District Court, N.D. Alabama January 11, 2018, Case No.: 7:17–cv–00810–RDP (Hand v. Univ. of Ala. Bd. of Trs.)

R. DAVID PROCTOR, UNITED STATES DISTRICT JUDGE

This case is before the court on Defendants' Motion to Dismiss. (Doc. # 4). The motion to dismiss has been fully briefed and is under submission. (Docs. # 9 & 10). After careful review, and for the reasons explained below, the court concludes that the Motion to Dismiss is due to be granted in part and denied in part.

I.