Objections and Responses to Plaintiff's Third Set of Interrogatories via e-mail on the
following:
Stanley R. Apps
San Mateo, CA 94403
Stan.Apps@Gmail.com
/s/ J. Ray Poole

Attorney
4226835v.1
A-1276
TAMPA DIVISION
Plaintiff,
BOARD OF TRUSTEES,
Defendant.
DEFENDANT'SAMENDEDOBJECTIONSAND RESPONSES
TO PLAINTIFF'S FIRSTREQUESTFOR ADMISSIONS
pursuant to Rule 36 of the Federal Rules of Civil Procedure, and serves its Amended Objections
and Responses to Plaintiff's First Request for Admissions, stating as follows:
GENERALOB.JECTIONS
1. Defendant objects to Plaintiff's First Request for Admissions to the extent that they
seek to impose requirements that exceed or differ from the requirements of the Federal Rules of
Civil Procedure.
2. Defendant objects to Plaintiff's First Request for Admissions to the extent they seek
EXHIB1T g
A-1277
OBJECTIONSAND RESPONSES
1. Admit or deny that students of the Morsani College of Medicine enter into a
contractual relationship with USF at the time when they accept admission into Morsani
College of Medicine.
Objection. Request No. 1 seeks an admission to a conclusion of law, which is improper.
2. Admit or deny that, as a condition of accepting admission into Morsani College

of Medicine and matriculating thereto, prospective students must enter into a contractual
relationship with USF.
3. Admit or deny that one or more terms and conditions of the contractual
relationship between USF and Morsani College of Medicine are stated in the offer letter
offering admission to Morsani College of Medicine.
4. Admit or deny that the offer letter sent by USF offering admission to Morsani
College of Medicineis an offer to enter into a contractual relationship with USF.
5. Admit or deny that one or more terms and conditions of the contractual relationship
between USF and current students of the Morsani College of Medicine are stated and/or
reproduced in each academic year's edition of the Student Handbook for the USF College of
Medicine M.D. Program.
6. Admit or deny that in the 2009-2010 academic year, that year's edition of the
Student Handbook for the USF College of Medicine M.D. Program stated and/or reproduced
one or more terms and conditions of the contractual relationship between USF and current
students of USF Morsani College of Medicine.
8. Admit or deny that in that year's edition of the

the 2011-2012 academic year,
2
A-1278
10. Admit or deny that in the 2009-2010 academic year, USF Morsani College of
Medicine had a policy of providing Neuropsychological Evaluationto certain students of
Morsani College of Medicine, for the purpose of assessing disability status.
Denied.
11.Admit or deny that in the 2010-2011 academic year, USF Morsani College of
Morsani College of Medicine, for the purpose of assessing disability status.
Denied.
12. Admit or deny that USF Morsani College of Medicine provided Zainulabeddin
with a NeuropsychologicalEvaluation.
Admitted.
13. Admit or deny that Dr. Mike Schoenberg, a faculty member at USF Morsani
College of Medicine, acted as an agent of USF when he provided Zainulabeddin with a
NeuropsychologicalEvaluation.
14. Admit or deny that in the 2009-2010 academic year, USF Morsani College of
Morsani College of Medicine, either free of charge or at a reduced price.
Denied.
15.Admit or deny that in the 2010-2011 academic year, USF Morsani College of
Morsani College of Medicine, either free of charge or at a reduced price.
Denied.
16. Admit or deny that Dr. Steven Specter acted as referring physician in regards
to the NeuropsychologicalEvaluationof Zainulabeddinby Dr. Mike Schoenberg.
Denied.
3
A-1279
17. Admit or deny that Dr. Steven Specter acted in his capacity as an agent or
employee of USF when he referred Zainulabeddinfor a NeuropsychologicalEvaluationby
Dr. Mike Schoenberg.
18. Admit or deny that students of USF Morsani College of Medicine engaged in
prohibited collaboration on the final Evidence Based Medicine ("EBM") examination in
Evidence Based Clinical Reasoning II ("ECBR II") in the 2012-2013 academic year.
Denied.
19. Admit or deny that, other than a brief email reminding students of principles
of professionalism and of the applicable test policies, students who engaged in prohibited
collaboration on the final EBM examination in ECBR II in the 2012-2013 academic year
were not punished by any reduction in grade or by a requirement to retake that examination.
Denied.
20. Admit or deny that the curve in ECBR II in the 2012-2013 academic year was
not adjusted or modified to correct for the possibility that students who engaged in
prohibitedcollaboration on the final EBM examination may have obtained higher grades on
that examination through their violationof the applicable test policies.
Denied.
21. Admit or deny that Zainulabeddin was required to take the final EBM
examination in ECBR II in a more restrictive environmentthan other students.
Denied.
22. Admit or deny that Zainulabeddinhad a passing grade overall in ECBR II in

the 2012-2013 academic year, despite her grade on the final EBM examination, based on the
weighted average of the assessments in the course.
Denied.
23. Admit or deny that Zainulabeddin'sfinal grade for ECBR II was assigned by
Dr. Frasier Stevenson.
Denied.
24. Admit or deny that the final grade for every other student in ECBR II in the
2012-2013 academic year was determined and assigned by either Dr. Ambuj Kumar or Dr.
Deborah Roth.
Denied.
25. Admit or deny that Zainulabeddinreceived a passing score in

an evaluation of
her clinical skills by Dr. Joanne Valeriano during remediation of Doctoring in April 2013.
II
4
A-1280
Admitted.
26. Admit or deny that Zainulabeddin'sfinal dismissal from the USF Doctor of
Medicine program became effective in May 2013.
Admitted.
27. Admit or deny that Zainulabeddinhad successfully completed all remediation

requirements to receive credit for all courses she had failed in the second year of the USF
Doctor of Medicine program, prior to her final dismissal from that program in May 2013.
Denied.
28. Admit or deny that Zainulabeddinhad successfully completed all remediation

requirements to correct all academic deficiencies as to the second year of the USF Doctor of
Medicine program, prior to her final dismissal from that program in May 2013.
Admitted.
29. Admit or deny that if Zainulabeddinhad not been on academic probation

status, she would not have been subject to final dismissal from the USF Doctor of Medicine
program in May 2013.
Denied.
30. Admit or deny that, of the students enrolled in the USF Doctor of Medicine
program ("USF MD students") in the 2012-13 academic year, greater than 30% of those
receiving accommodations of disability were also on academic probation status.
Admitted.
31. Admit or deny that, of the USF MD students enrolled in

the 2012-13 academic
year, greater than 40% of those receiving accommodations of disability were also on
academic probation status.
Denied.
32. Admit or deny that, of the USF MD students enrolled in the 2012-13 academic
Denied.
Denied.
5
A-1281
academic probationstatus.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
Denied.
6
A-1282
Denied.
Denied.
DATED this 12th day of October 2016.
CONSTANGY, BROOKS,
200 W. Forsyth St.
Ste. 1700
Telephone: (904) 356-8900
Facsimile: (904) 356-8200
By: /s/ J. Ray Poole

J.Ray Poole
RPoole @ Constangy.com
7
A-1283
I HEREBY CERTIFY that on the 12th day of October 2016 the undersigned served a copy
of the foregoing Amended Objections and Responses to Plaintiff's First Request for Admissions
on the following:
Stanley R. Apps
San Mateo, CA 94403
Stan.Apps@Gmail.com
Is/ J. Ray Poole

Attorney
8
A-1284
USF
HEALTH Oirect line 813 974-0897
E-mail sapecter@health.usf.edu
March 29, 2013
Disability Services
National Board of Medical Examiners
3750 Market Street Philadelphia, PA 19104-3190
disabilityservices@nbme.org
Dear Disability Services:
I am writing support of Nausheen Zainulabeddin's request for accommodations

in for
USMLg Step Nausheen has completed year 2 of the MD curriculum and is being
1.
sponsoied for USMLE Step 1 by the University of South Florida Morsani College of
Medicine.
Ms. Zainulabeddinhas struggled in the MD curriculum for her first 3 years here and was
required to repeat year 2 entirely. During her initial attempt at year 2 she sought an
educational neuropsychological evaluationand was diagnosed with ADHD, for which she
is providingdocumentation to the NBME. Ms. Zainulabeddinwas placed on appropriate
medication and received additional time and a distraction free environmentfor all of her
year 2 exams during the repeat year. Our examinations use a timed exam period similar
to the USMLE exams. With these accommodations she has been able to successfully
pass all of her examinations this year.
It is on the basis of the positive impact on her educational performancewhile receiving

the accommodations granted that request that the NBME afford Ms. Zainulabeddinthe
I
accommodations requested for USMLE Step 1.
I am available should you have any questions regarding this request.
Thank you for your consideration.
Steven Specter, Ph.D.

Associate Dean for Student Affairs
Professor, Molecular Medicine
Office of Student Affairs Morsani College of Medicine Health Sciences Center

• •
University of South Florida •12901 Bruce B Downs Btvd, MDC Box 4 - (813) 974-2068 • Fax (813) 974-8181
The University of South Florida is an Affirmative Action/Equal Access/Equal Opportunity Institution
EXHIBIT
WE: From Nausheen Appeal Letter USMLE Accomodat... Zainulabeddin, Nausheen 6/24/16, 11:51 AM
Case 8:16-cv-00637-JSM-TGW
&
Document 29-21 Filed 02/19/17 Page 1 of 2 PageID 1482
-
RE: From Nausheen Appeal Letter & USMLE Accomodation Personal

Statement
A-1285
Specter, Steven
Tue 4/2/2013 11:18 AM
To Zainulabeddin, Nausheen <nzainula@health.usf edu>;
May I give the letter to Ms. Cook for the committee meeting?

University of South Florida Morsani College of Medicine

Sent: Tuesday, April 02, 2013 11:15 AM
To: Specter, Steven
Subject: RE: From Nausheen Appeal Letter & USMLE Accomodation Personal Statement
Dear Dr. Specter,

Thank you for the honest feedback. Your guidance throughout the years have enabled me to even be at this level (though
dismissed). I have attached the revised Appeal Letter and made the recommended changes.
Thank You
Nausheen Zainulabeddin, MSII

Morsani USF College of Medicine
From: Specter, Steven

Sent: Tuesday, April 02, 2013 7:51 AM
To: Zainulabeddin, Nausheen g EXHlBIT Qþo
Subject: RE: From Nausheen Appeal Letter & USMLE Accomodation Personal Statement
Nausheen,
I have looked at the letter and feel that it will certainly convince people you have ADHD as it is overly long and
rambling. I think you need a more succinct and coherent presentation with less detail on some of the external
problems. You do not mention Student Disability Services or Deborah McCarthy, who has been responsible for all
disability judgments for the past 2 years. You mention Dr. Olga, her name is Olga Skalkos and you should use that full
name. At one point you talk about doing poorly in year 7 exams. I think you mean course 7 exams. You seems to skip
around between years 1 and 2 and events that took place. Try to keep a chronological timeline throughout. You
indicate that I recommended what you should do during the appeal process; my recollection is that I informed you of
https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&lt...hlowWuke%2FJAACMfr7lAAA%3D&lsPrintView=1&wid=9&ispopout=1&path= Page l of 2
Fromhausheen Appeal Letter
& USMLE Accomodat... Zainulabeddin, Nausheen 6/24/16,
ME:
Case 8:16-cv-00637-JSM-TGW Document 29-21 Filed 02/19/17 Page 2 of 2 PageID 1483 11:51 AM
-
what you had a right to do but did not make recommendations to you. did indicate that overcoming your deficits was
I
the only likely way that the committee might reconsider their decision but that did not believe that they were I
inclined to do that. believe clarity and accuracy are important in relating events.
I
I have also attached the personal statement with some suggested changes A-1286

Sent: Monday, April 01, 2013 9:06 PM
To: Specter, Steven
Subject: From Nausheen Appeal Letter & USMLE Accomodation Personal Statement
Dear Dr. Specter,

I have attached the Appeal Letter. Let me know what you think of it and if I should make an appointment from the front desk
to meet with you. I have also attached my personal statement for USMLE Accommodations. Since the accommodations
require that you register and pay for the exam prior to submitting the accommodation forms, my family and I decided that
we want to wait until Thursday after the appeal since $535 is a pricey investment. However, I will have all the materials
ready to be sent out by Thursday. Let me know if anything else is required on my behalf.
Thank You
USF Morsani College of Medicine
https://outlook.office365.comfowa/?viewmodel=ReadMessageltem&lt...lowWuke%2FJAACMfr7\AAA%3D&lsPrintView=1&wid=9&ispopout=1&path= Page 2 of 2
Zainulabeddin, Nausheen
RE: Exam 3
6/24/16, 11:37 AM
-
RE: Exam 3 A-1287

Specter, Steven
Thu 2/28/2013 9:00 AM
Zainulabeddin, Nausheen <nzainula@health.usf edu>; Wheeler, Donald <dwheeler@health.usf edu>;
Stevenson, Frazier <fstevens@health.usf edu>;
Nausheen,
It really is not acceptable that you keep asking to have exams postponed. You will not be permitted to do this
throughout next year. If you want any further exams postponed you must get SDS to document that this is directed
from them.


