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Nursing student suing because she failed the class twice (1 Viewer)

TheIronSheik

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More of what's wrong with this country. The sense of entitlement. And sue-happy. Maybe if you're having issues passing classes, that's an indication that you're not cut out for that line of work?

 
A nursing student who says anxiety and depression made it difficult for her to concentrate has sued a northeastern Pennsylvania university after twice failing a required course.

Jennifer Burbella claims her Misericordia University professor didn't do enough to help her pass a class on adult health patterns.
Are we sure we want our nurses with anxiety so bad she can't pass a test? God forbid something, you know.....stressful occurs on the job. :oldunsure:

 
I would have become a brain surgeon if it wasn't for my fear of cutting people open, getting nervous in class and not doing well on tests. Why didn't anyone help me overcome these issues?!?! :hot:

 
http://www.washingtonpost.com/news/grade-point/wp/2015/05/13/nursing-student-sues-misericordia-university-after-failing-final-exam-twice/

Cliff notes: After failing a core class in her nursing program twice, the student claims Misericordia University did not provide necessary accommodations to account for her mental disabilities (anxiety, depression, poor concentration). It seems as though the university/course professor did provide the agreed upon accommodations, however there were a few glitches centered around the professor's additional offer to be available for questions during the exam (not part of the accommodation plan).

To what extent can a school/university/instructor be held accountable for promises made beyond the scope of the original 504 accommodation plan? Does a verbal offer of new or different accommodations become legally binding? Lawyers, is there a legitimate case here? For those not familiar, the "504" refers to section 504 of the Rehabilitation Act: http://www.ada.gov/cguide.htm#anchor65610

Also, Misericordia is a Catholic University. The Rehabilitation Act is applicable to programs receiving federal financial assistance. Misericordia, and thus I assume other religious universities, must be getting some level of federal funding. I tried a couple of futile searches to try figure out in what manner and how much federal financial support religious universities are receiving but did not uncover much. Anyone have any information sources on this they might point me towards?

 
What a shame. Anxiety, depression, and lack of concentration sounds like the recipe for a world-class nurse too. Maybe she can apply to flight school.

 
FWIW, there are only 2 colleges in the country that don't receive federal funds. The Supreme Court ruled that even if it's just students receiving federal loans or grants, it counts as the school receiving federal funds

 
Ridiculous. If she can't get through the class without significant help, she could never handle a busy 12 hour shift with 7 patients!

 
I'll play devils advocate here by assuming she probably suffered from social isolation. In cases like this, she was probably too heavily dependent on others as a coping mechanism. I wonder why she didn't seek out a peer mentor for some sort of coaching to mediate emotional distress. I'm almost positive every university has some sort of free counseling available.

 
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Actually a perhaps somewhat extreme example of something employers need to be increasingly aware of. Colleges and Universities now routinely provide ADA accommodation to students, including things like extra time in exams, alternate degree paths and "note-takers" in class (you read that right). One problem for the employer comes when the student graduates, has managed reasonably decent grades, and expects or requires similar accommodation on the job. Not really a major crisis or anything yet, but a real problem in some industries.

 
Actually a perhaps somewhat extreme example of something employers need to be increasingly aware of. Colleges and Universities now routinely provide ADA accommodation to students, including things like extra time in exams, alternate degree paths and "note-takers" in class (you read that right). One problem for the employer comes when the student graduates, has managed reasonably decent grades, and expects or requires similar accommodation on the job. Not really a major crisis or anything yet, but a real problem in some industries.
Had a student last semester show up with a legitimately licensed "note-taker". Weirded me out.

 
FWIW, there are only 2 colleges in the country that don't receive federal funds. The Supreme Court ruled that even if it's just students receiving federal loans or grants, it counts as the school receiving federal funds
Beyond loans, the school (as with the Catholic university where I work) also probably gives out federal Pell Grants.

 
I'll play devils advocate here by assuming she probably suffered from social isolation. In cases like this, she was probably too heavily dependent on others as a coping mechanism. I wonder why she didn't seek out a peer mentor for some sort of coaching to mediate emotional distress. I'm almost positive every university has some sort of free counseling available.
FWIW, She had been seeing a school psychologist according to this article... http://www.washingtonpost.com/news/grade-point/wp/2015/05/13/nursing-student-sues-misericordia-university-after-failing-final-exam-twice/

 
Huh, didn't know that about federal funds.

I know I had a state scholarship that would not apply to my first college choice because it was a religiously affiliated school.

 
I'll always be a step behind you, Shiek.
FWIW, there are only 2 colleges in the country that don't receive federal funds. The Supreme Court ruled that even if it's just students receiving federal loans or grants, it counts as the school receiving federal funds
Do you know when/what case this ruling came down?
1984 - Grove City College v. Bellhttp://en.m.wikipedia.org/wiki/Grove_City_College_v._Bell

 
We still count things that happened in the 80's? That doesn't seem right. I thought we took a mulligan for that decade.

 
Maybe she can start over as an Education major. Probably end up on the dean's list.
In Michigan, more than 50% of all applicants fail the education test. U of M is the only school above 50% passing. I'm not sure it's as easy as some think. That's just the basic Ed test, not for a specific subject like math or science.
 
"after failing the first time, Burbella says the university forced her to re-take the class in a summer session beginning four days later, causing "great trepidation."

Forced?? She shoulda been happy as heck they LET her re-take the class.

 
Tom Servo said:
Country Boys said:
I'll always be a step behind you, Shiek.
FWIW, there are only 2 colleges in the country that don't receive federal funds. The Supreme Court ruled that even if it's just students receiving federal loans or grants, it counts as the school receiving federal funds
Do you know when/what case this ruling came down?
1984 - Grove City College v. Bellhttp://en.m.wikipedia.org/wiki/Grove_City_College_v._Bell
Class of '93. :-)

 
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Tom Servo said:
Country Boys said:
I'll always be a step behind you, Shiek.
FWIW, there are only 2 colleges in the country that don't receive federal funds. The Supreme Court ruled that even if it's just students receiving federal loans or grants, it counts as the school receiving federal funds
Do you know when/what case this ruling came down?
1984 - Grove City College v. Bellhttp://en.m.wikipedia.org/wiki/Grove_City_College_v._Bell
Class of '93. :-)
How the heck are there 4 Grovers on this board?

 
Tom Servo said:
Country Boys said:
I'll always be a step behind you, Shiek.
FWIW, there are only 2 colleges in the country that don't receive federal funds. The Supreme Court ruled that even if it's just students receiving federal loans or grants, it counts as the school receiving federal funds
Do you know when/what case this ruling came down?
1984 - Grove City College v. Bellhttp://en.m.wikipedia.org/wiki/Grove_City_College_v._Bell
Class of '93. :-)
How the heck are there 4 Grovers on this board?
Me

You

Black Box

Hoh

We're here as part of GCC's quest to rule the world. :coffee:

 

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