Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge WIDENER and Judge GREGORY joined.
OPINION
Pam Davis, a student at the Wilmington branch of the University of North Carolina (“UNC-W”), brought an action alleging that UNC-W violated the Americans with Disabilities Act and the Rehabilitation Act of 1973 when it removed her from a teacher’s certification program. The district court granted summary judgment in favor of UNC-W, and Davis appeals. We affirm.
I.
Davis was diagnosed in 1993 as suffering from dissociative identity disorder (“DID”), also known as multiple personality disorder. She has seventeen ■ distinct personalities, including Michael 1, Michael *97 2, and Michael 3. Although Davis receives Social Security disability benefits as a result of her disorder, her disorder has not prevented her from succeeding in the academic arena. Davis earned a bachelor of science degree from Barton College in 1994, and she met UNC-W’s academic eligibility requirements for participation in a sixty credit-hour undergraduate teacher certification program. Davis initially enrolled in the certification program solely to satisfy the prerequisites for the master’s degree program that she hoped to enter; she did not intend to pursue teaching as a career.
Davis began attending UNC-W in January 1997 and quickly started experiencing some problems. A professor was convinced that Davis plagiarized from various professional journals for an assignment. After discussing the issue with Davis, the professor permitted her to re-do the assignment. Thereafter, the Dean of UNC-W’s School of Education became concerned upon learning that Davis was distributing a business card that seemed to indicate that she had already received the master’s degree, even though she had not even completed the certification program. Davis compounded the problem by misrepresenting to the Dean the number of people to whom she had given the card and attempting to pass it off as a joke.
In addition, professors were becoming concerned about Davis’s inappropriate and sometimes aggressive behavior towards them. For example, Davis approached Professor Lanunziata after a class, accusing him of “slighting” her during a class discussion and demanding to know how he would redress the problem. Just over a week later, Davis challenged Lanunziata in class, stating that she was “appalled” by a statement he had made and aggressively disagreeing with his views on an issue. Professors also learned about various incidents of aggressive behavior involving Davis and other students, including an incident where Davis “fl[ew] into a fit of rage during a group project, ... scattering books or papers on the floor.” 1 J.A. 238.
On June 27, Davis was preparing to take the final examination in Professor Lanun-ziata’s class. Davis went to Lanunziata’s office to pick up the exam, and he took her through a hallway into the classroom. She returned to his office a few minutes later obviously shaken and crying, saying that she could not find Michael and that she could not take the test without Michael. Another professor took Davis to the campus counseling center, where Davis met with a therapist. Davis regained her composure sufficiently to take the final examination (and one for another class) that day, and she spoke to Lanunziata about the incident later that afternoon. Davis describes the incident as an “abreaction” triggered by a childhood memory which caused a different personality to emerge.
UNC-W officials met with Davis on June 30 and informed her that they were removing her from two education classes for which she was registered in the upcoming summer session. By the middle of August, UNC-W had removed Davis from the certification program entirely. There is no dispute that Davis informed UNC-W *98 officials at the June 30 meeting that she suffered from DID. Although Professor Lanunziata disagrees, Davis contends that she told him about her disorder at the end of May and again after the final exam incident.
UNC-W’s explanation for removing Davis from the program was that she failed to meet the school’s non-academic requirements as set forth in the “Performance Review Process” portion of its procedures manual. These non-academic requirements set forth standards of “Professional Behavior” that students are expected to meet, including “professional demeanor; professional interactions with university students, faculty, staff, and administrators; ... and adherence to school rules and ethical standards.” J.A. 32. In light of the plagiarism, the business card incident, and Davis’s aggressive manner with students and professors, UNC-W believed that Davis failed to exhibit the honesty and professional demeanor required of its students.
In addition, there is evidence in the record from which a jury could conclude that UNC-W’s action was motivated at least in part by its apprehension about whether Davis should work with children. Davis admitted to school officials that she occasionally suffered from memory blackouts because of her disorder, a fact that caused UNC-W some concern because completion of the certification program required one-on-one contact with young children.
After removing Davis from the certification program, UNC-W offered to waive the certification requirement and allow Davis to apply to the master’s program, but Davis never applied. Although she had in the past told school officials that she did not want to teach, Davis believed that she met the requirements for the certification program and she believed that she was entitled to complete it. UNC-W administratively enrolled her in other classes that were appropriate for the master’s degree she initially wanted, but Davis did not stay in the classes, nor did she enroll in any other classes, even though she was free to do so.
Davis then brought this action, alleging that UNC-W removed her from the certification program because of her DID. UNC-W, however, contends that it removed her from the program not because she suffers from DID but because, given the problems she had at school, she did not meet the non-academic standards necessary to continue in the program. After referring the case to a magistrate judge for a report and recommendation, the district court granted summary judgment in favor of UNC-W, concluding that Davis failed to raise a genuine issue of material fact as to whether she was disabled and as to whether she was qualified for the certification program.
II.
Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C.A. § 12132 (West 1995). Such discrimination is similarly proscribed by the Rehabilitation Act.
See
29 U.S.C.A. § 794(a) (West Supp.2001) (“No otherwise qualified individual with a disability ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ....”);
id.