Sent: Thursday, February28, 2013 8:16 AM
To: Wheeler, Donald
Cc: Specter, Steven
Subject: Exam 3
Dear Dr. Wheeler,
I have not had sufficient time to study for Exam 3 for past 2 weeks. Due to the alteration in medication required, I had to
postpone taking the exam 2 on Wednesday where I lost about 2-3 days of studying for exam 3. With medications not
working for 3 week time interval before exam 2, it prevented my sufficient preparation for clinical Exam, Immunology
presentations and all the requirements on our behalf as we are finishing off the year. Today is primarily the only day I will
have to study for the exam. I have a 75 in the course and I would like to do everything possible to make sure I pass the next
exam. Since I am a repeater and on Academic Probation it is detrimental I pass the exam on a solid note to pass Course 7
and remain in the program since I cannot have any further deficiencies. I acknowledge I had asked for extension on the last
e×am, but I want you to know I have been doing everything possible despite difficulties this year to finish off the year on
timely manner so I can start Board studying as close as possible to my peers. I have attached the Exam 3 Absent Request.
Thank You.
USF Morsani College of Medicine g
EXH181T
gg
https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&lt...lowWuke%2FJAACMfrujAAA%3D&lsPrintView=1&wid=45&ispopout=1&path= Page 1 of 1
Case 8:16-cv-00637-JSM-TGW Document 30 Filed 02/19/17 Page 1 of 2 PageID 1485
A-1288
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
NAUSHEEN ZAINULABEDDIN,
Plaintiff,
v. Case No.: 8-16-cv-00637-JSM-TGW
UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES,
Defendant.
______________________________________/
PLAINTIFF’S NOTICE OF FILING COMPLETE

DEPOSITION TRANSCRIPT OF DR. AMBUJ KUMAR,
IN SUPPORT OF PLAINTIFF’S RESPONSE IN OPPOSITION TO
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the
Plaintiff, Nausheen Zainulabeddin, by and through her undersigned counsel,
hereby files the complete Deposition transcript of Dr. Ambuj Kumar, M.D., in
support of Plaintiff’s Response in Opposition to Defendant’s Motion for
Summary Judgment.
Plaintiff notes that Dr. Kumar’s deposition was previously filed by
Defendant, at Dkt. 23-4, but that the version filed by Defendant is incomplete,
and omits Exhibit 16 to said deposition. To correct this error, Plaintiff now files
the deposition in its entirety.

A-1289
Respectfully submitted on this 19th day of February, 2017.
/s/ Stanley R. Apps
Stanley R. Apps, Esq.

FL Bar. No. 0108868
1950 Elkhorn Ct., Unit 147
San Mateo, CA 94403
(310) 709-3966
stan.apps@gmail.com
Attorney for Plaintiff
I hereby certify that on February 19, 2017, I electronically filed the

foregoing with the Clerk of Court by using the CM/ECF system, which will
send a Notice of Electronic Filing to all counsel of record herein.
/s/ Stanley R. Apps

A-1290
·1· · · · · · · · UNITED STATES DISTRICT COURT
· · · · · · · ·FOR THE MIDDLE DISTRICT OF FLORIDA
·2· · · · · · · · · · · ·TAMPA DIVISION
·3· · · · · · CASE NUMBER: 8-16-cv-00637-JSM-TGW
·4
·5· ·NAUSHEEN ZAINULABEDDIN,
·6· · · · · · ·Plaintiff,
·7· ·vs.
·8· ·UNIVERSITY OF SOUTH FLORIDA

· · ·BOARD OF TRUSTEES,
·9
· · · · · · · ·Defendant.
10· _________________________________/
11
12· · · · · ·30(b)(6) DEPOSITION OF DR. AMBUJ KUMAR
13· · · · · · · Taken on Behalf of the PLAINTIFF
14
15· · · ·DATE TAKEN:· · · · ·December 9, 2016
16· · · ·TIME:· · · · · · · ·9:11 a.m. - 10:54 a.m.
17· · · ·PLACE:· · · · · · · U.S. Legal Support

· · · · · · · · · · · · · · ·101 East Kennedy Blvd.
18· · · · · · · · · · · · · ·Tampa, Florida 33602
19
20
21
22
23
24· · · · · · · · Stenographically Reported by:

· · · · · · · · · · · · ·Lisa D. Ortega
25· · · · · · · Registered Professional Reporter
A-1291
·1· APPEARANCES:
·2
·3· Counsel for Plaintiff:
·4· · · STANLEY R. APPS, ESQUIRE

