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

My heart goes out to you. Believe me! I won't go in depth into my story but let's just say. I have exemplary grades, excellent clinical skills, I have never had any issues with any patients, I get compliments from patients and staff. But yet I am told I lack in emotional maturity and professionalism. Pretty much because I voice my thoughts and opinions. And because I choose not to be best friends with my fellow students. I am 26 years old, married with a 3 year old and I am 7 months pregnant. I will graduate in May, regardless. But I do keep pretty much to myself now.

Anyways, what I have discovered is that most nursing instructors and programs want you to fit into this little "nursling" mold. Most people just deal and adapt and not say a word. While others, like myself, speak up, question, and defend themselves. This can be good or bad whenyour actually out there practicing. You have to know when to speak up and when to keep your mouth shut. I am still learning.

I have heard many stories similar to yours and mine. What ends up happening is you don't fit that mold. There are a series of situations where nothing gets said, and then the instructor finally decides they want to make an example of you.

The best I can tell you is proove yourself and pursue this utter BS!

Specializes in NICU.

Have you talked to a lawyer? They would have a better idea of where to go with this.

Since you're forced to wait another couple of weeks, can't you attend class, even unofficially until a decision is made?

The accusations sound ridiculous--of course you might appear "nervous", you're a student and no bath? That was out of your control--can you imagine the fuss if you had kicked her visitors out and made her get in the shower; patients have a right to refuse any treatment, including baths.

I hope this works out for you soon.

{{{{{Amy}}}}} I'm sorry :(

Specializes in Peds Cardiology,Peds Neuro,Pedi ER,PICU, IV Jedi.

Amy,

I'm so very sorry to hear about your situation, I hope a resolution presents itself faster than you've been told for your own sake. I find it utterly ridiculous that it hasn't been investigated yet.

I also agree with hikernurse - call an attorney and see what, if anything, you can do.

Specializes in NICU.

Situations like this make me absolutely mental. We are facing such a nursing shortage, to the point that patient care is often getting to unsafe levels, nurses are burnt out left right and center, and here we have a someone who clearly wants to do what she is doing, or else why fight so hard and they are pushing her out over the most flimsy excuse ever. Nervous? How can you not be nervous as a student? I would be more scared of the student who is never nervous about anything as they are the ones who think they know it all. To me being nervous shows a sense that you understand that bad things can happen if you don't do your job right. And I know this being "nervous" was over a bath, I am just talking in general. Why can't nurses stop this history of eating their young? Its such an unattractive title to live up to. For all the preaching of changes to the profession and how it "used to be" this shows me how far we have to go. **Rant over, sort of**

I wish you all the best, the fact that you are willing to go to the lengths you are going, to rectify this situation, shows me what utter dedication you have to what you believe in. Even if you can not come out with a good resolution to this situation at this school, keep up with becoming an RN, because you will make an excellent nurse.

Specializes in LDRP.

Amy,

NO advice here--I have seen several students failed on a subjective basis. No, it isnt fair. Please dont give up on nursing school because if this! I second contacting an attorney and keep good documentation. Take care and (((hugs))).

You know, imagine if a med student got flunked every time he "appeared nervous". We'd never have any doctors! Heck, we'd never even have hospitals! Civilization as we know it would collapse!

Okay, maybe I'm getting carried away, but still. This is just outrageous.

My teacher failed me in clinicals in cardiac. I had a needlestick the last day of clinicals, but she said that wasn't why she failed me. I called her after going to get my needlestick checked out, and she said I was going to fail clinicals. She said that she had other things on me. I took the last test plus the final after that. I knew I had to take the course again, and I wanted to learn as much as I could. My written and computer test grades were all passing (above 80%). I applied for reinstatement and I got a letter stating:

"The Nursing Resinstatement Committee has reviewed your petition for reinstatement into Nursing 222. The committee has determined that you are ineligible to reinstate and have been dismissed from the nursing program."

It goes on to say that I can contact Career Planning and Placement for assistance in selecting other occupations. There wasn't even a signature on the letter. It just said "Nursing Reinstatement Committee".

I could tell from the first day of class that the teacher definitely did not like me. One day in clinicals she said I made her nervous.

If I can take Cardiac over, I only have four (5.5 week) classes and one 11 week class after that to finish. There are 2 other teachers that teach this class. People who fail theory are given 2 tries and sometimes 3 tries to pass the same class. There are some nursing students that have failed 2 or 3 different nursing classes and are still in the RN program. I have never come close to failing a class before. I have excellent grades. I have worked as a PCT in a hospital on weekends since September so I am getting more hands on experience all the time . I am waiting for the appeal process form to be e-mailed to me so I can fill it out. If I don't get reinstated, the nursing department will have a long battle to fight. I have received much verbal support from other students and RN graduates. If I have to go outside of the school, I have already checked into some organizations that are willing to help me.

I plan on taking a phlebotomy course, in the meantime, until I can get reinstated. This requires 25 hours of clinical experience. I think this will help strengthen my clinical skills.

Please give me your input.

Bev

Specializes in acute care.

Did she tell you what things she had on you and/or why you made her nervous. Don't nursing students get regular evaluations throughout the semester to know whaat their progress is, or do students just go through the entire semester not knowing how well or badly they are doing?

My teacher failed me in clinicals in cardiac. I had a needlestick the last day of clinicals, but she said that wasn't why she failed me. I called her after going to get my needlestick checked out, and she said I was going to fail clinicals. She said that she had other things on me. I took the last test plus the final after that. I knew I had to take the course again, and I wanted to learn as much as I could. My written and computer test grades were all passing (above 80%). I applied for reinstatement and I got a letter stating:

"The Nursing Resinstatement Committee has reviewed your petition for reinstatement into Nursing 222. The committee has determined that you are ineligible to reinstate and have been dismissed from the nursing program."

It goes on to say that I can contact Career Planning and Placement for assistance in selecting other occupations. There wasn't even a signature on the letter. It just said "Nursing Reinstatement Committee".

I could tell from the first day of class that the teacher definitely did not like me. One day in clinicals she said I made her nervous.

If I can take Cardiac over, I only have four (5.5 week) classes and one 11 week class after that to finish. There are 2 other teachers that teach this class. People who fail theory are given 2 tries and sometimes 3 tries to pass the same class. There are some nursing students that have failed 2 or 3 different nursing classes and are still in the RN program. I have never come close to failing a class before. I have excellent grades. I have worked as a PCT in a hospital on weekends since September so I am getting more hands on experience all the time . I am waiting for the appeal process form to be e-mailed to me so I can fill it out. If I don't get reinstated, the nursing department will have a long battle to fight. I have received much verbal support from other students and RN graduates. If I have to go outside of the school, I have already checked into some organizations that are willing to help me.

I plan on taking a phlebotomy course, in the meantime, until I can get reinstated. This requires 25 hours of clinical experience. I think this will help strengthen my clinical skills.

Please give me your input.

Bev

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