how to dispute a false accusation that results in a FAILURE

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hello everyone, i am writing this hoping that there are some ideas out there that can work for me. basically, i have been told that because of a patient's comment, it's grounds for dismissal. that is correct, based on the incredibly vague wording in our student handbook. i'll bullet the pieces of information, and hope that someone can help me out with this. i am appealing this, but am not hopeful for an outcome in my favor because of the wording of the handbook.

  • clinical day 11-27-07, everything this day was off, our instructor was hard on everyone. i've typically had a great clinical experience.
  • my patient this day was day 2 post-op; and had several outside factors that played into her stress; she was experiencing a new pain during my time.
  • she had at least 4 sets of visitors before lunch; making time with her close to nearly impossible.
  • the following day, my instructor was back on this floor **i must add that this is a floor that she works supplemental, so she knows several of the floor nurses there** and was told by a floor nurse that the patient said that i seemed nervous caring for her.
  • 6 days later, i get a call to meet with my instructor; final clinical day was to be the next day
  • she told me of this, and that it qualifies for a roub and because it's reported by a patient / nurse it's grounds for dismissal. dismissal would include a failure in the course. my grades are not suffering, at this point in the clinical portion, i needed approx 10 points out of a possible 50 to pass even with the bare minimum points.
  • after this meeting, i made an appointment with the director of the program. i stood my ground and requested more information...subjective data needs to be backed by objective data.
  • this past tuesday i met with both the instructor and the director.
  • the director talked with the floor nurse and was given this the patient said that she seemed nervous and was scattered, a bath is steps 1-5, she was all over the place.

  • i about threw up, i did not give this patient a bath. i had prepped her shower because she chose to take a shower that day. however with her pain and visitors, she did not shower before i was through for the day.

  • i told this to the instructor and director and basically was told "too bad"

  • other information

  1. i worked with 2 other nurses that day, why haven't they been asked?

  2. one nurse i worked with directly with the patient that made the alleged complaint. one solely with another patient.

  3. this patient had 3 students in three days
  4. the floor aide looks like me
  5. why wasn't the chart checked?

  6. why is this all so vague?

  • so, since i am a student, i'm not able to even get the basic information regarding who, what, and when the bath was given.

  • it is me against the patient, nurse, instructor, director, dean, vice president, and president.

  • who is my advocate?

this is what our handbook says about roub's and discipline (record of unsatisfactory behavior)

  • 4. protocol for implementation of record of unsatisfactory behavior
    a. the instructor notifies the student of unsatisfactory behavior and its implications when the instructor becomes aware of the behavior. (handbook, 2007-2008)
    i was notified 6 days later

i am being given this under basis of #3 below...i have not had less than a satisfactory rating, have been written incredible comments about my practice, had letters sent to my instructor from units that were beyond supportive. my points and tests are great. this was all the second to last clinical day; because this wasn't rectified (i didn't sign the record) i was unable to attend the last clinical day.

situations which require review and/or a record of unsatisfactory behavior and which may cause the student to fail the course or be dismissed from the program are: (see e on pg. 13, "termination from the program".)

1) when two unsatisfactory incidents occur in the same academic semester

2) when the same type of unsatisfactory behavior is documented more than once in the same or in a previous semester

3) when hospital staff has expressed grave concern to the instructor regarding a student's clinical performance

4) when the affiliating agency refuses to allow a student to perform in the clinical area

5) when an unusual incident occurs or when a single unsatisfactory behavior is of such magnitude that dismissal from the program is considered

so, was giving a bath nervously a grave concern? was the comment shared in light conversation due to the possible working relationship on the floor of my instructor?

so, an f will go on my gpa, will set me one full year behind, i'm set to graduate in may.

ok, this probably all doesn't flow right, but i would love some input on what options, i have outside of the typical process, dean, vp, pres. one note, is this needs to be rectified by friday of this week (december 21)

thanks for anything in advance, feel free to contact me privately or here if there is more information...

amy

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Do not have any helpful advise seems like a tough situation to be in. When I was in clinicals a fellow student nurse told my instructor I was unsafe , because I asked her for physical help transferring a patient. My clinical instructor had me in the office almost in tears, defending myself. Everything worked out in the end though. Hope you have a good outcome too. Keep us posted and keep your head up.

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Specializes in Home Health Care.