· · · · LAW OFFICE OF STANLEY R. APPS, P.A.
·5· · · 1950 Elkhorn Court
· · · · Unit 147
·6· · · San Mateo, California 94403
·7
· · Counsel for Defendant:
·8
· · · · RAY POOLE, ESQUIRE
·9· · · CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
· · · · 200 West Forsyth Street
10· · · Suite 1700
· · · · Jacksonville, Florida 32202
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A-1292
·1· · · · · · · · · · · I N D E X
·2
·3· Called by the PLAINTIFFS
·4· WITNESS:· DR. AMBUJ KUMAR
·5
·6· ·DIRECT EXAMINATION· · · · · · · · · · · · · · ·5
·7· ·BY MR. APPS
·8· ·CERTIFICATE OF OATH· · · · · · · · · · · · · · 73
·9· ·CERTIFICATE OF REPORTER· · · · · · · · · · · · 72
10· ·ERRATA SHEET· · · · · · · · · · · · · · · · · ·70
11· ·Witness Notification Letter· · · · · · · · · · 71
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A-1293
·1· · · · · · · · · · · E X H I B I T S
·2
·3· ·Exhibit Number 1 (02/07/12 USF letter)· · · · ·7
·4· ·Exhibit Number 2 (02/02/12 USF letter)· · · · ·10
·5· ·Exhibit Number 3 (Neuropsychological report)· ·16
·6· ·Exhibit Number 4 (Defendant's Objections and· ·18
·7· ·Answers to Plaintiffs Third Set of
·8· ·Interrogatories)
·9· ·Exhibit Number 5 (Syllabus)· · · · · · · · · · 20
10· ·Exhibit Number 6 (End of course evaluation· · ·28
11· ·grades)
12· ·Exhibit Number 7 (January 2013 emails)· · · · ·30
15· ·Exhibit Number 10 (March 2013 emails)· · · · · 36
16· ·Exhibit Number 11 (March 2013 emails)· · · · · 38
17· ·Exhibit Number 12 (Professionalism email)· · · 40
18· ·Exhibit Number 13 (Zainulabeddin grades)· · · ·43
19· ·Exhibit Number 14 (March 13, 2013 emails)· · · 46
20· ·Exhibit Number 15 (03/14/13 emails)· · · · · · 48
21· ·Exhibit Number 16 (Students' grades)· · · · · ·51
22
23
24
25
A-1294
·1· · · · · · · · · · P R O C E E D I N G S
·2· · · · · ·DR. AMBUJ KUMAR, called as a witness by the
·3· PLAINTIFF, having been first duly sworn, testified as
·4· follows:
·5· · · · · ·THE WITNESS:· Yep.
·6· · · · · · · · · · ·DIRECT EXAMINATION
·7· BY MR. APPS:
·8· · · Q.· ·Good morning.
·9· · · A.· ·Good morning.
10· · · Q.· ·Can you please state your full name for the
11· record?
12· · · A.· ·First name is Ambuj.· Last name is Kumar.
13· · · Q.· ·Okay.· And are you employed by University of
14· South Florida?
15· · · A.· ·Yes.
16· · · Q.· ·Okay.· And what is your job title at the
17· University?
18· · · A.· ·So, again, there are multiple hats, but
19· associate professor and I'm also the course -- co-course
20· director for the course titled Evidence-Based Clinical
21· Reasoning I and II.· It's a longitudinal course, goes
22· from Year I to Year II.
23· · · Q.· ·And how long have you had your current
24· position?
25· · · A.· ·Since 2010, especially with teaching.
A-1295
·1· · · Q.· ·Okay.· And what are your duties as the course
·2· director for the evidence-based clinical reasoning
·3· course?
·4· · · A.· ·So I would be -- duties.· Let me think.· To
·5· deliver the course in the best possible way to the
·6· students, so ensure that we have all the lectures,
·7· preceptors, you know, in place before the course starts,
·8· make sure the syllabus is ready, all the -- whatever is
·9· in the syllabus is accurate, correct, the schedule is on
10· time, student needs are met.· You know, whatever it
11· takes to deliver the content we take care of it.
12· · · Q.· ·Okay.· Do you know Nausheen Zainulabeddin?
13· · · A.· ·She was a student.
14· · · Q.· ·Okay.· Do you know approximately when you met
15· her?
16· · · A.· ·I can't recall, but I'm guessing, I guess. I
17· don't know.· It should be in the records, but I can't
18· recall, but must be 2010, something like that, 2011,
19· 2012 because she repeated I think the years, so that's
20· why -- I'm sure it's a span of three, four years.
21· · · Q.· ·So she was your student in -- she would have
22· been your student first in Evidence-Based Clinical
23· Reasoning I --
24· · · A.· ·Correct.
25· · · Q.· ·-- and then in the second year --
A-1296
·1· · · A.· ·Yes.
·2· · · Q.· ·-- version of the course?
·3· · · A.· ·Yeah.
·4· · · Q.· ·And have you been a member of the Academic
·5· Performance Review Committee at the medical school which
·6· is often called the APRC?
·7· · · A.· ·As a course director, every course director is
·8· a member, so I'm a member, too.
·9· · · Q.· ·Okay.· So I'll just start by entering Exhibit
10· 1.
11· · · · · ·(Exhibit Number 1 was marked for
12· identification.)
13· · · Q.· ·(By Mr. Apps)· Are you familiar with this
14· document?
15· · · A.· ·I think the student -- we see it, but I don't
16· know how you define what is familiar, if you could be
17· more specific.
18· · · Q.· ·Have you seen documents of this type before?
19· · · A.· ·Yeah, looks like it.
20· · · Q.· ·Sure.· What does the document appear to be?
21· · · A.· ·Appear to be?· It looks they're notifying the
22· student of whatever the -- was discussed, you know, in
23· that committee meeting.
24· · · Q.· ·Okay.· The meeting that's referenced here on
25· February 2, 2012, do you know if you attended or did not
A-1297
·1· attend that meeting?
·2· · · A.· ·I can't recall.· I don't know.· I can't recall.
·3· I might be there.· I don't know.
·4· · · Q.· ·I understand.
·5· · · A.· ·I have to look at the calendar and check yes, I
·6· was there or not, but normally I attend.
·7· · · Q.· ·How many -- would you say approximately how
·8· many APRC meetings are there in an academic year?
·9· · · A.· ·I think it's once every month so far that I
10· know of.
11· · · Q.· ·Okay.
12· · · A.· ·If they don't involve me, I don't know, but
13· where I'm involved it's once a month.
14· · · Q.· ·And would you say that you attend the majority?
15· · · A.· ·Yes.
16· · · Q.· ·Are the meetings rather similar or do they vary
17· a great deal in terms of what's discussed?
18· · · A.· ·It's academic performance review so we review
19· students' academic performance, so it's similar, of
20· course.
21· · · Q.· ·So you don't re -- is it fair to say that you
22· don't remember currently the discussion about Ms.
23· Zainulabeddin that happened on February 2, 2012 in the
24· APRC committee?
25· · · A.· ·I mean, I have no -- but I don't know.· Last
A-1298
·1· week I can't recall, so from 2012, you know, because
·2· every month, you know, committee discusses at least, I
·3· don't know -- I have seen seven, eight, nine, 10
·4· students, right?· I can't recall all of them.
·5· · · · · ·And not only that, plus all the documents
·6· whatever is discussed is left in the room, so I don't
·7· remember.· If you ask me specifically I can know
·8· something maybe, I don't know, but --
·9· · · Q.· ·Sure.· Sure.
10· · · A.· ·-- to recall from that time, that day, I don't
11· recall.
12· · · Q.· ·So you would say it would be common to have
13· discussion of as many as seven or eight students in an
14· APRC meeting?
15· · · A.· ·I'm just giving you an example, like I'm
16· recalling last meeting how many we discussed, but always
17· -- that's why this meeting is convened --
18· · · Q.· ·Right.
19· · · A.· ·-- because we discuss students' performance.
20· · · Q.· ·And generally it's students -- it's students
21· who have an academic deficiency?
22· · · A.· ·Correct.
23· · · Q.· ·What qualifies as an academic deficiency?· Is
24· it that a student would have a U grade or could it be
25· some other things as well?
A-1299
·1· · · A.· ·So far that I'm aware of, I can tell you about
·2· my course, normally it's either related to grade.· It
·3· can be related to behavior.· It can be related to
·4· professionalism.· You know, any student's concern,
·5· something going on, I don't know, that's what I know,
·6· but mostly it is about academic performance, but it can
·7· also be about professionalism.
·8· · · Q.· ·Okay.· So I'll enter Exhibit --
·9· · · · · ·MR. POOLE:· Is this mine before I mark on it?
10· · · · · ·MR. APPS:· Yeah, that's your copy.
11· · · · · ·MR. POOLE:· All right.
12· · · · · ·MR. APPS:· I will enter Exhibit 2.
15· · · Q.· ·(By Mr. Apps)· Can you let me know when you've
16· had a chance to look over this, Dr. Kumar?
17· · · A.· ·Yeah.· Go ahead.
18· · · Q.· ·Okay.· Do you recognize this document?
19· · · A.· ·It looks legit.· I mean, USF, we have seen many
20· documents like this, yes.
21· · · Q.· ·Is there anything unusual about this particular
22· one, this February 21st letter to Ms. Zainulabeddin?
23· · · A.· ·No.· It looks like again committee, you know,
24· put stipulations, whatever is discussed, and that's how
25· -- things might differ a little bit here and there, but
A-1300
·1· this is how they normally put it.
·2· · · Q.· ·Is it unusual that here the committee voted to
·3· overturn the decision to dismiss Zainulabeddin from the
·4· MD program?
·5· · · A.· ·No.· Always things happen this way or that way.
·6· · · Q.· ·Okay.
·7· · · A.· ·It's case by case.· There's no -- you know,
·8· people review it, discuss it, pros, cons, whatever, then
·9· they vote.
10· · · Q.· ·Okay.· And when the voting takes place,
11· typically do all the members of the academic performance
12· review committee vote or all the ones who are in
13· attendance as to whether an outcome should happen?
14· · · A.· ·I guess so, yeah.· Yeah.· Also, whoever is in
15· attendance, they vote.
16· · · Q.· ·How about if a student -- if a particular
17· person is the course director for the student and the
18· student has an unsatisfactory grade, for example, in
19· that person's course, would they typically vote?
20· · · A.· ·Normally they recuse themself.
21· · · Q.· ·Okay.· And do you know if Dr. Steven Specter
22· sometimes attends the meetings?
23· · · A.· ·At that time he used to because at that time he
24· was the I think dean of student affairs.
25· · · Q.· ·Okay.· So whoever has the role of dean of
A-1301
·1· student affairs?
·2· · · A.· ·Yes, of course.· Dean of student affairs,
·3· always they'll be there, and they don't -- they also
·4· don't vote.· They don't have voting rights.
·5· · · Q.· ·Now, here in the second sentence -- well, first
·6· off, it seems that this is a -- that this meeting was to
·7· review the decision earlier in February, so in Exhibit 1
·8· we saw that the --
·9· · · A.· ·Maybe, yeah.
10· · · Q.· ·-- the committee met on February 2 and denied
11· an appeal of a dismissal and then so that here it says
12· the committee met on February 16th to review its
13· decision on February 2 to sustain the decision to
14· dismiss you from Morsani College of Medicine MD program.
15· · · · · ·And here it says in the second sentence, "Due
16· to new information made available to the Committee which
17· was not available to them at the previous meeting, the
18· Committee voted to overturn the decision to dismiss
19· you."
20· · · · · ·Do you recollect if you were in attendance at
21· this meeting, and, if so, do you recollect what the new
22· information was that was shared?
23· · · A.· ·I -- I can't.· To be accurate, I can't. I
24· can't remember.
25· · · Q.· ·Okay.· Do you remember if it had anything to do
A-1302
·1· with Ms. Zainulabeddin having some sort of disability or
·2· issue like that?
·3· · · A.· ·Like I said, there were so many meetings about
·4· her over the course of four years and you're asking me
·5· something specifically.· I can't recall exactly and I
·6· like to be accurate and precise.
·7· · · Q.· ·Do you recall any APRC meetings dealing with
·8· Ms. Zainulabeddin over the years that she was at the
·9· medical school where issues were raised related to her
10· having attention deficit disorder?
11· · · A.· ·Again, like I said, I'm not sure, because the
12· problem is -- not problem, but the issue here is like,
13· you know, there were so many meetings, so it must have
14· been raised.· I don't know.· I mean, I can't recall to
15· be precise like people raised it because, like I said,
16· imagine each meeting seven, eight students, every month
17· one happens due to one reason or the other, and we --
18· there's a roster, right, with all the students'
19· pictures, long list, and you are supposed to review a
20· day in advance, then you go there, right, and then
21· people discuss, present, whatever it is, and then people
22· debate, then vote, so they might have brought it up
23· because -- but I'm not sure exactly in this meeting.
24· During the course, must have come into play.
25· · · Q.· ·Okay.· So you said the stipulations on the
A-1303
·1· readmission here that they're pretty typical?
·2· · · A.· ·Yes.· I mean, case by case, so whatever people
·3· discuss specific they will put one, two, three, four,
·4· that -- sometimes it's a warning, sometimes it's a --
·5· what do you call it -- advice to do this, this, this,
·6· stipulations like this, you know, so that students are
·7· on track or catch up or whatever is needed to succeed,
·8· so this is the typical.
·9· · · Q.· ·Is it typical for students who are readmitted
10· to be on academic probation?· That's in number eight
11· there.
12· · · A.· ·Oh, yeah.· The moment there's a deficiency they
13· always put the student on the watch list, that please
14· address it, please -- whatever you need, tell us, if you
15· need any help.· That's standard, that let's keep an eye
16· on because we don't want them to fail.
17· · · Q.· ·So would the first deficiency lead to something
18· like academic warning and then probation would be a
19· little more --
20· · · A.· ·Again, there is -- what do you call that?
21· There are rules.· We follow those procedures, you know,
22· how it is, but this is all happening, keeping in mind --
23· I'm talking about general policy, not necessarily this,
24· but general policy is this, simultaneously there are,
25· God knows, I don't know, 20, 30 something going on at a
A-1304
·1· time, right?· Imagine whole course every day, five
·2· lectures, some tests, so there are too many moving
·3· parts, right, so there is one person who is looking at
·4· longitudinally.· I only know how a student is doing in
·5· my course.· I don't know how they're doing in other
·6· things, so the moment I think they have more than one
·7· deficiency somewhere they are called by the course
·8· director or somebody, hey, what's -- first to understand
·9· what's going on, maybe we can help, etcetera, etcetera,
10· and then still if persists, then -- like even -- but not
11· trigger all this stuff.
12· · · · · ·This is a longitudinal performance and people
13· look at it and then it gets called in, but, again, there
14· are rules on grading like -- I don't know.· I can't
15· recall, but there is stuff like how many failures that
16· you can remediate versus you cannot versus repeat the
17· year, so there are policies in place.
18· · · Q.· ·Is there a particular member of the committee
19· or someone else who sort of checks up on the policies
20· and makes sure that the correct policies are being
21· followed in regards to this?
22· · · A.· ·There's administrators in the meeting, too,
23· student affairs and the registrar office.· They're the
24· one who are -- you know, of course, if somebody makes a
25· recommendation which is not in line they will stop it
A-1305
·1· just like --
·2· · · Q.· ·Okay.
·3· · · A.· ·There's nobody bizarre there.
·4· · · Q.· ·So the people from the registrar's office and
·5· then --
·6· · · A.· ·Yeah, they are there.· Student affairs is
·7· there.· I think some more -- I don't even know the
·8· names, but there's some admin people there.· It's a huge
·9· room where people sit down around the table.
10· · · Q.· ·Let's see.· I guess we'll do this as Exhibit 3.
13· · · Q.· ·(By Mr. Apps)· You don't necessarily have to
14· look at this document in great detail.· I was mostly
15· interested in the question of whether you recall having
16· seen it before.
17· · · A.· ·No.
18· · · Q.· ·Okay.· So to the best of your knowledge, you
19· don't recall reviewing a --
20· · · A.· ·This is I think on relation to student health
21· and people don't get it.
22· · · Q.· ·Okay.· So at an APRC meeting this kind of
23· document like a neuropsychological evaluation, which is
24· what this is, this typically wouldn't be reviewed by the
25· APRC?
A-1306
·1· · · A.· ·No, no.· This is confidential information.
·2· It's health related.
·3· · · Q.· ·Can you remember any instances where the APRC
·4· reviewed neuropsychological evaluations?
·5· · · A.· ·I can't recall, but normally they will --
·6· somebody will simply talk about the problem in general,
·7· like mental health issue or something, but I don't think
·8· so ever I have heard that a particular diagnosis of a
·9· particular person being presented on the table, no.
10· · · Q.· ·Okay.
11· · · A.· ·In general terms, yes, but not specific like
12· this.
13· · · Q.· ·Okay.· So rather than the members of the APRC
14· being given copies of something like a
15· neuropsychological evaluation, maybe someone would
16· briefly summarize the issues?
17· · · A.· ·Not even summarize, because, again, it's
18· protected health information.· It's PHI.· PHI, no matter
19· what, except your treating physician, no one else is
20· supposed to see until given the permission by the
21· student, so they will simply say that has some kind of
22· disability or something.· They will use broad terms, but
23· nothing specific like this about a student.
24· · · Q.· ·Okay.· Good.
25· · · · · ·Okay.· So I guess I'll enter this as Exhibit 4.
A-1307
·1· · · · · ·(Exhibit Number 4 was marked for
·2· identification.)
·3· · · Q.· ·(By Mr. Apps)· You can just look at the second
·4· page there, the -- 9, 10, and 11 and the responses.· The
·5· rest isn't relevant.
·6· · · A.· ·So you want me to look at page two, right?
·7· · · Q.· ·Yeah, so -- yeah, just the things on page two,
·8· exactly.
·9· · · A.· ·Okay.
10· · · Q.· ·So do you remember something happening such as
11· this described in the response to interrogatory nine?
12· · · A.· ·Uh-huh.
13· · · Q.· ·Where it says new information made available to
14· the committee, do you remember the -- being provided
15· Zainulabeddin's neuropsychiatric evaluation by Dr.
16· Michael Schoenberg?
17· · · A.· ·No.· I think Michael Schoenberg was not --
18· normally it is done by student affairs, so, again, not
19· in -- that evaluation is not supposed to be in the room,
20· I'm telling you.· It cannot be.
21· · · Q.· ·Okay.
22· · · A.· ·Simply the -- again, I can't recall
23· specifically, but normally what happens, it's the
24· policy, they will talk in general terms that we just
25· found out that the student had some deficits and due to
A-1308
·1· -- maybe that's the reason why whatever it is happening
·2· and needs some accommodations and we talk about it, but
·3· not Dr. Schoenberg's report or this or that was not be
·4· presented.
·5· · · Q.· ·Okay.· I forgot to ask, do you know Dr. Michael
·6· Schoenberg?
·7· · · A.· ·I know he's a member of the faculty, but I
·8· don't know know him.· I hardly have any interactions
·9· with him.
10· · · Q.· ·Sure.· Sure.· You just know of him as a
11· colleague?
12· · · A.· ·Yeah.
13· · · Q.· ·So number 10 where it says in the response that
