Have a case or Not a case??? That is the question?

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This past fall, a good friend of my came through a nursing program to where the students in their last level of the ADN program had issues/complaints with the two new instructors who never and I do mean never ever taught in a classroom before, much less written any type of application tests. But because they had a master degree as well as good friends with the head instructor of the level is how they got the job to teach in a level that goes by so fast.

The students did as they were told to do, from Level 1 to the last level, Level 4, when any of the students have any kind of issues, complaints, or problems with any tests, instructors etc. . ., go to the instructor that you are having the problem(s) with; if that instructor does not do anything to fix the problem, then you go to the head instructor and so forth. They even went as far as the Dean of Instructors [which they were told to go to]. They were told by the Dean of Instructor that he and the vice president of the college would contact them. A week went by, nothing. So my friend took it upon herself to contact anyone that would listen, that would help get their issues listened to as well as resolved outside of the college. WHY? Because of the time frame, the semester was ticking on down and too many students were failing. She contacted her representatives of her state. Well it took the representatives of her state to write a letter to the President of the college before he or the vice president would take time to listen to the students of their last level. Before the head instructor and the chairperson of the nursing department would do anything to compensate them for the exams that they had to take from the two new instructors.

Because she did that, the college took revenge upon my friend. HOW? There was a hurricane make-up clinical day that she missed due to sickness. But not only did she missed this particular day, so did a guy in her clinical rotation missed it as well. Six days before the final exam [the exam that can pass you or fail you and consist of material from exam 1 to exam 7 and other important material], her clinical instructor told her "By order of the Vice-President of the college, you have to make up this missed clinical day before taking your final exam." She pleaded with her clinical instructor and even the chairperson of the nursing department to allow her to make up the clinical day the day after the final exam. She told them how she needed the time frame to study and prepare for this final and how her fellow classmates were given that time frame. But they would not allow it.

The day she arrived at school to make up this clinical day, the guy was not there. In fact nothing was ever said to him.

Due to my friend having to leave [at 1:00 pm] on the day that she was making up the clinical day that she missed, she never did get finished with not only the paperwork that her clinical instructor had for her to do, but also the other three instructors of this last level, because she had to leave to pick her daughter up who got sick. And the paper that everything was written on for her to do, they had for her to leave at 5:00 pm that day. Nine straight hours of paperwork for a make up clinical day.

She arrived on the day of the final exam to take it, even though she knew that she was not fully prepare to do.

WHY? Because of their actions, they took valuable time from her.

So as she sat down at her desk, as well as her fellow classmates, her clinical instructor asked her to come to her office and to bring her pencil. So she got up, and went to her office. Her clinical instructor told her, "By order of the vice president of the college, you are not allow to take your final exam until you finish this paperwork." She explained to her that she is there to take her final exam, an exam that can pass or fail her. But that did not matter. Not only did her clinical instructor emphasized to her six days before the final the importance of her making up this clinical day, but that it was more important then taking or studying for the final exam.

She pleaded with her clinical instructor to allow her to finish the paper work after the final. But the instructor would not allow it, because, "This order comes from the Vice-President of the college. And what he says goes." So she follow the instructor to a room and sat there doing the paperwork while her fellow classmates and even the guy that missed the same clinical day that she missed, take their final exam. The exam that they had 6 to 8 days to study and prepare for.

[At 1:00 pm] the head instructor of the level came into the room and said to my friend, "Stop where you are at and come take your final exam."

Because of the actions that these people took towards my friend, she did not succeed the program, the last level of the ADN program. And not only that, they took points from her through exams and a quiz that she took from two weeks on up to three months prior to the day that she found out she did not successfully succeed the course, the program. And when she asked why were they taken points from her, the answer was "Sorry, but we miscalculated."

So now my friend is sitting at home, waiting and praying that the people that she has contacted will be successful with helping her to get what they took from her [RN Degree, pin, and any information she will need for state boards].

You see, even though my friend was not prepared enough for the final exam, she knew deep within her heart that she was going to pass. But because they made sure before she took her final exam, even on the final exam day, that she would be too upset to be able to focus and to concentrate as well as to pull from memory what she had studied to answer the questions.

If my friend calculated correctly, she only needed 1.9 to 2 points to successfully succeed the program. And she would be preparing for state boards.

Yes, my friend has contacted several lawyers. Even the Attorney General and this is what the ones who would allow her to verbally explained to them over the phone would tell her:

"You do have a case, but I do not handle that type of law."

"By law, we would represent the college before we would you."

"My office is too far to handle your case."

"You need to go through the chain of commands of your college."

"By law we would represent the college and enlieu of that, it would be unethical to advise you. Find a private attorney and meet with the board."

That's just it, to this date, my friend cannot find a lawyer to represent her, to plead her case. And that is why she once again sought the help of her representatives. And yes, she has asked each one that she contacted to prove what she has said was the truth.

As of today, she has not heard anything. So she does not know if they have investigated what she has told them or what. She does not know what she should do. She does not know if she should contact them, asking for an update or leave it along and go to another college to get her RN Degree.

So my friends, from reading, does my friend have a case? If so, do you know of a lawyer that she can contact that will plead her case, that will help her? Or who else is there that could help her?

Thanks :o

Specializes in ICU.

wow...long story. Sorry about what happened to your friend but to be honest it does sound like there's more to it...

Why would there be a time frame for preparing for finals? Don't you have the entire semester to prepare?

IMHO, it seems like there is an awful lot of blaming and pointing fingers. I don't think she would get anywhere with this. I also think she should just transfer somewhere else before she gets a bad reputation...as it will follow her into the hospitals.

