Can they do this?

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Specializes in Ortho, Neuro, Internal Med.

I have a huge problem. It is a long story so if you need more details I can provide but I'm going to shorten this here.

As of 1 week ago I was dismissed from school due to failing three classes which is their limit. The first two classes I failed was in September 2014, the third March 2015. The school checks everyone's grades after each session. Each session is 8 weeks long. I have since re-taken those classes and passed them as well as 3 other classes. I do not deny that I should have been dismissed but six months later after I've re-taken them as well as further classes? I have been receiving financial aid during this time as well. I don't know if this is right or if I should pursue a second appeal at the national level. Do I file a formal complaint. Do I have any rights here?

I hope someone can provide some sort of insight here.

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If the school's policy is that you're dismissed after failing three classes and you failed three classes, then you're out. When you enter into a program, you're agreeing to their policies and procedures, whether you like them or not. You always have the option to turn down your seat in a program if you disagree with their practices.

The only "rights" you have here is to reapply and work harder the second time around so that you don't get dismissed again.

Good luck.

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Yes, they can do that. You agreed to their terms when you signed up for school. You got three chances and blew them all. You can try to appeal but the likelihood of you winning an appeal is slim to none.

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Specializes in Prior military RN/current ICU RN..

Any "rights" for what? What would you be "complaining" about and to who do you plan to "complain"?

You need to be the expert on the rules you agreed to at the school where you were kicked out. If they have violated their own SOP then you have something to stand on. If they have not violated their SOP then you can complain all you want and it won't matter.

No one here can answer as all schools have different SOPs and rules as to how they operate.

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Specializes in Complex pedi to LTC/SA & now a manager.

Repeating a failed class does not negate that you failed the class. Most schools 2 failures and your out, you had 3 chances. Your responsibility was to pass your classes the first attempt. If they dismissed you after one failure then appeal. But you failed two classes and then a third months later. If you appeal it's likely to be rejected if heard at all as you knew the policy going in

So in answer to your question yes they can do this with no recourse even if they didn't follow up until 6 months after your third failure. You knew you should have been dismissed so you should 't have been surprised. Be prepared financial aid refunds may be due based upon the scenario you described, not guaranteed but a very real possibility especially if a for profit school highly scrutinized by the government.

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Specializes in Acute Care, Rehab, Palliative.

Yes they can. The limit is three fails and you failed three. That's pretty clear.

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Specializes in Ortho, Neuro, Internal Med.

I am very much aware that I have failed three courses and what the rules are. The problem I have is that it is 6 months later that they have caught this. They, the school, filed an appeal on MY behalf. The student services mgr said that it should go through just fine since it was their mistake. Then it was denied. Do I agree that I should have been dismissed back in March? Of course I do. But, I assume that some students would be just like me and not want to say anything and hope that it would be looked over. I didn't want to go say that I had failed three classes and ask to be dismissed from school. Furthermore, I have so much on my mind as it is with school, job and 4 kids that I didn't even realize that I had failed three classes. It sucks. I am not making mistakes for my failures. I was just hoping someone might have advice for me as I feel like this is wrong to take action 6 months later, then tell me it will just blow over and then it be denied.

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Specializes in Hospice.
I am very much aware that I have failed three courses and what the rules are. The problem I have is that it is 6 months later that they have caught this. They, the school, filed an appeal on MY behalf. The student services mgr said that it should go through just fine since it was their mistake. Then it was denied. Do I agree that I should have been dismissed back in March? Of course I do. But, I assume that some students would be just like me and not want to say anything and hope that it would be looked over. I didn't want to go say that I had failed three classes and ask to be dismissed from school. Furthermore, I have so much on my mind as it is with school, job and 4 kids that I didn't even realize that I had failed three classes. It sucks. I am not making mistakes for my failures. I was just hoping someone might have advice for me as I feel like this is wrong to take action 6 months later, then tell me it will just blow over and then it be denied.

You may think that six months was too long for them to wait to dismiss you and that passing two of the courses on the second go-round wiped out the first two failures, but unfortunately, what you think doesn't have much bearing here.

Is there anything in writing that says they are supposed to notify you within such and such time frame? Is there anything in writing that says passing a course after retaking it wipes out the initial course failure?

Since you don't mention either of those, I would guess that there isn't. Which means you failed three courses. Which means you're out.

Also, how do you not realize you're in danger of failing a course? Generally students at the college level are expected to keep up with what their grades are going to be. Being busy isn't an excuse. Everyone's busy.

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Specializes in Neuro, Telemetry.

Unfortunately, there is likely nothing you can do. The school has every right to dismiss you. Especially since you showed poor judgement and were not exactly honest about knowing you had failed and continuing to enroll in courses. Whether they caught it right away or 6 months later, YOU knew you failed 3 classes and YOU chose to continue enrolling in and paying for classes. The school did not force you to enroll in your next classes and they did not force you to use FA to pay for it. YOU tried to hide something and got caught.

As much as this sucks, the school did nothing wrong by not catching this. Sure, this oversight sucks but is probably not common. YOU, however, did do something wrong by knowing you should have been dismissed by failing 3 classes and choosing to essentially lie about it by continuing to take course. You even admit that you intentionally did nothing in hopes it wouldnt have been caught. Had they not caught this until right before graduation, there would have likely been the same result and that would have sucked even worse for you.

Paying the the consequences for your own actions does not mean the school did something wrong.

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Specializes in Acute Care, Rehab, Palliative.

Jensmom has a point. You must have been aware you were in danger of failing these classes. Most schools have some sort of system where they talk to students close to failing something to come up with a strategy.

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Specializes in 15 years in ICU, 22 years in PACU.
I have so much on my mind as it is with school, job and 4 kids that I didn't even realize that I had failed three classes

So, you failed 2 classes in one semester, very much aware that your school has a 3 and out policy. Rather than clarifying your status with regard to being dropped from school, you assumed "that some students would be just like me and not want to say anything and hope that it would be looked over."

You borrowed more money and took another semester of classes where you failed yet another class. It being your third, you met criteria for expulsion and the school expelled you. Now you're complaining that since they took too long to notify you they were enforcing a contract you were very much aware of you feel you should have a right to appeal your school's decision to some national authority. You hope to accomplish what? Reinstatement in your program with the understanding that YOU get to fail 4 classes before being thrown out. Confirm your expulsion but get reimbursed for the semester of classes you took except for the class you failed? Have the school pay for some time management classes so you can figure out how to keep up with school, job, 4 kids and counting to 3?

Just stop talking. There is no excuse for NOT KNOWING YOU WERE FAILING three classes. Actually you had already failed two classes, so you really were only having to keep from failing one class.

PP said it all "You got three chances and blew them all."

Your school might allow you yet another chance if you beg for mercy but you go and start filing complaints and they have no choice but to let you melt in your own bowl of entitlement.

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Furthermore, I have so much on my mind as it is with school, job and 4 kids that I didn't even realize that I had failed three classes.

Oh COME ON. I don't know if you have any recourse due to the delay in processing your status in the program, but saying you didn't realize you had failed three classes just defies belief.

Go through the policies/procedures manual of your university with a fine tooth comb and see if there is any loophole present with respect to the delay in notifying you of termination. See if there are additional appeals processes available to you.

Some people have had their completed degrees revoked well after the fact for various reasons. In football, if you can get the next play started before a referee realizes you were actually out of bounds on the previous play, you're golden. But this isn't a game, and universities usually reserve the right to revoke your admission retroactively if the circumstances support it.

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