14· Zainulabeddin's neuropsychiatric evaluation was provided
15· to the APRC by hand from Dr. Specter, from -- to the
16· best of your knowledge, is that -- would you believe
17· that that's fully accurate?
18· · · A.· ·Could you repeat the question?
19· · · Q.· ·To the best of your knowledge, do you think
20· that that is fully accurate, that the neuropsychiatric
21· evaluation was provided to the members of the APRC by
22· hand from Dr. Specter?
23· · · A.· ·No, I don't think so.· What I'm saying is this.
24· They verbally communicate that message, but I don't
25· think so, the evaluation that you are showing me here,
A-1309
·1· this copy, right, will be circulated ever in APRC to all
·2· members.
·3· · · Q.· ·Okay.
·4· · · A.· ·It's simply verbally communicated, but it's not
·5· that report is circulated around.
·6· · · Q.· ·Would it surprise you if Dr. Specter had
·7· briefly summarized certain information that --
·8· · · A.· ·No.
·9· · · Q.· ·-- that he obtained from the evaluation?
10· · · A.· ·That's the norm, to summarize it, but not
11· circulate the actual report or details.
12· · · Q.· ·Okay.· Thank you.· This will be 5.
15· · · Q.· ·(By Mr. Apps)· You probably won't have to spend
16· a lot of time looking over this, I'm guessing, though I
17· guess maybe you might -- I presume they change a little
18· year to year?
19· · · A.· ·Yeah, it does change.
20· · · Q.· ·Do you recognize this document?
21· · · A.· ·I do.
22· · · Q.· ·What does it appear to be?
23· · · A.· ·It's a syllabus.
24· · · Q.· ·Is this the syllabus for the course for which
25· you are director, Evidence-Based Clinical Reasoning II?
A-1310
·1· · · A.· ·Yes.· For that year, yes.
·2· · · Q.· ·Okay.· And can you briefly describe for the
·3· record the different portions or elements or I guess you
·4· might say moving parts of Evidence-Based Clinical
·5· Reasoning II?
·6· · · A.· ·Yeah.· Sure.· So the students first learn, like
·7· you see in here, large group sessions how to find
·8· evidence for any clinical problem, okay, and once they
·9· find it, then they learn how to determine whether it's
10· reliable or not, can be believed or not using an
11· objective way.· That's what they learn first.
12· · · · · ·Once they learn these tips and tricks, how to
13· quickly search the literature, determine if it's
14· reliable or not, and then whether they can apply to
15· patient care and -- so they learn that.
16· · · · · ·And then they go into small groups where they
17· do the clinical problem solving where, depends year to
18· year, eight to nine students will be in a room, there
19· will be a preceptor, there will be a case, they go over
20· the case and try to use these skills that they learned
21· in these large groups and apply it there.
22· · · · · ·So this one is -- the small group sessions are
23· evaluated by preceptors, okay, which is pass/fail, but
24· the large group sessions, they have to take quiz and do
25· an assignment, so -- and that is graded using numeric
A-1311
·1· grades.
·2· · · Q.· ·Okay.· So what are the elements that go into
·3· the numeric parts of the grade?
·4· · · A.· ·It's a multiple choice quiz.
·5· · · Q.· ·So there's a -- is that the evidence-based
·6· medicine quiz?
·7· · · A.· ·Correct.
·8· · · Q.· ·And so is that the -- I guess I'm looking at
·9· page three, so on page three it indicates that
10· there's an --
11· · · A.· ·Two components.
12· · · Q.· ·-- EBM part and a CPS part?
13· · · A.· ·Yeah.· First part is EBM, then CPS.
14· · · Q.· ·So is the EBM part of the grade, is that based
15· only on the multiple choice quiz or is there anything
16· else involved?
17· · · A.· ·Again, it has evolved over the years, okay, but
18· so far that I could recall there is a quiz.· This is
19· Year II, right?· For that year, if you want to talk
20· about it, I think there was only one quiz and one
21· assignment.
22· · · Q.· ·So one --
23· · · A.· ·I'm guessing.
24· · · Q.· ·-- one CPS assignment?
25· · · A.· ·No, not CPS.· EBS assignment.
A-1312
·1· · · Q.· ·Okay.· And one assignment?
·2· · · A.· ·Yeah.· So here it is, EBM presentations, so
·3· they're on September 18, 2012, yeah.
·4· · · Q.· ·So would you --
·5· · · A.· ·That presentation is an assignment.
·6· · · Q.· ·Okay.
·7· · · A.· ·Where they have to -- again, they are given a
·8· case, they're supposed to apply everything that they
·9· have learned and present it as a group.
10· · · Q.· ·Okay.· So is the numerical grade in the EBM
11· part, is it a weighted average of the multiple choice
12· quiz and the presentation grade?
13· · · A.· ·Yes.· I guess so, yeah.· Yep, as I'm recalling
14· the current format, you know.
15· · · Q.· ·I'm sure it must be confusing between the old
16· and the new.
17· · · A.· ·Yeah.· Yep.
18· · · Q.· ·Well, if you -- you know, if as we go forward
19· if you remember that it was different in this period,
20· you know, or if you --
21· · · A.· ·It was different because I'm looking at it
22· right now.· You know, it is a little bit different
23· because due to the mandate of the, what do you call it,
24· accreditation party, things were moved around, so this
25· time I am seeing everything was done in Year II looks
A-1313
·1· like, let me see, or part of it because they started
·2· with this.· So it goes longitudinal, right?· Yeah, and
·3· now we do few stuff a little bit earlier in Year I.· We
·4· cover most of the things in Year I now, it was in Year
·5· II, so that's the change I'm trying to recall what
·6· happened.
·7· · · Q.· ·It might help on -- I guess pages nine and --
·8· maybe nine through 11 seems like it talks about EBM
·9· grading.
10· · · A.· ·Yes.· For that year this is pretty good.
11· · · Q.· ·Okay.· So there's the group presentation which
12· you spoke about --
13· · · A.· ·Yes, exactly.
14· · · Q.· ·-- and the final examination?
15· · · A.· ·Exactly, and the quiz, yes.
16· · · Q.· ·Okay.· And I guess on page 10 it says --
17· · · A.· ·Yeah.
18· · · Q.· ·-- in order to pass the test your final score
19· must be within two standard deviations of the class
20· mean?
21· · · A.· ·Correct.
22· · · Q.· ·And then 10 percent weight on the group
23· presentation --
24· · · A.· ·Yes.
25· · · Q.· ·-- and 90 on the final exam?
A-1314
·1· · · A.· ·Good.· Thank you.
·2· · · Q.· ·What does that mean, within two standard
·3· deviations of the class mean?
·4· · · A.· ·So, for example, you calculate the standard
·5· deviation, whatever it is, and then the class average
·6· score on the multiple choice, for example, is 80, and
·7· standard deviation is two, so it means if the student
·8· scores 80 they will still pass and if they score 84, of
·9· course they have passed, so whatever -- we go take the
10· lower end and the higher end and, yeah, that's what it
11· is.
12· · · Q.· ·So --
13· · · A.· ·If it's six standard deviations, you know, with
14· 74 they will pass.
15· · · Q.· ·Okay.· What is -- what's a typical standard
16· deviation when you're grading for these courses?· Around
17· -- around six points or does it vary?
18· · · A.· ·I don't recall.· I mean, I can crunch those.
19· · · Q.· ·Right.· How do you calculate it?
20· · · A.· ·A very simple formula.
21· · · Q.· ·Do you remember it?
22· · · A.· ·I just click software.· It does mean -- why
23· should I would waste my time?· Boom, it does it.· I'm
24· applied guy.
25· · · Q.· ·Excellent.· All right.
A-1315
·1· · · A.· ·I don't use pencils anymore, avoid errors.
·2· · · Q.· ·Well, that is what the computers are for.
·3· · · A.· ·Exactly.
·4· · · Q.· ·And then so the -- how about the CPS part of
·5· the grade?· Were you involved in determining that part
·6· or was that --
·7· · · A.· ·Like I said, you see there's a -- here it is.
·8· This is given to the preceptors, right?
·9· · · Q.· ·Okay.
10· · · A.· ·And then they -- what do you call that?· The
11· preceptors make the judgment and everything has to be to
12· pass the course, which most students so far I know pass
13· this part, very few had trouble unless they have some
14· issues like you can't talk, so everything has to be
15· above neutral.
16· · · Q.· ·Okay.
17· · · A.· ·Otherwise, we will have a discussion with them.
18· And you see right here, before that, circle of the
19· following, like we do a mid-term exam, to see if there
20· is something going on to maybe counsel them or catch
21· before the end.
22· · · Q.· ·And so the CPS part doesn't -- isn't converted
23· into a numerical?
24· · · A.· ·It's not numerical, no.
25· · · Q.· ·So basically you have to pass the two
A-1316
·1· separately in order to pass?
·2· · · A.· ·Correct.
·3· · · Q.· ·Okay.· So one part that's numerically graded
·4· and the other part --
·5· · · A.· ·Correct.
·6· · · Q.· ·-- where you have to -- generally speaking, you
·7· have to get neutral or higher on the ratings?
·8· · · A.· ·Yes.· Correct, that's it.
·9· · · Q.· ·Okay.· And what was the role of your
10· co-director, Deborah Roth?
11· · · A.· ·She was primarily responsible for the CPS part
12· in recruiting the preceptors, you know, make sure
13· faculty double up and starts on time, all the rooms have
14· been assigned.· You know, imagine, I don't know, 10, 12
15· go at a time, so make sure all the rooms are scheduled,
16· all the preceptors show up.· If somebody's absent, who
17· will substitute, etcetera, etcetera.
18· · · Q.· ·Do you recall how Nausheen Zainulabeddin
19· performed in the EBM portion of the --
20· · · A.· ·To the best of my knowledge --
21· · · Q.· ·-- course?
22· · · A.· ·-- I remember the first time she failed, then I
23· had a one-on-one meeting with her and tried to help her,
24· you know.
25· · · · · ·You have to understand one thing, the culture
A-1317
·1· of the med school has been to help people always and
·2· it's not punitive at all.· I mean, I'll tell you, as a
·3· culture it's almost rare to see something happening, you
·4· know, so we always try to help first, try to understand
·5· what's going on, and she did ask for help and she came
·6· and I did try to answer any specific question that she
·7· had.
·8· · · · · ·Again, I have to check the records, but I think
·9· second time she passed, I guess, but, then, again, I'm
10· recalling -- again, I'm recalling.· You know, I'll check
11· my records, but, again, it was a little bit of a roller
12· coaster ride, pass, fail, pass, something like that.
13· And as a human being I did try to understand what was
14· going on.· Here you have the grades.
15· · · Q.· ·So I guess I'll enter this as Exhibit 6.
18· · · Q.· ·(By Mr. Apps)· So are these end of course
19· evaluations for the CPS part --
20· · · A.· ·Correct.
21· · · Q.· ·-- the ECBR II [sic]?
22· · · A.· ·Yep.
23· · · Q.· ·And are these --
24· · · A.· ·The preceptor is there.
25· · · Q.· ·Okay.· Are these relatively good?· Average?
A-1318
·1· · · A.· ·Looks good.
·2· · · Q.· ·Okay.· So this would be -- she would have
·3· passed the CPS part?
·4· · · A.· ·Appears to be from this.
·5· · · Q.· ·That's all we have to do on that one.· That was
·6· easy.
·7· · · · · ·Do you recall that Ms. Zainulabeddin asked to
·8· delay taking the EBM exam, the EBM final quiz?
·9· · · A.· ·She took it so many times.· Which one?
10· · · Q.· ·In this academic year, 2012 --
11· · · A.· ·I have to check the records.
12· · · Q.· ·-- 2013, so it would be -- well, do you recall
13· when the EBM quiz was -- when students were supposed to
14· take it in this academic year?
15· · · A.· ·Like I said, because it's longitudinal, there
16· is an EBM I course also, right, in Year I, so, again,
17· it's longitudinal, so I have to check the records
18· because I've seen many times.
19· · · Q.· ·Okay.
20· · · A.· ·To be specific, I don't remember -- I don't
21· know which year it is, but there was one incomplete.
22· She did not show up for the test at all, but how many
23· times she took or not took, I have to check the records
24· to be accurate.
25· · · Q.· ·Okay.· Well, let's -- I have some e-mails so we
A-1319
·1· can run through that and hopefully it will, you know,
·2· probably help jog some things.
·3· · · · · ·These are just various e-mails that I'm just
·4· going to give to you in chronological order, so -- you
·5· know, if as I give you a later one, if it causes you to
·6· remember something else about an earlier one, feel free
·7· to, you know, indicate that or whatever.· So this is 7?
·8· · · A.· ·Okay.· Yep.
11· · · Q.· ·(By Mr. Apps)· Take your time to look at it and
12· then let me know when you're ready.
13· · · A.· ·Uh-huh.
14· · · Q.· ·So do you recall this e-mail exchange now that
15· you've had a chance to look at it?
16· · · A.· ·I see it.· What do you mean by recall?
17· · · Q.· ·Okay.
18· · · A.· ·I wrote it.
19· · · Q.· ·Okay.· So she -- it seems here that she
20· requested an extension on the -- it would be I guess --
21· she's referring to the ECBR [sic] exam, but that would
22· be the EBM --
23· · · A.· ·Correct.
24· · · Q.· ·-- quiz?
25· · · A.· ·Yeah.
A-1320
·1· · · Q.· ·Okay.· And then she's also requesting
·2· disability accommodation, double time?
·3· · · A.· ·Uh-huh.
·4· · · Q.· ·And then in your response it seems that you
·5· have made arrangements to grant the accommodation and
·6· you've granted an extension as well?
·7· · · A.· ·Looks like it, yeah.
·8· · · Q.· ·All right.· And then I guess this will be
·9· Exhibit 8.
12· · · Q.· ·(By Mr. Apps)· So do you recall this exchange?
13· · · A.· ·Looks like I wrote it.
14· · · Q.· ·Okay.
15· · · A.· ·I don't recall.· Look, there are 120 students,
16· so many e-mails come, but now that I see it, yes, I
17· wrote it.
18· · · Q.· ·So she asked you whether the --
19· · · A.· ·Yeah.
20· · · Q.· ·-- EBM quiz, whether she has to follow the
21· honor code of closed notes and study materials?
22· · · A.· ·Yep.
23· · · Q.· ·And was that -- was that standard that students
24· were expected on that quiz --
25· · · A.· ·Yeah, same policy for everything.· Same policy
A-1321
·1· for everyone, I mean.
·2· · · Q.· ·Okay.· And was this -- is this EBM exam
·3· typically, is it a take-home or is it proctored?
·4· · · A.· ·That I have to try to recall.· Right now
·5· everything is proctored because, you know -- but before
·6· we used to do, I think, I think -- again, I'm recalling,
·7· like mid-term we used to do online, like they could take
·8· from home, but final was proctored and if students had
·9· some kind of accommodation they were given a separate
10· room and, you know, not be, what do you call it, with
11· the main group.
12· · · Q.· ·Because of the extra time?
13· · · A.· ·Yeah, because, you know, a student finish and
14· they will be leaving and people get disturbed, so it was
15· done separately.
16· · · Q.· ·Right.· And Zainulabeddin also had an
17· accommodation for a distraction free environment, so I
18· think that requires --
19· · · A.· ·But that's standard procedure for anyone who
20· asked for accommodations.
21· · · Q.· ·Okay.· So would you like to go back to the
22· syllabus to try and see if at that time the EBM final
23· was online versus proctored?· I don't know if that
24· information's in there, but --
25· · · A.· ·I don't either.· I don't remember either, but I
A-1322
·1· could check.
·2· · · Q.· ·I'll look, too.· I can see if --
·3· · · A.· ·At the time it was online on Blackboard.
·4· · · Q.· ·Yeah.· Page 10, right?
·5· · · A.· ·Yeah, I found it.
·6· · · Q.· ·Online on Blackboard.
·7· · · A.· ·Yep.
·8· · · Q.· ·It says approximately 40 multiple choice
·9· questions?
10· · · A.· ·Correct.
11· · · Q.· ·Do you remember how many there actually were?
12· · · A.· ·No.
13· · · Q.· ·Okay.
14· · · A.· ·Because depends -- depends on the content,
15· right, it can be plus/minus three, four questions.
16· · · Q.· ·Okay.· Typically after doing the EBM final, do
17· you -- do you always -- do you always include all of the
18· questions as graded items or do you sometimes eliminate
19· items for various reasons?
20· · · A.· ·Most cases for our course we don't, but we also
21· look at some metrics which, you know, for example, the
22· index.· We look at, you know, how many students, you
23· know, responded and -- so, again, that is --
24· communication in this is important to see whether it's a
25· fair question or not, you know.· Some errors can happen,
A-1323
·1· for example, so, obviously, those would be thrown out or
·2· everyone gets a, you know, score for that.
·3· · · Q.· ·Okay.· So you have some metrics to try and
·4· determine --
·5· · · A.· ·Of course.
·6· · · Q.· ·-- make sure -- ensure the validity of the
·7· item?
·8· · · A.· ·Of course.· Validity, and then also look at the
·9· -- sometimes simply, you know, you give it the course
10· coordinator, error can happen.· You know, they put the
11· wrong options or, you know, they present other options,
12· so we do review it before releasing the grades.
13· · · Q.· ·So I guess this will be 9.
16· · · · · ·MR. APPS:· I sort of made a mistake.· Number 8,
17· · · I did it as a separate exhibit, but it's actually
18· · · page two of what I just handed out as Number 9.
19· · · What should we do, Ray?
20· · · · · ·It's because it's split really conveniently so
21· · · that I mistook page two as like the beginning of a
22· · · separate e-mail string, but it's actually --
23· · · · · ·MR. POOLE:· Just keep them 8 and 9.
24· · · · · ·MR. APPS:· Just keep them 8 and 9?
25· · · · · ·MR. POOLE:· Yes.
A-1324
·1· · · · · ·MR. APPS:· I'll just note for the record that
·2· · · after Exhibit 9 it's actually the first page of an
·3· · · e-mail that continues and Exhibit 8 is actually the
·4· · · second page.
·5· · · Q.· ·(By Mr. Apps)· All right.· So do you recall
·6· Ms. Zainulabeddin trying to get in touch with you, I
·7· guess this would be the day that she was supposed to
·8· take her exam requesting an additional extension?
·9· · · A.· ·Uh-huh.· She's trying -- yeah.· She's e-mailing
10· me it looks like here.
11· · · Q.· ·Okay.· And do you recall speaking with her on
12· that date?
13· · · A.· ·I can't -- I don't remember.· I mean, I must
14· have.· I don't know.· It's long ago.
15· · · · · ·I'm just laughing at this like she's saying I'm
16· trying to reach you on 1-17 and my number is right here
17· in the signature from 1-10 I replied.· That's what I'm
18· laughing at.· And then I repeat on 1-17, you can reach
19· me in my office at this and my cell at this.
20· · · Q.· ·I suppose she must have been a bit --
21· · · A.· ·Overwhelmed.
22· · · Q.· ·Yeah, overwhelmed.
23· · · · · ·Do you often have to deal with students who are
24· sort of very overwhelmed by --
25· · · A.· ·I mean, it happens.· Come on, human nature,
A-1325
·1· right?
·2· · · Q.· ·Yeah.
·3· · · A.· ·If you try to grab everything with straws that
·4· you have, then -- you know, wish we all reflected
·5· inside, the world would be a better place, but we
·6· deflect outwards and no answer exists.· That's my
·7· philosophy.· Again, that's my personality.· I blame
·8· myself for anything on everything.
·9· · · Q.· ·So I guess this will be 10.
10· · · A.· ·My God, so many e-mails.· Yeah.· Okay.