§ 794(b)(2)(A) (West 1999) (defining “program or activity” as including all operations of “a college, university, or other postsecondary institu
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tion"). Thus, to state a claim under the Rehabilitation Act or Title II of the ADA, Davis must establish that: (1) she has a disability as defined by the acts; (2) she is otherwise qualified for the benefit or program at issue; and (3) she was excluded from the benefit or program on the basis of her disability. See Baird v. Rose,
For purposes of this opinion, we will assume that Davis is "otherwise qualified" and that UNC-W removed her from the certification program because of her DID. 2 The dispositive question, then, is whether Davis is disabled within the meaning of the statutes.
An individual is disabled under the ADA or the Rehabilitation Act if he or she: (1) has a physical or mental impairment that substantially limits one or more of the individual's major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. See 42 U.S.C.A. § 12102(2) (1995); 29 U.S.C.A. § 705(20)(B) (West 1999 & Supp. 2001). On appeal, Davis does not argue that she is in fact disabled by her disorder, but instead proceeds under the theory that UNC-W regarded her as being disabled. Davis contends that her evidence created a question of fact as to whether UNC-W perceived her as unable to work by virtue of her disorder. See 28 C.F.R. § 35.104 (2000) (ADA regulation defining "major life activities" as including "caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working"); 34 C.F.R. § 104.3~j)(2)(ii) (2000) (Rehabilitation Act regulation similarly defining "major life activities"); 45 C.F.R. § 84.3(j)(2)(ii) (2000) (same). Davis therefore contends that the district court erred by granting summary judgment. We disagree.
The only evidence of UNC-W's perception of Davis's disability is Dean Tyndall's statement in his deposition that he believed Davis was, "in a general sense," disabled by her disorder, J.A. 311, and the questions raised by UNC-W officials about her fitness to work with children, particularly in light of her occasional blackouts. Viewed in the light most favorable to Davis, this evidence perhaps indicates that UNC-W perceived Davis to be limited in her ability to work. It does not, however, demonstrate that UNC-W perceived Davis to be substantially limited. See Murphy v. United Parcel Servs.,
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“When the major life activity under consideration is that of working, the statutory phrase ‘substantially limits’ requires, at a minimum, that plaintiffs allege they are unable to work in a broad class of jobs.”
Sutton v. United Air Lines, Inc.,
At most, Davis’s evidence establishes that she was perceived as unable to perform a single job — teaching, or perhaps a very narrow range of jobs — those that require unsupervised contact with children. Because a number of jobs in the education field and other fields requiring similar skills and training remain open to Davis even with this perceived limitation, we cannot say that UNC-W perceived Davis to be unable to perform a class of jobs.
See Sutton,
Although the evidence forecast by Davis may show that UNC-W perceived Davis to be somewhat limited in her ability to work, Davis’s evidence fails to establish that UNC-W regarded her as being substantially limited in her ability to work.
See Sutton,
527 U .S. at 492,
To the extent that the major life activity that we should be considering is some narrow subset of the major life activity of learning, such as attending college (which, for purposes of this opinion, we will assume qualifies as a major life activity), our conclusion remains the same. The evidence presented by Davis falls well short of establishing that UNC-W perceived her to be substantially limited in that regard. At best, her evidence shows that UNC-W perceived her to be unable to complete one specific program-the teacher certification program. There is no evidence that UNC-W believed her to be unable to complete other programs it offered. In fact, the only evidence in the record is to the contrary: IJNC-W was willing to waive the certification requirement and allow Davis to apply to the master's degree program without being certified and without completing the additional forty or so credit hours that would be required for Davis to finish the certification program. TJNC-W did not prohibit Davis from attending classes (and in fact enrolled her in other education classes), but simply determined that she was not suitable for the one particular program that she now insists on completing. See Sutton,
III.
Cases questioning academic decisions made by colleges and universities are always difficult, requiring a court to care
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fully balance the rights of students against the school’s “legitimate interests ... in preserving the integrity of [its] programs.”
Alexander v. Choate,
AFFIRMED.
Notes
. Although there is no dispute as to the general occurrence of these incidents, Davis disagrees with UNC-W’s version of the incidents. As will become clear, however, these factual disputes are not material and do not prevent the granting of summary judgment.
See Plett v. United States,
. These assumptions render immaterial any factual questions about the details of the incidents leading up to Davis's removal from the certification program, when UMC-W learned of Davis's disorder, and why it removed her from the certification program.
. These regulations, issued by the EEOC under Title I of the ADA (which prohibits employment discrimination), may not be directly applicable here since the EEOC is not charged with enforcing Title II of the ADA and this case does not arise in the employment context. However, we find the regulations helpful, even if only by way of analogy.
See McGuinness v. University of New Mexico Sch. of Med.,
. At oral argument, counsel for Davis suggested that UNC-W perceived Davis as being so unable to get along with others that she was substantially limited in her ability to work. This argument approaches a claim that the ability to get along with others is a major life activity, a claim about which we have some doubt. See Soileau v. Guilford of Maine, Inc.,
. This conclusion makes ii unnecessary to consider Davis's argument that the district court erred by applying a "pretext plus” standard to her claims.
See Reeves v. Sanderson Plumbing Prods., Inc.,