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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
KIMBERLY DIEI, )
Plaintiff )
v. ) No. 24-cv-1028
UNIVERSITY OF )
TENNESSEE )
HEALTH )
SCIENCE CTR. )
COLLEGE OF )
PHARMACY, )
Defendant )
COMPLAINT
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3. Kimberly Diei (“Diei”) is an individual and a former doctoral student at the University of Tennessee Health Science Center College of Pharmacy. She graduated in June 2024.
4. University of Tennessee Health Science Center College of Pharmacy (“College”) is a professional school, part of the University of Tennessee, a state-operated institution of higher education.
* * *
15. Diei enrolled in the College as a graduate student seeking a doctorate in August 2022.
16. At the time, Diei maintained social media accounts under the pseudonym “KimmyKasi,” where she posted about song lyrics, fashion, and sexuality.
17. These social media posts did not identify her as a College of Pharmacy student and did not indicate any affiliation with the University of Tennessee.
18. One month into her studies, in October 2022, Diei was informed by Christa George, the chair of the College’s Professional Conduct Committee, that the Committee had received a complaint regarding Diei’s social media activity.
19. George explained that the Committee would review her social media posts to determine whether the violated standards for professionalism. George did not identify or describe which social media posts had triggered complaints or would be reviewed.
20. Following an investigation, the Committee unanimously held that Daei’s posts were “sexual,” “crude,” and “vulgar” in nature and thus violated the College’s professionalism standards. The Committee did not identify or describe the posts it found violative or why. The Committee did not specify what standards her posts violated, the source of those standards, or the source of her obligation as a student to follow those standards.
21. Despite the finding, the Committee did not vote to expel Diei.
22. Diei continued as a student at the College and completed her first year of study.
23. In November 2023, during Diei’s second year as a doctoral student at the College, George notified Diei that the Committee had received a second complaint about her social media posts, raising similar complaints about their content.
24. George explained that the Committee would review her social media posts to determine whether the violated standards for professionalism. George again did not identify or describe which social media posts had triggered complaints or would be reviewed.
25. Following a hearing, the Committee found the content of the posts violated the College’s professionalism standards. The Committee called the posts “a serious breach of the norms and expectations of the pharmacy profession” and concluded that Diei did not “meet the threshold of professional behavior or the requirements of the Technical Standards for students.
26. The Committee voted unanimously to expel her from the College.
27. The Committee did not identify or describe the posts it found violative or why. The Committee did not specify what standards her posts violated, the source of those standards, or the source of Diei’s obligation as a student to follow those standards.
28. Diei appealed the Committee’s decision to expel her to the Dean of the College. Three weeks later, the Dean reversed the Committee’s decision.
29. Diei never received or reviewed copies of any rules of conduct or professionalism established by the College of Pharmacy, the University of Tennessee, or the Tennessee Board of Pharmacy.
30. None of Diei’s posts involved content that was not protected by the First Amendment.
31. Targeting, investigating, and sanctioning Diei for her protected social media posts infringed her free speech rights under the First Amendment.
Count I: Violation of First
Amendment
The College moves to dismiss for failure to state a claim upon which relief can be granted. The motion argues the following:
1. Diei’s social media posts violated the University of Tennessee Health Science Center College of Pharmacy Student Handbook; a copy of the Handbook is attached to this motion.
2. Diei’s social media posts violated the Rules of the State of Tennessee Board of Pharmacy; a copy of the Rules is attached to the motion.
3. Diei signed a document called “Professional Pledge,” agreeing to abide by the University of Tennessee Health Science Center College of Pharmacy Student Handbook; a copy of the pledge is attached to this motion.
4. Diei signed a document called “Professional Pledge,” agreeing to abide by the Rules of the Tennessee Board of Pharmacy; a copy of the pledge is attached to this motion.
5. Diei’s social media posts properly formed a basis for Committee action; copies of twelve of Diei’s social-media posts are attached to this motion.
For Plaintiff, respond and argue that the court cannot consider the documents in resolving this motion.