13· · · Q.· ·(By Mr. Apps)· So based on what you see here,
14· does it seem that you gave Ms. Zainulabeddin that second
15· extension she requested?
16· · · A.· ·It looks like March 13th must have.· It looks
17· like, I guess.
18· · · Q.· ·Who is Christopher Noel?· Do you know who that
19· is?
20· · · A.· ·He was my assistant at that time, you know, in
21· my office, so I just asked him, hey, help her, man,
22· schedule this conference room somewhere in a quiet
23· place, so I --
24· · · Q.· ·So he -- sorry, go ahead.
25· · · A.· ·So I said, you know, coordinate with him so
A-1326
·1· that -- the time, room, place, everything, so he was
·2· trying to help her.· And she was going back and forth,
·3· back and forth.
·4· · · · · ·I mean, to be honest with you, normally we
·5· don't do this much, okay, like grant so many requests
·6· for several reasons, okay?· It's unfair to the students
·7· who do things on time and then we make so many changes.
·8· It's like too many exceptions is not fair.· I mean, you
·9· know, but we are here trying to I think -- Chris is
10· trying to arrange a quiet place and that's what they're
11· talking about, I guess.
12· · · Q.· ·Do you remember if you made any adjustments to
13· the EBM exam because Ms. Zainulabeddin was taking it a
14· couple months later than the other students or do you
15· remember if it was just the same exam given to her?
16· · · A.· ·I think it was the same, most likely, so far
17· that I can recall.
18· · · Q.· ·And do you recall telling Ms. Zainulabeddin
19· that the -- that her EBM exam would be proctored?
20· · · A.· ·I can't recall to be -- because this already
21· March, right, so I don't recall what's going on at that
22· time, but looks like she's talking, so there must be
23· some reason why she -- you know, she came here.
24· · · · · ·They leave them there and then they go simply
25· and put a notice quiet place because the location where
A-1327
·1· she has to -- MDT suites, you know, it's not a public
·2· area where people walk by all the time.
·3· · · Q.· ·Can you describe that area?
·4· · · A.· ·It's like office like this area.· It's not like
·5· the public can just walk in.
·6· · · Q.· ·So this will be 11.
·9· · · Q.· ·(By Mr. Apps)· So here -- well, do you remember
10· this communication at all?
11· · · A.· ·I see it.
12· · · Q.· ·So here Zainulabeddin seems to be asking to be
13· allowed to take the EBM exam online and above it seems
14· to say -- it seems to say you can't make an exception to
15· let her take the test online.
16· · · A.· ·Uh-huh.
17· · · Q.· ·Why would that have been an exception, because
18· didn't the other students take the test online?
19· · · A.· ·Again, I have to check.· This is 2013, because
20· -- again, I have to check what happened exactly that
21· time and why it was online or not because -- again, I
22· have to check, to be honest with you, because when I'm
23· saying exception there must be some reason in terms of
24· what happened, like I think maybe by the time it was
25· proctored or something for everyone, so it's not that
A-1328
·1· they can take it online and keep it open.· You know,
·2· there must be some reason.· I can't recall exactly what,
·3· but that's --
·4· · · Q.· ·And do you know why you indicate here you were
·5· free to bring your notes, etcetera, to the test?
·6· · · A.· ·Yeah, because it's open book.· It's open book,
·7· so people can bring their notes or whatever they have,
·8· you know, to take the test.· That's why.
·9· · · Q.· ·In an earlier e-mail, didn't we -- didn't we
10· talk about the idea that it was -- I guess it would be
11· Exhibit 8.· She asked if the test follows the honor code
12· of closed notes and study materials?
13· · · A.· ·Yeah.· So that's why we are saying that --
14· again, I have to check, that -- that by January to
15· March, right, again, because it was -- again, I have to
16· recall.· Something must have changed because when you do
17· online, right, at home you follow the honor code, that
18· please don't cheat, don't collaborate, you go by trust,
19· but when you do proctored we made a decision -- like
20· right now -- again, I have to check in between what
21· happened, but current policy is for the EDM quiz, it's
22· proctored and it's open book.
23· · · Q.· ·So it seems that there was a change in policy
24· between --
25· · · A.· ·Must have.
A-1329
·1· · · Q.· ·-- January and --
·2· · · A.· ·Since I'm telling her that you wish to do, but
·3· we have already moved away from that and by the time --
·4· because, imagine, everyone took it in December, end of
·5· December, and this is already March we are talking
·6· about, so something might have changed policy-wise,
·7· which, again, I don't recall everything, so I would have
·8· to check.
·9· · · Q.· ·Okay.· I guess this one will be 12.
10· · · A.· ·Yep.
13· · · Q.· ·(By Mr. Apps)· Do you recognize this document?
14· · · A.· ·Yeah.
15· · · Q.· ·What is it?
16· · · A.· ·We got a message from -- like anonymous message
17· or something from one of the students that people were
18· kind of taking the test as a group which was not online
19· one and -- but at the same when we don't know the
20· specifics we can't go on a, what do you call it, witch
21· hunt, who did it and how they did it, so I think this is
22· where from that day on -- like this was December, for
23· the following year we already change the policy, no exam
24· is anymore online.
25· · · Q.· ·Okay.· So this might be what led to the
A-1330
·1· change --
·2· · · A.· ·Correct.· The policy totally -- like I said,
·3· right now no exam is given online.· Everything is
·4· proctored, open note for EBCM, but this -- yes, this was
·5· a trigger where we stopped totally.
·6· · · Q.· ·And so just to clarify, so as a result of this
·7· anonymous report, you and I guess Dr. Stevenson or would
·8· it just be you or you and Stevenson?
·9· · · A.· ·Normally we discuss, but the final change in
10· the course we propose and then I guess it's approved by
11· -- I think this decision will not go to curriculum
12· committee because that's a -- we are not changing any
13· policy, we are simply changing the method of admin, so
14· we change it, simply we inform anyone who's in the loop.
15· · · Q.· ·And so you switched from online with the honor
16· code of the closed notes, no collaboration --
17· · · A.· ·Uh-huh.
18· · · Q.· ·-- and you switched it to proctored, but open
19· book?
20· · · A.· ·Open book, correct.
21· · · Q.· ·And so you -- so when Zainulabeddin took her
22· test you enforced the new policy?
23· · · A.· ·It looks like based on the communication from
24· 2013.
25· · · Q.· ·Do you think it was fair to enforce the new
A-1331
·1· policy?· Would that have made a significant difference?
·2· · · A.· ·I don't think so.· People -- so far that I
·3· know, students prefer open book.· Again, it depends whom
·4· you ask.· I don't think there's any rules.· Some
·5· students like open book, some like to memorize.
·6· Everyone has their own learning style, so I cannot claim
·7· on their behalf how they feel, but we made the policy
·8· and that's it.
·9· · · Q.· ·Were you the one who received the anonymous
10· e-mail about the collaboration?
11· · · A.· ·Yes, I did, but it was through some -- I'm
12· trying to recall.· It was some weird anonymous ID and --
13· I'm trying to remember did it come through my -- I think
14· it came on this e-mail, on my official e-mail, I think
15· so, or my gmail.· I don't know.· I don't remember
16· exactly.
17· · · Q.· ·So it could have been on your gmail?
18· · · A.· ·But then I brought it right away to the,
19· whatever, associate dean because they are the one who --
20· and I said what to do, because, again, I can report
21· these things, but those kind of decisions are approved
22· by the admin.
23· · · Q.· ·And when you say associate dean, are you
24· talking about Dr. Specter or Dr. Stevenson?
25· · · A.· ·Stevenson.· He was the --
A-1332
·1· · · Q.· ·Stevenson?
·2· · · A.· ·Forgive me for the title, I'm not good at that,
·3· but some kind of dean he was for education affairs.
·4· · · · · ·MR. APPS:· Okay.· So, Ray, I haven't got a copy
·5· · · of that anonymous e-mail.· It sounds like you might
·6· · · should be able to find it.· If Dr. Kumar gave a copy
·7· · · of it to the administration I imagine it's stuffed
·8· · · away somewhere.
·9· · · Q.· ·(By Mr. Apps)· Do you have any -- do you know
10· if you maybe retained it in your old e-mails?
11· · · A.· ·I don't know.· I can put search in something.
12· · · Q.· ·Fair enough.· But you -- so you pretty clearly
13· recall giving a copy of it to Dr. Stevenson?
14· · · A.· ·I guess because that's what we're talking about
15· here, so I discussed it 200 percent, I know that, you
16· know, but whether I filed it, whether I printed it or
17· what I did, I can't recall.
18· · · Q.· ·Okay.· Very good.
19· · · A.· ·It could be any or none of those, but I
20· discussed it.
21· · · Q.· ·I guess we'll do this as 13.
24· · · Q.· ·(By Mr. Apps)· I'm assuming you haven't seen
25· this before, is that correct?
A-1333
·1· · · A.· ·No.· I never seen it this way.
·2· · · Q.· ·I think this is prepared by Ms. Zainulabeddin,
·3· so I just wanted to ask if based on your knowledge if
·4· these -- this description of what her grade was appears
·5· to be correct?
·6· · · A.· ·Hope so.
·7· · · Q.· ·Are there any parts that you -- that you can
·8· state definitely are correct?
·9· · · A.· ·Until cross-verification with the grade sheet I
10· can't tell you.· These numbers, where it's coming from?
11· How do I know?
12· · · Q.· ·Okay.· But the EBM I, the group
13· presentations --
14· · · A.· ·Yeah.
15· · · Q.· ·Okay.· So you don't necessarily know --
16· · · A.· ·I can look at the records and tell you that if
17· this is -- I mean, I don't know what it is actually, but
18· normally when people take the exam twice they can never
19· -- they can score even 100 percent, but they will still
20· have a score of 70 only.· That's the policy when they do
21· a second time, but, again --
22· · · Q.· ·Do you recall her remediating the -- and taking
23· the test again later than March --
24· · · A.· ·I don't recall.
25· · · Q.· ·-- and getting a passing grade?
A-1334
·1· · · A.· ·I would have to check the record.
·2· · · Q.· ·If she did get this grade, 65, would that have
·3· been a passing grade?
·4· · · A.· ·No.
·5· · · Q.· ·Why not?
·6· · · A.· ·Because I -- again, I will check, but normally
·7· there are two thresholds, right?· One is the mean
·8· deviation and another absolute threshold is less -- to
·9· pass you have to have more than or equal to at least 70
10· throughout the courses, so 65 percent would not be a
11· pass.
12· · · Q.· ·So to pass you needed --
13· · · A.· ·At least 70.
14· · · Q.· ·-- at least 70 and to be no more than two
15· standard deviations below the mean?
16· · · A.· ·So we err on the side of helping the student or
17· helping in the sense like to be a little bit lenient.
18· Sometimes -- imagine if you have a cohort like the
19· average is 90, okay, so even with two standard
20· deviations I don't think the majority will match the
21· performance of scoring 90, so that is the cutoff, 75.
22· You cannot be below this.
23· · · Q.· ·Okay.· So looking at this, if she got a 65,
24· that's why she --
25· · · A.· ·That's why she had to do remediation.· It says
A-1335
·1· remediation, yeah.
·2· · · Q.· ·Okay.· Let's make this 14.
·5· · · Q.· ·(By Mr. Apps)· What does this document appear
·6· to be?
·7· · · A.· ·E-mails.
·8· · · Q.· ·And do you have a sense of what -- what Ms.
·9· Zainulabeddin is asking you for when she writes and says
10· I wanted to know the update regarding EBCR?
11· · · A.· ·I have no idea, to be honest.· I have to -- I
12· have to check before, after, all the details, because
13· this cannot tell me what I'm talking about.
14· · · Q.· ·So based on some of the earlier exhibits, I
15· guess really primarily this one, the Christopher Noel
16· e-mail, does it seem that she took the EBM exam --
17· · · A.· ·On March 13th?
18· · · Q.· ·-- on the morning of March 13th?
19· · · A.· ·Yeah.
20· · · Q.· ·So she's writing to you late afternoon of March
21· 13th?
22· · · A.· ·Uh-huh.
23· · · Q.· ·Would it be likely that the exam had been
24· graded at that point?
25· · · A.· ·I don't remember.· I don't remember.· Maybe.
A-1336
·1· Maybe not.
·2· · · Q.· ·How long would it take to grade the exam?
·3· · · A.· ·How long?· It should not -- so, again -- again,
·4· I remember that -- whether she took it on paper or
·5· computer, I can't recall, most likely computer I'm
·6· guessing, then it's automated, but at the same time we
·7· review for errors, for glitches, etcetera, etcetera, and
·8· depending on my schedule it can be same day, it can be
·9· next day.· Again, it varies.
10· · · Q.· ·But it wouldn't -- if it was done on the
11· computer it wouldn't take very long because the --
12· · · A.· ·No, computer doesn't take long, but we don't
13· want to give false information based on errors or flaws
14· or this, so we have to verify twice before we release
15· it --
16· · · Q.· ·Sure.· Sure.
17· · · A.· ·-- to hold the integrity and the accuracy of
18· what we are reporting.
19· · · Q.· ·Okay.· So at this point the computer would have
20· definitely produced a grade, but you wouldn't have
21· necessarily had time to review it and verify it?
22· · · A.· ·Review it and tell the student with accuracy,
23· and, again, because of the schedule, timing, so many
24· factors.
25· · · Q.· ·Sure.· Mark this Exhibit 15.
A-1337
·3· · · Q.· ·(By Mr. Apps)· So does it appear from this and
·4· the previous e-mail that there was an APRC meeting on
·5· March 14th?
·6· · · A.· ·That's what I would guess, yes.
·7· · · Q.· ·And so here she wants to -- would you interpret
·8· this to mean that she wanted to know what --
·9· · · A.· ·Correct.
10· · · Q.· ·-- what her grade was in evidence-based
11· clinical reasoning?
12· · · A.· ·Uh-huh.
13· · · Q.· ·And you responded Dr. Specter or someone from
14· OEA will get in touch with her?
15· · · A.· ·Correct.
16· · · Q.· ·What is OEA?
17· · · A.· ·I think it's Office of Educational Affairs.
18· · · Q.· ·So would that be the area where Mr. Stevenson,
19· he was the associate dean of educational affairs?
20· · · A.· ·Right.· Like -- yeah.· Yes.
21· · · Q.· ·Okay.· So it would be either Dr. Specter from
22· student affairs or --
23· · · A.· ·Uh-huh.
24· · · Q.· ·-- someone working under Dr. Stevenson or --
25· · · A.· ·Or he himself.
A-1338
·1· · · Q.· ·-- or he himself?
·2· · · A.· ·They will -- yeah.· I'm guessing again. I
·3· don't recall exactly what's the reason, but I think --
·4· normally when APRC is involved and a student has a
·5· global deficiency, what we call a global deficiency is
·6· not one or two subjects but across the board deficiency
·7· in most everything, then as course directors we tell
·8· them to go and talk to the parties because this is not
·9· simply this course that you -- we are concerned with
10· you, so when it's a global issue, student affairs,
11· admin, they handle that versus, you know, us as
12· individuals for the course.
13· · · Q.· ·Okay.· So this e-mail would suggest that --
14· that a sort of global issue had been detected through
15· APRC?
16· · · A.· ·So simply I'm saying that she wants a grade of
17· this, which might not be ready or ready at that time,
18· but, look, you have much bigger things to worry, go and
19· meet these people and find out what else is going on.
20· · · Q.· ·Okay.· Do you recall meeting with her sometime
21· after that to tell her her grade, go over the test,
22· things like that.
23· · · A.· ·I mean, I have met her many times, but if
24· you're asking specific dates, I can check my calendar,
25· but I met her many times as part of helping her, having
A-1339
·1· conversations, trying to help her as a student like I
·2· meet with many students.
·3· · · Q.· ·And so you -- was it your testimony earlier
·4· that you don't remember at this time what her score was
·5· on the final EBM quiz?
·6· · · A.· ·No.· I'm saying I don't recall when we gave her
·7· the scores or I finished it or when I finished it.· I'm
·8· not sure of the date sequence.· That's what I'm saying.
·9· · · Q.· ·I was actually -- so do you recall at this
10· point the score?
11· · · A.· ·No, I can't recall right now.· I have to check
12· my records.
13· · · Q.· ·Okay.
14· · · A.· ·There's 120 students.· How do I know what's
15· happening with Nausheen?
16· · · Q.· ·Sure.· And so I guess you probably wouldn't be
17· able to recall her weighted average at this time either?
18· · · A.· ·No.
19· · · Q.· ·So you -- when you met with her, you probably
20· don't know at this time what grade you told her she
21· received when you met with her?
22· · · A.· ·I don't even know what we met for.· Forget
23· about the grade, because we met many times for several
24· things to discuss or not discuss, you know, but, again,
25· I don't know which meeting you're referring to or when
A-1340
·1· or what, so I have to -- I can't recall with accuracy.
·2· · · · · ·MR. APPS:· Shall we take a break for a minute?
·3· · · · · ·MR. POOLE:· It's your call.
·4· · · · ·(Recess from 10:21 a.m. until 10:27 a.m.)
·5· · · Q.· ·(By Mr. Apps)· Dr. Kumar, do you remember that
·6· you're under oath?
·7· · · A.· ·Remember I'm under oath?· She asked me in the
·8· beginning, right?· Yeah.
·9· · · Q.· ·Yeah.· Do you understand that you're still
10· under oath?
11· · · A.· ·Oath, no oath, I speak the same.· It doesn't
12· matter to me.
13· · · Q.· ·So this is Exhibit 16.
14· · · A.· ·Finally some data.
17· · · Q.· ·(By Mr. Apps)· The way this printed out I'll
18· just explain --
19· · · A.· ·I know the sheet.
20· · · Q.· ·-- if you take the first four pages and you
21· sort of set them next to the last four pages, I believe
22· that lines up the columns.
23· · · A.· ·Okay.
24· · · Q.· ·So the fourth page here -- or the first page
25· and the fifth page, you know, you have the continuation,
A-1341
·1· which I think the color coding shows -- shows that.
·2· · · A.· ·Yep.
·3· · · Q.· ·So do you recognize this document?
·4· · · A.· ·Yeah.· It's the Excel grade sheet which I keep
·5· for my record and reporting.
·6· · · Q.· ·Okay.· And in this view anyway, what is the
·7· organization -- like what's -- how is the data being
·8· sequenced in this view as it's printed out?
·9· · · A.· ·I just need to call people who have to do
10· something, they're not complete, then there is
11· satisfactory, who got S because at that time I think we
12· had moved from -- of course, it's based on numeric
13· grading final grade, but if you score more than 70 or
14· equal to 70 you get an S; otherwise, you get a T or a U.
15· And for whatever reason I see Nausheen had I,
16· incomplete.
17· · · Q.· ·So this shows what you were talking about --
18· · · A.· ·Yeah.
19· · · Q.· ·-- before, I guess, where --
20· · · A.· ·Exactly.
21· · · Q.· ·-- if you had 70 or above you --
22· · · A.· ·Pass.
23· · · Q.· ·-- you got an --
