Published
I said I wasn't going to dwell on this, but I just can't help it.
I took a test yesterday. I passed it. But.... two of the questions my instructor had on the test we never lectured on nor was it even in our book. One of my classmates, asked her how are we suppose to know about that if we never covered it?
She replied with well, I guess you won't, but now you know what it is for next time. Next time, I thought. A few of my classmates did not pass due to the two questions. I could have gotten an A if these two questions weren't there. UGH! Each question was worth five points. Yes, thats ten points I could of had. Double UGH!
That's 80 instead of 70 for a classmate.
Is she going to do this with every test from now on? Its bad enough I don't like my med/surg. book. Now, I am scared.
Do you guys think this is fair?
Even if your recordings are not admissable in a court of law they will be helpful to your attorney so don't discount them. Keep on kicking. Every day you survive this hell is one day closer you will come to getting what you ultimately want and getting as far away from there as possible. Good luck.
Have you followed up on the first grievance? Have you contacted the EEO/Affirmative Action Officer at the school?
Please look into your student handbook and follow the appropriate grievance procedures to the letter. These boards and procedures are in place for the student population, but if they are not used, or followed, the school or any individual involved with the school can not be found culpable or negligent. This may be where the Chancellor is coming from, the administration can't afford to advise or help you beyond a certain point. If the Dean misguides you all, now she is negligent and culpable also.
The original complaint may be sufficient for the original problem, another complaint(s) should be filed for the continued harassment, following the original complaint. I am not a big fan of "go get a lawyer, media" talk, especially if the proper grievance procedures have not been followed. Without following the basic procedures correctly you have not offered the school administration the formal opportunity to address the problem(s).
The attorney that wants $300 per student sounds like a thief. $300 per student? That is a very high retainer in all likelihood.
The instructor made racial comments. Call the ACLU.
Call the news media.
Anyone who just rolls over in this case is just giving her want she wants.
There are ways to fight this and just sitting back isn't going to do anything to help the situation.
Has anyone called the state board of nursing?
Stop trying to fight this at the school level.
I absolutely agree that it needs to be in writing AND now be taken above the school level. Calling the ACLU, EEO and Board of Nursing are great ideas. They will try and help you for free. This school is trying to cover it's tracks and move on. They have succeeded in the past as you now know this issue has been present for classes before you. Time to make it stop and force the school to do what is right.
I believe the tape in this case would be legal because tapes are often permitted to tape lectures. The attorney, ACLU, BON, etc. will love that you have actual proof of her racism. She's so smug she doesn't even care.
The problem with going to the ACLU/Media/Lawyer (outside the school) at this point is that IF all redress procedures have not been followed per the student handbook/ school policy, the school officially has no responsibility to act. Think about it from a nursing standpoint, "if it's not documented, you didn't do it." Add to that, the grievance procedures typically have a time line (30-60 days) to allow for investigation, defense, hearing, and action; the original incident was on 1-10-08 (3 weeks ago) the written complaint was initiated on 1-23 and the OP didn't sign until 1-28. The system in place must be allowed to work (or fail) before outside entities are brought in to it. These are very serious accusations, therefore all concerned must take appropriate, measured steps to correct the problem.
As I said in an earlier post, "if you're going to make waves, be sure you can swim." This will not be an easy period of your life, all you can do is try to remain focused on your studies and do your best on the, possibly rigged, tests. If you allow yourself to be consumed with all that is wrong, you will not be learning what you are supposed to be learning.
What if you all fail the semester, but the grievance committee allows you to retest due to the unfair testing you were originally subjected to; would you be able to pass a "fair and objective" test made from the syllabus? All the pain and BS could be for nothing, essentially you prove the instructor correct by not learning the material.
I'm speaking from experience from sitting on various EEO boards and committees while in the Navy and private sector. These matters are very serious, and must be handled per the organization's (public or private) policy, as well as, State and Federal law.
