Nursing Student Unlawfully Removed from School - page 3

hello, i am or i was a nursing student until i was removed pending an appeal because i have a medical condition that requires i take a medication that is screened for in a random drug screen. i... Read More

  1. by   Q.
    Quote from lynnelle
    drug screens are in place to identify individuals who are taking drugs that have no rx. as far as i know when you test positive for a substance and there is a script in place you are covered. i do not remember being tested in school for any illegal substances because there is no reason to, you do not carry narcotic keys as a student and should be supervised in med prep and administration. so something is not right with the story or the action. what was the reason you all were tested?

    agree with this.
  2. by   tlhubbard
    I only recall a background check (fingerprints) in school. And that was due to the fact we may have elderly or ped patients during clinicals. I believe that as long as your employer is aware of the prescriptions you are taking, then there is no problem. It's when the tests come back with something other than what you have been prescribed.

    Stick to your guns with the school, and appealing their decision. I'd also look into another school, because it sounds like they could remain a thorn in your side.

    I'd also work on getting at statement from any doctors involved in your care telling what they believe your abilities/limitations to be. That way it isn't your opinion against theirs.

    Good luck!!
  3. by   RobInAlabama
    Hello Again,

    Again I want to thank all who have taken their time to respond to my post. The schools around have set their GPAs so high that for me to apply now to another school would be close to impossible since I will be given a grade of "F" in all my current classes for this semester. The GPA required at this time to qualify is around 3.5 so I guess that to apply to another school will set me back ay least one year. The school here has explained that not only would a person in my situation be impaired at work because of the medication also, the fact I am taking a pain medication would cause me to divert medications for my own use. He also said people in my situation who have chronic pain will always be searching for some relief of pain. I asked him if a nurse who suddenly developes a painful condition would not be more likely to fall into his scenario than I would? This was the "Drug Control Officer" who expained this ideology to me. I asked him why would I have need to divert medication when I have a physician who is prescribing me the medication needed to control my pain. He responded that I could only be useing the medication because of my addiction. I need to add that this man did not always have this view of my situation. At the time of the initial drug screen that all my fellow students were required to take (at the very beginning of the semester) this same man told me to write down all the medications I am prescribed and he even took the medication I had in his hand and looked at it. When I asked if there would be a problem he responded that they were looking for students who were abusing drugs. He said you don't need to worry that there were other people in my same situation. As I recall now I was in a group that included some of the clinical instructors. It seems someone in the Nursing School has changed his view of looking at the situation.

    Thanks again,
    Robert
  4. by   grannynurse FNP student
    Quote from geekgolightly
    Unless they get federal funding and it goes against federal law. I am not sure that they can break federal law even if they do not accept federal funding. I don't know how private universities work.
    I am sorry but I do not understand your comment. Are you saying, that under federal law, a college or university may not establish testing and standards regarding drug testing, irrespective of them being public or private? I may be wrong but that falls under state rights and is done all the time.

    Grannynurse
  5. by   Kelly_the_Great
    I think the matter of state vs. federal law and the constitutionality would fall under the ADA (Americans with Disabilities Act) which is a federal law, which of course supercedes state law, especially if the state facility is receiving federal monies, i.e. pell grants, etc.

    They can test all day long and that this is the right of the school, protected under state law. However, dismissal (or something that could be viewed as discrimination) of a student with a disability would fall under federal law.

    Is this what you're saying, geekgolightly?
  6. by   RobInAlabama
    Quote from Q.
    Agree with this.
    Answer to questions.

    At my school all students are given a drug screen. Then after, there is random drug screens all through out the course. I think I was target for a random screen because I let the drug control officer know my medications and the medications were wrote on the consent page I signed. I was told that the reason this was not addressed at the beginning of the semester was because the department head said I had cheated. She said since I knew the drug test was coming and that I quit taking my medication until I gave the sample and that the first sample was clean. I contend that if my sample was indeed clean of the pain medication that all the samples from the other approx 225 students were flawed. I was taking the EXACT same dose on both days. What bothers me is that just about every person that had to give-it-up for the random was eather a friend of mine or one who I had lab with and three of them sat next to me in class. The school also has in the drug abuse policy that they can call a student in for a test who sleeps in class or is tardy. There are several students who would regulary sleep in class that were not on the random list. Another thing I can recall is some of the ones who were called for the random test were like me in the fact we would be the last to finish our test in class. I cant really say what caused my name or the others to be called for the drug test. I know there are some who will read this story and think it is so outlandish it can not be true. I still cannot believe the school did what they did. I cannot recall but one instructor who didn't like me, I was never a trouble maker and I let everyone at this school know I loved to be there. I don't drink. I take a bath at least once a month weather I actually need it or not. But you will have to make up your own mind if I am trying to slip one by you when I say this did happen and that I am not a scumbag cocaine snorter or if I regulary shoot up marigawanna (I am a bad speller though). I did smoke some Rabbit Tobacco when I was a kid. All the kids on my block did. I think back to then and I think what our dads were calling rabbit ta-bak-ee was some sort of milk weed in the back yard. It tasted like poop although I don't actully know what poop taste like.