24· · · A.· ·S.
25· · · Q.· ·-- S for satisfactory?
A-1342
·1· · · A.· ·Yeah.
·2· · · Q.· ·And clearly the majority of the students have
·3· that numerical grade of --
·4· · · A.· ·S.
·5· · · Q.· ·-- of S and it's based on the weighted average?
·6· · · A.· ·Correct.
·7· · · Q.· ·And so the presentation score is --
·8· · · A.· ·Ten percent of whatever.
·9· · · Q.· ·-- ten percent and so --
10· · · A.· ·You take the 10 percent of the final -- sorry,
11· 90 percent of the final, 10 percent of the presentation,
12· and then you get a final grade.· That's the typical
13· weighted average.
14· · · Q.· ·So this document doesn't include Ms.
15· Zainulabeddin's information?
16· · · A.· ·Uh-huh.
17· · · Q.· ·Why do you think that might be?
18· · · A.· ·I can't recall.· I have to go and check.
19· Either she didn't do it or she didn't finish the
20· assignment or some of the requirements she did not
21· finish.· That's why it's incomplete.
22· · · Q.· ·Do you think it is because she didn't take the
23· EBM quiz until --
24· · · A.· ·Might be one of the reasons.
25· · · Q.· ·-- March 13th?
A-1343
·1· · · A.· ·Might be.· I don't know.· I have to check the
·2· records.
·3· · · Q.· ·So assumedly by March 13th all the other
·4· students had completed the quiz?
·5· · · A.· ·Much earlier than that.· I don't recall any
·6· student getting this extension one after another after
·7· another.
·8· · · Q.· ·And I just wanted to ask about that.· So
·9· there's --
10· · · A.· ·Yeah.· Anything in yellow or red you see, so
11· anyone -- whatever, they are -- they had to redo it,
12· they did the remediation, finished it, you know, so --
13· but these are unsuccessful at that point in time.
14· · · Q.· ·So all the red markers --
15· · · A.· ·Red or yellow.
16· · · Q.· ·-- red or yellow --
17· · · A.· ·Yeah.
18· · · Q.· ·-- indicate a need to remediate?
19· · · A.· ·Correct.
20· · · Q.· ·Okay.· And is there any distinction between the
21· yellow and the red on the left side of the chart
22· where there's the red and yellow sort of alternating?
23· · · A.· ·To best of my knowledge, this distinction is I
24· guess if -- they might have -- again, to the best of my
25· memory, if -- normally what happens when they're below
A-1344
·1· the passing grade we call other course directors to see
·2· if there is -- because unless I try to inquire I don't
·3· know what's going on in other places, right, so if they
·4· have a global deficiency normally they cannot remediate
·5· right away; they have to wait until summer to remediate,
·6· but if they don't have deficiency elsewhere, I think
·7· within a week or two at most they have to retake or
·8· remediate the deficiency, but if it's more than two
·9· places or two unsatisfactory grades, they have to wait
10· until summer, so that's why I'm trying to call people
11· and say -- like for me, like this is worrisome.· This
12· guy score pretty low, right, 52.5, what happened, and so
13· I'm trying to find out from other places for my records
14· like what else is going on, but that's for my own.
15· There's nothing official about it.· It's my own way of
16· jogging my memory.
17· · · Q.· ·So all the students who have -- who have a
18· grade, a weighted average of below 70, those --
19· · · A.· ·Yeah.
20· · · Q.· ·-- those 15, so all of them -- is it your
21· understanding that all of them, their cases would get
22· reviewed by the APRC?
23· · · A.· ·Just in this performance, no.· People don't get
24· referred to APRC just for one deficiency.
25· · · Q.· ·Okay.· So if -- they'd only get referred to
A-1345
·1· APRC if they had this deficiency and another deficiency?
·2· · · A.· ·I mean, you have to understand, what do you
·3· mean by referred?· Many students are discussed in APRC.
·4· There are so many -- again, what's the definition of
·5· referred?
·6· · · · · ·They're all report -- every single student
·7· who's passing also gets reported in the sense we go and
·8· read and inform them that it's complete.· If a student
·9· is being remediated, they say one student failed who
10· will be remediated in two weeks and we inform them,
11· done, but those kinds of reports they receive before it
12· get generated when there's a global deficiency.· The
13· student is at risk of failing the whole year, not one or
14· two subjects here and there.
15· · · Q.· ·Okay.· Can you tell me about the difference
16· between T grades and I grades and U grades as you
17· understand them?
18· · · A.· ·I simply -- there is no such thing as I grade.
19· I put for my record she must not have done something, a
20· presentation or something, so she was missing in action,
21· so that's I.
22· · · · · ·T, like I said, if a student is failing only
23· here, normally we give them a temporary grade which does
24· not go in the transcript, that's the policy, T, but if
25· they have more than two subjects failing somewhere,
A-1346
·1· exams or something, then they might get a U grade,
·2· unsatisfactory, which they will have to remediate or
·3· they call it R grade, I forgot, depends on clerkship,
·4· was it preclerkship or was it postclerkship, different
·5· letters, but basically that means if you have global
·6· deficiency you get a failing and then it shows in the
·7· transcript that you have passed it.· That's the policy.
·8· T does not go on your transcript.
·9· · · Q.· ·Okay.· So in your understanding, some of these
10· students would have gotten the T grade and then it would
11· have been converted later to an S grade?
12· · · A.· ·Correct, if they successfully remediated it.
13· · · Q.· ·Okay.· And other students --
14· · · A.· ·Still they will be converted into S, but simply
15· they will have that they had a failure that converted to
16· S versus where it says simply an S.
17· · · Q.· ·Okay.· So if a student had -- when you were
18· saying more than two, did you mean two or more
19· deficiencies or did you really mean more than two?
20· · · A.· ·I guess two or more.· I'm guessing again.· If
21· you show me the specific policy I can confirm or deny,
22· but to the memory I'm recalling that's how it was done,
23· but, again, it's based on policy.· It's not that I make
24· these rules.
25· · · Q.· ·Okay.· So your understanding is that if a
A-1347
·1· student had a -- so basically if a student -- if two
·2· different course directors turned in a T for the
·3· student, they'd wind up getting a U?
·4· · · A.· ·Not necessarily.· The way you're saying it
·5· doesn't mean that.· That can be one of the options, but
·6· there are many more than that.
·7· · · Q.· ·Okay.
·8· · · A.· ·So what I'm saying is there's EBCR is a
·9· longitudinal course and has only two tests, for example.
10· There are courses which run over only four months, but
11· they might have eight tests, so, again, it can be a
12· combination of so many different options.· Two tests in
13· the same course versus three tests across three courses.
14· It can be four tests across eight courses.· There are so
15· many combinations that can happen which shows it's a
16· global deficiency.· It's not like one thing that
17· happened, but it looks like you are failing everywhere.
18· · · Q.· ·Do you sometimes turn in -- when you turn in
19· your grades for EBCR, do you sometimes turn in T grades?
20· · · A.· ·Yeah.
21· · · Q.· ·Okay.· Would you say you turn in a lot of T
22· grades?
23· · · A.· ·I don't know.· What is a lot to you might be
24· less to me.· In med school one failing also is a big
25· deal.· It's a lot.
A-1348
·1· · · Q.· ·So in most cases where the student is -- has a
·2· failing average and needs remediation, would you turn in
·3· a T grade?
·4· · · A.· ·That's based on -- again, I'll check first
·5· where they are in the curriculum.· Not automatically T
·6· or U.· I have to check first.
·7· · · Q.· ·Okay.
·8· · · A.· ·How are they doing elsewhere and what else is
·9· going on.
10· · · Q.· ·So you turn in a U if -- typically if they were
11· having a problem elsewhere --
12· · · A.· ·Correct.
13· · · Q.· ·-- in the curriculum, too?
14· · · A.· ·Correct.
15· · · Q.· ·And you determine that by contacting other
16· course directors?
17· · · A.· ·Correct.· And there's one actually global
18· course director who have record of every single course,
19· so I call that person and ask them, hey, here I have a
20· student, you know, failed that exam, did not score
21· satisfactory.· Could you check me what else is going on?
22· And they say, oh, it's good.· Looks like no failing
23· elsewhere.· This is a one off thing.· All right.· That
24· is T.· Oh, boy, this guy has already failed four, so it
25· goes U, so that's how it is.
A-1349
·1· · · Q.· ·Okay.· And so it's also pretty -- something
·2· that happens regularly that you turn in grade sheets and
·3· there's some U grades?
·4· · · A.· ·Might be.· Depends from year to year, case to
·5· case.· Sometimes there is no U.· Sometimes there are
·6· many U's.· Sometimes -- there is no predictive pattern
·7· here.
·8· · · Q.· ·Okay.· So the fact that you have these
·9· particular students as T here, that doesn't -- does that
10· necessarily mean that that's the final grade that you
11· turned in?
12· · · A.· ·I don't know.· I have to look at what I turned
13· in.
14· · · Q.· ·Okay.
15· · · A.· ·There must be follow-up afterwards because it's
16· not that they will go with a T grade next year.· They
17· cannot graduate to the next year until they have
18· remediated.
19· · · Q.· ·So whether it's T or a U grade --
20· · · A.· ·You have to remediate.
21· · · Q.· ·-- you have to remediate and continue.
22· · · A.· ·Correct.· You can't cross over, yep.
23· · · Q.· ·And the difference is just whether there's --
24· there's just a little one line difference on the
25· transcript?
A-1350
·1· · · A.· ·T versus U.
·2· · · Q.· ·Yes.
·3· · · A.· ·Kind of.
·4· · · Q.· ·So the -- if it's a U grade that gets converted
·5· to an S grade, there's an extra line there and if it's a
·6· T grade that gets converted to an S grade, there's not
·7· an extra line there?
·8· · · A.· ·Not an extra line, but -- yeah.· So far, yes.
·9· · · Q.· ·That's right?
10· · · A.· ·Yeah.
11· · · Q.· ·Okay.
12· · · A.· ·That's what I've been told.· I don't know what
13· happens.· I've never seen how the transcript goes.
14· That's what we are aware of.
15· · · Q.· ·Okay.· So that's just your understanding?
16· · · A.· ·Correct.· Exactly.
17· · · Q.· ·Sure.· Based on where you are in the process?
18· · · A.· ·Correct.
19· · · Q.· ·Okay.· So students who had the same or lower
20· grade as on the final -- students who had the same or a
21· lower weighted average as Ms. Zainulabeddin, they would
22· not have received an S grade?
23· · · A.· ·Rephrase it, please.
24· · · Q.· ·Okay.· So it's a little difficult because I'm
25· not sure what Ms. Zainulabeddin's final EBM quiz score
A-1351
·1· was.
·2· · · A.· ·At this point in time she did not have one.
·3· · · Q.· ·Right.· Right.
·4· · · A.· ·At this point in time.
·5· · · Q.· ·So I guess let's -- let's say if -- she in
·6· different documents seems to believe either that she had
·7· a 65 or a 67.5.
·8· · · A.· ·Whatever she had, she got.· She knows it or she
·9· doesn't know, I don't know, but this is objective test.
10· It's not based on my judgment.· She scores, she scores.
11· She doesn't, she doesn't.
12· · · Q.· ·Right.
13· · · A.· ·So if she got less than 70 she will get either
14· T or U.
15· · · Q.· ·Okay.
16· · · A.· ·And whether it's T or U, I told you the rules
17· how it is, so -- but it looks like -- again, I'm
18· guessing.· If she had other failures she will not get a
19· T, she will get a U, but in this case she did appear
20· even.· That's why there is nothing there.· You see
21· zeroes there.
22· · · Q.· ·So these -- not leaving her out, but these 14
23· who are listed here as having T grades --
24· · · A.· ·Correct, so they did not have any global at
25· that point in time.
A-1352
·1· · · Q.· ·Okay.
·2· · · A.· ·If later on, if they double up something, maybe
·3· they got treatment, but this is at that day.
·4· · · Q.· ·So they wouldn't have gotten an S as of that
·5· day, but --
·6· · · A.· ·I'm guessing, yes.
·7· · · Q.· ·-- they might have -- if they got a T grade
·8· they might have converted it to an S?
·9· · · A.· ·Might or become a U.· There are so many
10· possibilities.· Simply because they are remediating it
11· doesn't mean that you will be passing.
12· · · Q.· ·Of course.· What would be the time frame for
13· remediating someone with a T grade?· Like what --
14· · · A.· ·At most, one -- it's required one week, but
15· maximum one-and-a-half weeks you have to remediate,
16· otherwise -- for T.· For U, you can't.· That is the
17· multiple global deficiency.· You have to wait until
18· summer.
19· · · Q.· ·So with a T --
20· · · A.· ·Very fast.
21· · · Q.· ·Very fast.
22· · · A.· ·Correct.
23· · · Q.· ·With a U there's a required delay?
24· · · A.· ·Correct.
25· · · Q.· ·Okay.· And by summer, when you say summer for
A-1353
·1· academic Year II --
·2· · · A.· ·Whatever the date is, it's announced.
·3· · · Q.· ·-- academic Year II ends in March or something,
·4· right?
·5· · · A.· ·No.· No.· March right now?· No.· I think -- I
·6· don't know.· I have to check the dates.· Whatever the
·7· date is, I mean, it's for everyone.
·8· · · Q.· ·So once the academic year ended, that's when
·9· the --
10· · · A.· ·Correct.
11· · · Q.· ·-- remediation would begin for new students?
12· · · A.· ·Correct.
13· · · Q.· ·And then would it also be carried out in a
14· relatively short frame of time?
15· · · A.· ·I don't know.· You have to ask like different
16· courses depending on the load, the material.· It's
17· variable.
18· · · Q.· ·Okay.
19· · · A.· ·You know, if they have failed six tests, it
20· could take forever.· If they fail only two or three and
21· depends on which ones, some tests have a higher load,
22· some have a lower load depending on the week, right?
23· Times during the week you only have two class, three
24· classes, so for that test it would be lighter.
25· · · Q.· ·And were you ever directed by anyone to give a
A-1354
·1· student a particular grade?
·2· · · A.· ·No.· I wouldn't do so.
·3· · · Q.· ·So for the EBM exam you make the
·4· determinations?
·5· · · A.· ·Of course.
·6· · · Q.· ·In other words, for the EBM portion --
·7· · · A.· ·Yes.
·8· · · Q.· ·-- of ECBR [sic]?
·9· · · A.· ·Yes.
10· · · Q.· ·And to the best of your recollection, you've
11· never been directed by an administrator to modify a
12· grade?
13· · · A.· ·No.· No.
14· · · Q.· ·Okay.· And --
15· · · A.· ·We could have a discussion about a student.· It
16· doesn't mean that they're telling me to modify
17· something.
18· · · Q.· ·Right.· Right.
19· · · A.· ·We get surprised that student has done overall
20· very well, some students, then, boom, they fail the EBM
21· test, so we are always surprised; what's going on, man,
22· but nobody can tell me or has told me to up it or down
23· it.
24· · · Q.· ·Okay.· Do you recall giving Nausheen
25· Zainulabeddin a U grade for the ECBR II [sic] course in
A-1355
·1· academic year 2012-13?
·2· · · A.· ·Whatever is on the record is on record. I
·3· mean, we do it, it gets sent to the registrar's office
·4· and it's done.
·5· · · Q.· ·Is it fair to say that Ms. Zainulabeddin took
·6· her final EBM quiz in a different environment than the
·7· other students in that --
·8· · · A.· ·I don't know.· I don't know which one --
·9· · · Q.· ·-- course?
10· · · A.· ·So many she has taken over the course of four
11· years, I don't know which one is which.· No.· It applies
12· to all students.
13· · · · · ·With 120 students -- let me make it very clear
14· here.· With 120 students our goal is to be fair to
15· everyone and I don't think anyone at the time unless
16· they ask for help to think about one particular one way
17· or the other, you know, so whatever it is as you can see
18· here in this grade hopefully reflects majority do okay.
19· · · · · ·Med school is such a cohort which is positively
20· skewed because majority score very high, right, but you
21· can see here there are so many people above 80, 90, you
22· know, scoring 100s and 100s, okay, so the normal bell
23· curve doesn't apply to med school students.· It's
24· totally skewed, and a very small, small, small tail they
25· have.
A-1356
·1· · · Q.· ·I mean, looking at this, it seems like the
·2· highest score I see on the test is --
·3· · · A.· ·100.
·4· · · Q.· ·-- is a 90 --
·5· · · A.· ·I don't know.
·6· · · Q.· ·-- on page four?
·7· · · A.· ·Let me see.· Final EBM quiz score, right?· Quiz
·8· score.· Quiz score.· 86.· 86.
·9· · · Q.· ·I think you're looking at the presentation
10· scores.· This side is the presentation scores.
11· · · A.· ·I'm looking at this one.
12· · · Q.· ·Oh, you're looking -- yeah.· Yeah.
13· · · A.· ·EBM quiz score, right?
14· · · Q.· ·Yeah.
15· · · A.· ·There are some who scored 82.5, yeah, 90.
16· · · Q.· ·Okay.
17· · · A.· ·Yep.
18· · · Q.· ·So the highest was a 90, so there are a lot of
19· 82.5.· I see some -- several have 87.5.
20· · · A.· ·Right.
21· · · Q.· ·Is it fair to say that because Ms.
22· Zainulabeddin took the exam after a change in policy due
23· to her extensions that she took it in different
24· conditions from the other students?
25· · · A.· ·I don't know.· It depends on -- I can't answer
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·1· that question, I mean, because it depends on what you
·2· define condition.· Hour from hour is not same, so --
·3· weather change, A/C change, I don't know.
·4· · · Q.· ·We were talking about that e-mail titled
·5· professionalism.
·6· · · A.· ·Yeah.
·7· · · Q.· ·So that e-mail and the syllabus, don't they
·8· indicate that the students who took the exam at the
·9· regular time did it online through Blackboard?
10· · · A.· ·Uh-huh.
11· · · Q.· ·And then the other documents we've looked at,
12· did they indicate that Ms. Zainulabeddin took it in
13· person?
14· · · A.· ·I'm not sure even when she took it to the best
15· of memory.
16· · · · · ·That conversation is there, whatever is
17· happening, because, again, I'm seeing incomplete here.
18· I will check the records, but if she at all took it it
19· was different or not different, I mean, she was already
20· given a three-month extension, you know, so, of course,
21· things are changes and she's changing it.· It's not on
22· our part.· You should have come on time.· You could have
23· taken it online, too.· Nobody stopped her from not
24· taking it.
25· · · · · ·MR. APPS:· I'm done.· Ray?
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·1· · · · MR. POOLE:· Give me about five minutes.· Let me
·2· ·just sort of think about this.
·3· · · · MR. APPS:· Okay.
·4· · · (Recess from 10:50 a.m. until 10:54 a.m.)
·5· · · · MR. POOLE:· No questions.· We'll read.
·6· · · · MR. APPS:· We'll order.
·7· · · · MR. POOLE:· We'll get a copy.
·8
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·1· · · · · · · · · · · · ERRATA SHEET
·2· · · · · · · · DO NOT WRITE ON THE TRANSCRIPT