We are all responsible for ourselves. If she didn't do the work, she didn't deserve to pass. No one knows if this guy made it up, but you can't make accusations about it without knowing. And the instructor is a beast because she laid down the law? No, she was a new instructor covering her own heinie... I think I would feel relief if someone pulled me out of the paperwork and let me go back to the test.

I also think there is more to the story, but we will never know.

Kristy

rogdog: You said, "What goes around, comes around," from speaking to my friend, these instructors have said that to them several times in class and truly do believe that. But I reckon they think that they are immune.

rncountry: Believe me, between my friend, others, and myself [who do believe that she does have a case], we are still looking and praying to find an attorney.

Yes they do have specific guidelines for clinicals and from what my friend has said, not only to me, but also to Head Instructor of the level, plus the other three instructors of the level, the vice president of the college and the reps that she has contacted: "The making up for the missed [HURRICANE] make-up clinical day I have and had no problems with doing it and I totally do agree with the nursing departments policy when it comes to making up for a missed clinical day. What I disagree with is:

1. How it was emphasized to me not just on one occasion, but several times, that making up for a missed [HURRICANE] make-up clinical day is more important then studying and preparing for a final exam that can and will pass or fail you.

2. How this fellow classmate who also missed the same [HURRICANE] make-up clinical day was never made to make it up.

3. I was given orders by the [vice president] of the college, who said, "She has to [finish] this paperwork before she is allow to take her final exam." At 1:00 pm, the [head instructor] of the level tells me to stop to take my final. So who is in charge?

My friend will contact her reps tomorrow to get an update.

BadBird: My friend and I have talked about that. In fact a lady from one of the local news paper did take her story as well as other fellow classmates. But the lady told her that she could not investigate or print her story unless one of her fellow classmates will tell her that it is ok to print their story as well. Yes she even thought about going to a local tv news station to see if they would do her story on tv. But she said that she is afraid because she does not want it to come back to haunt her as well as a lawsuit from the college---seeing how they are [so far] getting away with what they have done to her.

sjoe: She hasn't thought of that; calling the local BAR Association. I will let her know. It is not money that she wants, just her degree. Because she knows that she would have gotten it. Thanks for the info.

RN2B2005: Yes, she has and I do know the guy that did not have to makeup this missed [HURRICANE] make-up clinical day. He is well known by the head instructor as well as with the hospital that they did their clinical rotation at. In fact this guy worked as a tech in the OR.

What you have said, I have brought that to my friend's attention and like she told me, "If they hadn't emphasized to me that making up for a missed [HURRICANE] make-up clinical day was more important then studying for a final exam that they know and I knew could have passed me. And making sure that this guy was making up this same clinical rotation, by all means I would not be doing what I am doing. I would have took failing graciously and quitely. But it's the way they did me is why I am seeking help."

Something else she brought to my attention was this, "Put yourself in my place, in my shoes. Walk that mile with me if you can. But since you cannot, then either be more understanding and encouraging or stay out of it and keep your opinions to yourself."

But of course, in all of us we are very supicious people and we do question the hell out of things when someone is in pain or hurting. And we like to tell others how to live, what to do and how to do instead of believing and encouraging.

KP RN: My friend contacted the reps because no one who was in charge [head instructor, chairperson, vice-president], would listen to the students. But because she was the one who contacted them is why the college did what they did.

Hoolahan: Please read what I wrote to rncountry about how my friend feels about making up clinical rotations that she missed. Thanks.

She knows that the two new instructors go their jobs because of the comments that were made by them to her and others.

No, she knows of this website, but doesn't post anything. Because like she has tried to get me to see,

"No one will understand what I am going through or what I have gone through and believe me they will take what I have said [if I did post anything] and twist it. They will make me look and sound like the bad guy because they haven't walked a mile in my shoes. Also that is human nature [with today's society], instead of lifting, understanding, and encouraging anyone, we have a tendency to cut down, to be over opinionated, and to kick each other down more when we are already down. Also, they were not there."

fergus51: That's just it -- my friend did have a medical excuse for missing the make up [HURRICANE] makeup clinical day. Where as her fellow classmate, he did not.

Also on the day that she had to leave at 1:00 pm and when she is in college, she always does have it fixed to where any of her kids needs her to pick them up, their daddy does that. But on this day, he was in another state and she was closer and there was noone else. Why things like this happens, only God knows.

emily_mom: before the final exam---they were in class for 26 days. That's how fast the last level of the program goes, because they have preceptorship, which means they have 88 to 96 hours they have to get in before a certain time.

Let me just say, on the behalf of my friend who begged me not to post her story because she said,

"Too many people will read it and will twist it, will be too opinionated, too harsh, and too cold. They will be too skeptical, too questionable and will not take what she will say to be the truth. They will read in between the lines and will add what they want to instead of being supportative, encouraging, or helpful. They will kick me down more when I am already down as low as I can go. That is why I do not post on sites like the ones you have suggested or that you do. It is our human nature to be the way that we are, too bold, too cold, to harsh, non-caring [when it comes to certain things], skeptical, and questionable to anything and everything. Trust is hard to find or to get out of people because of the way society is."

But like I told my friend who says this, that is where one person can make a difference, who does believe, trust, and pray.

So thank you to all that have commented. And yes I will let my friend read what you have posted. God Bless.

Truthseeker, I still don't understand. If she knew this was a requirement before writing the exam and she knew she left the clinical day early, couldn't she have done that paperwork before the exam day? Why go into an exam knowing that she isn't allowed to write it? And did she fail the test or pass it? I don't understand if her failing was because she failed that test in particular or the previous exams they recalculated.

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