    Thanks for all the interest,
    Rob
  7. by   RobInAlabama
    the americans with disabilities act was enacted to keep disabled persons from being held back because of the aspects of their disability and not because to person cannot perform. there are a number of people who can do a great job although they may have some sort of disability. i have a friend who when he was in his 20's had a stroke that left him paralyzed on his left side. he wanted to go to college and because the people who made the decisions said he was not a canidate because his brain was without o2 for a time "his words" they said he could not learn. he went on and took out college loans and he is within one semester of finishing law school. he had to drop out because he ran out of money. i have encouraged him to go back to voc. rehab. and request they help him. i think it is sad he wants to be a lawyer though, but i still will do my best to encourage him. if you knew him like i do you would want him to continue too. he has learned all the lawyer jokes and he loves to tell them. oh, although he cannot move his left side he has had a job ever since he was able to rise from his wheel chair. he drives too, but i will never ride with him again! i want to do things that will keep me from having another panic attack. i don't ride with my son anymore either.

    rob
  8. by   LoriAlabamaRN
    They did a drug screen at my school too, I think during the third semester. Just policy, I never thought twice about it.
  9. by   nicenurse911121
    Hi Rob, Im Tammy and it saddened me to hear your story, I have a son with a disability, please contact your state BON and the local veteran affairs, DON'T GIVE UP, this is discrimination. You may also qualify under ADA since your a disabled veteran. Please let me know how it turns out.
  10. by   grannynurse FNP student
    Quote from Kelly_the_Great
    I think the matter of state vs. federal law and the constitutionality would fall under the ADA (Americans with Disabilities Act) which is a federal law, which of course supercedes state law, especially if the state facility is receiving federal monies, i.e. pell grants, etc.

    They can test all day long and that this is the right of the school, protected under state law. However, dismissal (or something that could be viewed as discrimination) of a student with a disability would fall under federal law.

    Is this what you're saying, geekgolightly?

    I fall under the protection of the ADA. While a program is required, by law, to provide assistance, to me, in meeting my educational goals, they may still drug test me. And if found to have any substance, that is illegal, my %$& is grass.. And I would not be protected under the ADA. The protection is granted under the disability, not any legal or illegal drugs.

    Grannynurse
  11. by   Kelly_the_Great
    Quote from grannynurse FNP student
    I fall under the protection of the ADA. While a program is required, by law, to provide assistance, to me, in meeting my educational goals, they may still drug test me. And if found to have any substance, that is illegal, my %$& is grass.. And I would not be protected under the ADA. The protection is granted under the disability, not any legal or illegal drugs.

    Grannynurse
    Your "%$& is grass" was my mom's favorite saying!

    Yeah, I wasn't talking about actually having to take a drug test, that's legal of course. It's just my understanding that he tested (+) for something he had a rx. for (and also disclosed this info. to the school prior), thus making it not illegal. That's where I believed he could be protected by the ADA b/c it was legal.
  12. by   button2cute
    Hello, Everyone

    Rob, I have several of concerns about your post here on the site. My first concern if the validity of the incident. If you were expelled from nursing school, was it due to the pain medications with a valid rxs, dr's who were valid as well as prescibe the medication for what dx?

    My second concern is the lack of help you are seeking from the site here and the continous avoidance of answering the posters questions. I believe I would be asking for assistance and if anyone give pointers on how to deal with the incident occurred.

    My third concern how many people would be affected by your post if you gave incorrect information to the site? Especially, you are speaking about disabled, vets, sex, and most of all, your character as a young man.

    My fourth concern is the back lash to this school who discharge you on the basic of assumptions and your usage of precribe medication. I can see your side only and I would like to hear their side.

    My fifth concern is this incident did not receive media cover at all.. The media would pesent the incident and have numerous coverage on your illegal

    The sxith concern is the lack of emotions display by you. I would be displaying angry, sadness, cussing and all types of emotions.

    The seventh concern is why would you return to the associate dean's office to apply for a appeal without legal representation?

    I am concern about your post and how it will affect everyone on this site who cares as nurses. No one deserve to be hurt and lied too. Please think about your post and effect it will have on those who are supporting you.

    Oh, let me clear the air here. I feel something is wrong in my heart. I believe it is a scenero being presented here. In addition, so many resolutions were given and no results. I am surprise by the lack of attention by the original poster. I do not want anyone to pull the wool over anyone eyes just for attention. The poster alleges the nursing school expelled him for the usage of prescribed narcotics for pain and alleges the grounds of explusion was do to literature by nursing. Therefore, I am lost with this post and the resolutions given to him.

    Confused Buttons....here
  13. by   RazorbackRN
    I must say, I have to agree that your concerns are valid.

    It is truly a shame if this has happened, however, there are a lot of things that smell fishy.

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