· · · · · · · · · · ENTER CHANGES ON THIS PAGE
·3
· · · · · ·IN RE: ZAINULABEDDIN v USF BOARD OF TRUSTEES
·4· · · · · · · · ·DEPOSITION OF: DR. AMBUJ KUMAR
· · · · · · · · · · · · ·DECEMBER 9, 2016
·5· · · · · · · · ·{US Legal Job No. 1499855}
·6· PAGELINE· ·CORRECTION AND REASON THEREFOR

· · ________· ·___________________________________________
·7· ________· ·___________________________________________
· · ________· ·___________________________________________
·8· ________· ·___________________________________________
· · ________· ·___________________________________________
·9· ________· ·___________________________________________
· · ________· ·___________________________________________
10· ________· ·___________________________________________
· · ________· ·___________________________________________
11· ________· ·___________________________________________
· · ________· ·___________________________________________
12· ________· ·___________________________________________
· · ________· ·___________________________________________
13· ________· ·___________________________________________
· · ________· ·___________________________________________
14· ________· ·___________________________________________
· · ________· ·___________________________________________
15· ________· ·___________________________________________
· · ________· ·___________________________________________
16· ________· ·___________________________________________
· · ________· ·___________________________________________
17· ________· ·___________________________________________
· · ________· ·___________________________________________
18· ________· ·___________________________________________
· · ________· ·___________________________________________
19· ________· ·___________________________________________
· · ________· ·___________________________________________
20· ________· ·___________________________________________
21· Under penalties of perjury, I declare that I have read