The problem with going to the ACLU/Media/Lawyer (outside the school) at this point is that IF all redress procedures have not been followed per the student handbook/ school policy, the school officially has no responsibility to act. Think about it from a nursing standpoint, "if it's not documented, you didn't do it." Add to that, the grievance procedures typically have a time line (30-60 days) to allow for investigation, defense, hearing, and action; the original incident was on 1-10-08 (3 weeks ago) the written complaint was initiated on 1-23 and the OP didn't sign until 1-28. The system in place must be allowed to work (or fail) before outside entities are brought in to it. These are very serious accusations, therefore all concerned must take appropriate, measured steps to correct the problem.
They can still take it outside the school so that they as students have assistance. Having another agency involved can help push the school to act properly.
I don't have any advice, I just wanted to wish you lot's of luck. It's a pathetic shame that your education is being put at risk because of this instructor and I don't care who she thinks she is, she is just WRONG.
Please keep your head up, keep studying your butt off and try to stay ahead of her games. Support the Deans position as best you can without getting distracted from your studies.
Best wishes.
Since filing the grievance the instructor has told a paid tutor not to help them in an area they feel they need assistance. She has also made more racist comments that are on tape. They went back to the Dean again. The Chancellor has taken no action against the instructor as of yet and hasn't even approved a re-test even knowing there is no master test. The Dean seems to want to do the right thing, but their hands have been totally tied.
Under such dire circumstances the students don't have another 30-60 days. Do they continue to be abused by a school that has admitted this instructor has a history of poor behavior?! No.
They can send letters and make calls. They are in desparate need of muscle and backing. My guess is the instructor is making threats of a racially biased suit herself. The school does itself more damage every day by letting her remain. They are banking on these students being beaten down and backing off like it appears others have before them.
They need to take a stand as much for themselves as for future students. The agencies can give them advice, offer strategy, get directly involved or not, etc. It doesn't hurt any to seek outside counsel and help. Having her on tape should get someone moving. They need outside help and I pray someone steps up to the plate here.
I understand where you are coming from, my point is that if the students have not "dotted their I's and crossed their T's" they lose credibility if they go to the outside. They must properly address the problem(s) in writing, preferably to the school's EEO board. The Dean of Nursing is probably a great educator, but she is not an expert in the EEO arena, that is where this needs to go.
You also must consider the timeline, it is unrealistic to think that a public institution (probably unionized) would fire or suspend an employee over of an accusation without first thoroughly investigating the matter. And a thorough investigation takes more than 4 days (OP signed on 1/28).
Best of luck in whichever route you choose.
I guess fair or unfair is subjective. Unfortuantely some type of tests are not designed to be fair, it is designed to make you read ahead, or think ahead, or whatever including material the instructor did not cover.
I have had a strange thing with most of my instructors even in non nursing classes and every one of them was either a nurse, married to a nurse, or had some kind of microbiology degree and made up their test questions in a similar manner. I got used to being tested like this from day 1 that I went back to college. I rarely get the instructor who likes regurgitation type tests.
The other thing is that they also did throw out a problem question if everyone or the vast majority missed it. One teacher I had would check to see how many answered the wild card question wrong, if he noticed that most students all had the same wrong answer then he threw it out or curved the test.
If you really feel that this is a horrible way to test overall then I think you should consider becoming a nursing instructor a few years down the road. If you can't beat the system then change it.
APBT mom, LPN, RN
717 Posts
This instructor is on a power trip from :angryfire:devil:. I would demand a refund from the tutor. She's there to help you learn not hold your hand. The poor Dean at least someone in that school is on your side. I agree with the post above call the news (here we have consumer laywers that work at the news stations and they'll investigate things for you) the paper (the major one in your area), the NLN, BON, whoever else has accreditation in the nursing department, the Dept of Education, find out who donates to the school/nursing department and call them, call around for attornies that let you pay when they win the case. The master scantron has nothing bubbled in because it's not the master and the Dean knows that and she's probably right about the last test that she sat in on. You are right about one thing at least you all are going through this together.
If you/any of the other students do go through with an attorney you need to see if your state allows to record a person without their knowledge. Some states don't and anything that you have recorded will be thrown out of an actual case.
Good luck.