Just wanted to tell you, I'm sorry you had to go through this. It's sounds like the same kind of hell that went on at my school. I have no advice on how to get you out of the situation, just wanted to offer my moral support. :icon_hug:

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I, too, am a student and am horrified over what this situation sounds like. A ghost hunt and over an alleged bath or nonbath. I could get and would if it were me, angry about this. My advice is to, and most schools have this as an alternative, is file a grievance with your school. I sit on my school's grievance board at a student advisory position. At least at our school, the student files a complaint and the board meets, usually the Dean/President is present along with only 1 person from your department, nursing, the rest consists of 1 student and 4-5 other independent persons to listen to your case. Even if it didn't go my way I would have it documented somewhere that this is total BS.

Just my few cents.

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From what I am hearing, there isn't a board like you mention, which would seem logical to me. It's me meeting with the person and after they say no, I go to the next higher level, until I get to the president of the school. You are right it's total BS and if they would have done a full and thorough investigation they would have seen just exactly what I'm telling them.

Thanks for the support, I'm looking forward to this week before Christmas break and dealing with all of this.

Amy

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Specializes in Family Nurse Practitioner.

I have no idea what would help you but wanted to add that from what you wrote this is a train wreck. Best of luck to you.

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I would take your case back to the nursing instructor, but do not come across as acusatory. Only point out your good attributes; nursing instructors HATE being told their wrong, esp. by students. Point out your good grades and your prestine record, and ask them if there's anything that you can do to graduate on time. If this doesn't work, go up the ladder until you find someone that can help.

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(((HUGS)))

Sorry I don't have any advice for you. I'm, starting in Jan. '08 and your story makes me quite nervous.:o

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Well, I wrote a really long reply to this, and then timed out and lost it all. :madface:

So the short version of my response is this: if things do not pan out, consider getting a lawyer involved. I know it's easy for me to say, not being in your shoes - and it's probably the last thing you want, but if this situation is as you describe it, well, something like this just should not go undisputed. Way too many loose ends here. Even if you do still end up getting dismissed, your school's nursing faculty still needs to be made aware of what a ridiculous decision this is that they'll be standing by, because it could easily happen to anyone else in the future. I've worked as a tech and a transporter for over 2 years, and I've seen patients complain all the time over far worse things (and far more verifiable things), and no one lost their job or even got reprimanded over it. I mean, I'm only a 1st yr student myself, so what do I know...but this just sounds ridiculous. Man, you might even need to go to the press..this irritates me just thinking about it! Of course, kmcnelly makes a good point - don't come off as accusatory. Kill the whole thing with kindness, but still make your point. This should be on them, not you. I'm almost wondering if this pt's nurse didn't simply misinterpret something that was said by the pt, and then it just went downhill from there...?

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Wow, you've stated exactly what I've determined I will do. I am submitting my formal Student Academic Grievance today. I noticed that this will get submitted to the President, so he will hear of it today. If I just met with the dean, then the VP, then the P...he may not know of it because if any of them overturn it I don't have to continue, BUT they will know.

This is really how I wanted to spend my christmas!

Amy

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Specializes in Cath Lab/Critical Care.

Oh my goodness...I am sooo sorry that you are having such a terrible experience! Please don't give up, and try to remain calm and self-assured (while you deal with officials, instructors, etc). Frankly, I don't understand how a sick, recovering patient making a generalized comment about a student seeming nervous while giving a bath could POSSIBLY be construed as a grave concern. Talk about making a mountain out of a molehill! Hang in there, and keep us posted! Good luck.

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Wow, you've stated exactly what I've determined I will do. I am submitting my formal Student Academic Grievance today. I noticed that this will get submitted to the President, so he will hear of it today. If I just met with the dean, then the VP, then the P...he may not know of it because if any of them overturn it I don't have to continue, BUT they will know.

This is really how I wanted to spend my christmas!

Amy

I am glad you are taking steps to at least get this addressed by the President of the school. Grievance policies are there to protect the school but also protect a student who has been mislead or wronged by the faculty or school. You have definitely been wronged. Now, what I would suggest is that if you go to a meeting about this, I WOULD NOT hang this solely on the instructors. The instructor goes on what the preceptor, nurse on duty, relays to them. That instructor could have been given misleading information from the nurse, who in turn could have gotten bogus info from the patient. So, the best thing, in my opinion, is to go in saying I have the right to know verbatim the accusation, where it came from, and why such harsh punishment for something that I can assure you did not occur. Give them a chance to give their side, if they tell a bunch of BS then nail them to the wall. I too would record the information on a tape, tell them you are recording the conference for your protection. We have students do this at the grievances I attend at my school. The staff kinda rumbles about it but it is TOTALLY within your rights, unless it says in the grievance policy "no recording allowed of any proceedings" it is within your rights. By recording this if you have to take this to the next level, legal action, you have in their words what was said and they cannot go back on their words. The taping also gets people to talk very carefully because they know how serious you are when you are taking these steps.

Good luck and keep us posted.

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