· · the foregoing document and that the facts stated in it
22· are true.
23· ________________________________________________________
· · DATE· · · · · · · · · · · · · · DR. AMBUJ KUMAR
24
25
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·1· · · · · · · · · ·US LEGAL SUPPORT, INC.
· · · · · · · ·4350 West Cypress Street, Suite 701
·2· · · · · · · · · · ·Tampa, Florida 33607
· · · · · · · · · · · · · 813-876-4722
·3
·4· DR. AMBUJ KUMAR· · · · · · · December 21, 2016

· · c/o RAY POOLE, ESQUIRE
·5· CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
· · 200 West Forsyth Street
·6· Suite 1700
· · Jacksonville, Florida 32202
·7
· · RE:· ZAINULABEDDIN V. USF BOARD OF TRUSTEES
·8
· · Deposition taken on December 9, 2016
·9· USL Job No:· 1499855
10
· · The transcript of the above-referenced proceeding has
11· been prepared, and is ready for your review.
12· Any corrections you wish to make to the transcript

· · should be made on the errata sheet. Please do not write
13· on the transcript itself.
14· Please complete review of your transcript within 30 days

· · and return the errata sheet to our offices. You need not
15· return the entire transcript.
16
· · · · · · ·Very truly yours,
17
· · · · · · ·LISA ORTEGA, RPR
18· · · · · ·US Legal Support Inc.
· · · · · · ·4350 West Cypress Street
19· · · · · ·Suite 701
· · · · · · ·Tampa, Florida 33607
20· · · · · ·813-876-4722
21
22· CC via transcript:· Stanley Apps, Esq.
23
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A-1361
·1· · · · · · · · · ·CERTIFICATE OF REPORTER
·2· STATE OF FLORIDA· · )
·3· COUNTY OF HILLSBOROUGH)
·4
·5· · · I, LISA ORTEGA, RPR, certify that I was authorized
·6· to and did stenographically report the deposition of DR.
·7· AMBUJ KUMAR; that a review of the transcript was
·8· requested; and that the foregoing pages are a true and
·9· complete record of my stenographic notes taken during
10· said deposition.
11
12· · · I further certify that I am not a relative,
13· employee, attorney, or counsel of any of the parties,
14· nor am I a relative or employee of any of the parties'
15· attorneys or counsel connected with the action, nor am I
16· financially interested in the action.
17
18· · · Dated this 21st day of December, 2016.
19
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22· · · · _______________________________________
· · · · · LISA ORTEGA, RPR
23
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·1· · · · · · · · · · ·CERTIFICATE OF OATH
·2· STATE OF FLORIDA· · )
·3· COUNTY OF HILLSBOROUGH)
·4
·5
·6
·7· · · I, LISA ORTEGA, RPR, Notary Public, State of Florida
·8· certify that AMBUJ KUMAR personally appeared before me
·9· on the 9th day of December, 2016, and was duly sworn.
10
11· · · Signed this 21st day of December, 2016.
12
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· · · · · ______________________________________
18· · · · LISA ORTEGA, RPR
· · · · · My Commission Number:· FF 247368
19· · · · Expires:· August 25, 2019
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TAMPA DIVISION
Plaintiff,

BOARD OF TRUSTEES,
Defendant.
___________________________________/
JOINT MOTION TO EXTEND MEDIATION DEADLINE

AND INCORPORATED MEMORANDUM OF LAW
Plaintiff, NAUSHEEN ZAINULABEDDIN, and Defendant, UNIVERSITY OF SOUTH
FLORIDA BOARD OF TRUSTEES, by and through their undersigned counsel, and pursuant to
Federal Rule of Civil Procedure 6(b) and Rule 3.01 of the Local Rules of the Middle District of
Florida, file this Joint Motion to Extend Mediation Deadline and Incorporated Memorandum of
Law, and in support state as follows:
1. Due to scheduling conflicts among counsel for the parties, the parties, and the
mediator, mediation could not be scheduled in this cause by the current deadline of March 1,
2017.
2. However, mediation has been scheduled to take place on Wednesday, March 22,
2017.
3. Accordingly, the parties hereto request that this Court enter an Order extending
the mediation deadline herein to Wednesday, March 22, 2017.

A-1419
4. The enlargement of time sought herein would not necessitate a modification of
any other case management deadlines herein.
5. This request for an enlargement of the mediation deadline has been made in good
faith and not for any improper purpose.
MEMORANDUM OF LAW
Rule 6(b) of the Federal Rules of Civil Procedure provides as follows:
When an act may or must be done within a specified time, the

court may, for good cause, extend the time: (1) with or without
motion or notice if the court acts, or if a request is made, before the
original time or its extension expires . . . .
Fed.R.Civ.P. 6(b). A district court has wide discretion to grant an enlargement of time when the
request is made prior to the expiration of the period originally prescribed. See Choi v. Chemical
Bank, 939 F.Supp. 304, 309 (S.D.N.Y. 1996). An extension of time is “usually . . . granted
upon a showing of good cause, if timely made, . . . .” Creedon v. Taubman, 8 F.R.D. 268, 269
(N.D. Ohio 1947).
WHEREFORE, for the forgoing reasons, the parties hereto respectfully request an
enlargement of the mediation deadline until March 22, 2017.
DATED this 27th day of February, 2017.
By: ___/s/ Stanley R. Apps_____

Stanley R. Apps
Florida Bar No. 0108868
1950 Elkhorn Ct., Unit 147
San Mateo, CA 94403
Telephone: (310) 709-3966
stan.apps@gmail.com
Attorney for Plaintiff
2
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CONSTANGY, BROOKS, SMITH &
PROPHETE, LLP
Post Office Box 41099
Telephone: (904) 356-8900
Telecopier: (904) 356-8200
By:__J. Ray Poole__________
J. Ray Poole
I HEREBY CERTIFY that on the 27th day of February, 2017, the undersigned
electronically filed the foregoing which will be electronically served via the CM/ECF system on
all counsel of record.
/s/ J. Ray Poole

Attorney
3
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TAMPA DIVISION
Plaintiff,

BOARD OF TRUSTEES,
Defendant.
/
DEFENDANT’S MOTION FOR LEAVE TO REPLY TO PLAINTIFF’S RESPONSE

TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
COMES NOW Defendant, by and through its undersigned attorneys, pursuant to Local
Rules 3.01(a), (c) and (d) of this Court, and files its Motion for Leave to Reply to Plaintiff’s
Response to Defendant’s Motion for Summary Judgment as follows:
I. Motion
1. On February 19, 2017, Plaintiff filed her “Response in Opposition to Defendant’s
Motion for Summary Judgment” (hereinafter “Plaintiff’s Response”). (Doc. 27)
2. Plaintiff’s Response contains misstatements of law, as well as misstatements and
mischaracterizations of fact.
3. If permitted the opportunity to file a Reply to Plaintiff’s Response, Defendant
would address the misstatements of law, as well as the misstatements and mischaracterizations of
fact contained in Plaintiff’s Response.
4. In accordance with Local Rule 3.01(g) of this Court, the undersigned attorneys
certify that they have conferred with counsel for Plaintiff who advises that he opposes this
Motion.
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II. MEMORANDUM OF LAW
A reply may be granted when it will “aid in the consideration of the issues in the case.”
American Civil Liberties Union v. Dixie Cnty., Fla., 570 F. Supp. 2d 1378, 1379 (N.D. Fla.
2008). Defendant submits that the arguments and legal authority that Defendant intends to cite
in its reply, if permitted to do so, will be of assistance to this Court in determining whether
Defendant is entitled to summary judgment with respect to Plaintiff’s claims. Accordingly, good
cause exists for granting Defendant’s Motion for Leave to Reply to Plaintiff’s Response.
WHEREFORE, for the foregoing reasons, Defendant requests that its Motion for Leave
to Reply to Plaintiff’s Response to Defendant’s Motion for Summary Judgment be granted.
DATED this 1st day of March, 2017.

CONSTANGY, BROOKS,
200 W. Forsyth St.
Ste. 1700
Telephone: (904) 356-8900
Facsimile: (904) 356-8200
By: /s/ J. Ray Poole

John F. Dickinson
jdickinson@constangy.com
J. Ray Poole
2
A-1423
I HEREBY CERTIFY that on the 1st day of March, 2017 the undersigned electronically
filed the foregoing which will be electronically served via the CM/ECF to all counsel of record
herein.
/s/ J. Ray Poole

Attorney
3
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U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
vs. USF BOT Appeal No.
17-12134, 17-11888, 17-12376
FRAP 25(b) through (d) (see reverse) requires that at or before the time of filing a paper,
a party must serve a copy on the other parties to the appeal or review. In addition, the
person who made service must certify that the other parties have been served, indicating
the date and manner of service, the names of the persons served, and their addresses.
You may use this form to fulfill this requirement. Please type or print legibly.
I hereby certify that on (date) August 30, 2017 ,

APPELLANT APPENDICES OF VOLUMES I TO XI
a true and correct copy of the foregoing (title of filing) ,
with first class postage prepaid, has been (check one)
G deposited in the U.S. Mail G deposited in the prison’s

internal mailing system
and properly addressed to the persons whose names and addresses are listed below:
filed with the clerk of the USCA 11th circuit

and served a paper copy to attorneys on record
Ms. Lori Mans and Mr. John Dickinson
200 West Forsyth Street
Suite 1700 Jacksonville, FL 32202-4317
Your Name (please print) Your Signature
Please complete and attach this form to the original document and to any copies you are
filing with the court, and to all copies you are serving on other parties to the appeal.
ix

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Appendix Volume 7

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IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

APPEAL NO. 17-11888

UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

APPEAL FROM THE UNITED STATES DISTRICT COURT

VOL. Tab Date Title Page

I 2-2 1/22/16 Dkt. 2 Exhibit B 65-167

XI 64-1 05/17/17 Dkt. 64 Exhibit A to E 2199

Zainulabeddin v. University of South Florida Board of Trustees

Florida Middle District Court

Docket Parties (2) Related Cases (4) News

John Sikes Gibbs

J. Ray Poole, Jr.

0:17-prici-11888 - Nausheen Zainulabeddin v. University of South Florida Bo 04/27/2017

0:17-prici-12134 - Nausheen Zainulabeddin v. University of South Florida Bo 05/11/2017

0:17-prici-12376 - Nausheen Zainulabeddin v. University of South Florida Bo 05/24/2017

0:17-cvpri-02083 - Zainulabeddin v. USF Board of Trustees 05/25/2017

Navigation Edit Alert

Docket last updated: 09/01/2017 11:59 PM EDT Update Now

Friday, July 28, 2017

82 appeal USCA Mandate Fri 12:08 PM

81 appeal USCA order Fri 12:07 PM

Tuesday, June 20, 2017

80 3 pgs appeal USCA order Tue 11:57 AM

Thursday, June 08, 2017

Att: 1 Mailing Envelope

Monday, June 05, 2017

78 4 pgs notice Notice (Other) Tue 3:49 PM

77 2 pgs order Order on motion to supplement Mon 9:12 AM

Wednesday, May 31, 2017

Tuesday, May 30, 2017

75 5 pgs respm Response in Opposition to Motion Tue 5:01 PM

appeal Transmittal to USCA Tue 10:21 AM

Wednesday, May 24, 2017

appeal Transmittal to USCA Wed 2:47 PM

Tuesday, May 23, 2017

74 4 pgs notice Notice (Other) Wed 3:23 PM

DIRECTIONS TO THE CLERK by Nausheen Zainulabeddin. (BSN)

Monday, May 22, 2017

71 2 pgs appeal Notice of appeal Wed 3:09 PM

70 2 pgs appeal Notice of appeal Wed 3:07 PM

Att: 1 2 pgs Petition for Review

69 16 pgs notice Notice (Other) Wed 3:03 PM

Directions to the Clerk, by Nausheen Zainulabeddin (KMM)

67 1 pgs misc Bill of costs Mon 8:30 AM

Friday, May 19, 2017

Wednesday, May 17, 2017

64 14 pgs respm Response in Opposition to Motion Thu 10:03 AM

Att: 1 19 pgs Exhibit A-E,

Att: 2 99 pgs Exhibit F,

Att: 3 45 pgs Exhibit G,

Att: 4 55 pgs Exhibit H,

Att: 6 3 pgs Exhibit,

Tuesday, May 16, 2017

63 19 pgs motion Supplement Tue 3:55 PM

Att: 1 38 pgs Exhibit A,

Att: 3 102 pgs Exhibit 2,

Att: 5 161 pgs Exhibit 4,

Att: 6 126 pgs Exhibit 5,

Att: 8 100 pgs Exhibit 7,

Att: 10 141 pgs Exhibit 9,

Att: 11 91 pgs Exhibit 10,

Att: 13 139 pgs Exhibit 12

Wednesday, May 10, 2017