HELP! I got dismissed from my nursing school

[basid786]

The school is a private school and this is what happened.

It was my last day of clinical (and last 6 months) and I was supposed to shadow a nurse in the emergency fast track (basically a department dedicated for non emergency care). When I was put there, there were no patients around because the department just opened. So what we did was just talk and after a while she started working on her paper work. This lasted for a good 20 minutes until our first patient arrived.

Unfortunately at this point, I was very tired and I came inside with the patient. Everything was fine, I told the patient I was very tired because I stayed up the night before working on a paper and that today was my last clinical. After that was done, the nurse again started working on her paper work. Again, I just sat there for like almost 10min.

Finally she got up, ready to give a shot to the patient, and I immediately followed her but she told me to stay. After this, she came back and that was the end.

We sat for another half hour doing absolutely nothing. I even went to every patient room to look busy and went to the bathroom to clean it but still I had a great deal of free time. I sat on my chair again, and again started looking very tired. After the shift finally ended my nursing instructor came down to relieve me.

Unfortunately, the nurse told my clinical instructor what happened. My clinical instructor was furious, and a long story short she than told the dean. And then during my clinical evaluation they failed me.

I still don't understand why. I was tired, that was all. They forced the nurse to write a report about what happened, and by force I mean the dean calling that nurse several times for nearly 2 weeks until the nurse finally wrote the report.

Under why I failed it stated because of inconsistencies in performance, and paper work. However, all my paperwork was fine. I passed with everything with at least B's. The same applied to performance. I argued and argued but no avail.

Last week the V.P. of academic affairs gave me my final appeal decision which was that the nursing committee decision stands. Her final decision is "had the POTENTIAL to put patients as risk".

This doesn't make sense. If I wanted to, I could have just told the nurse I am feeling very fatigued and I need to leave. We as nursing students have every right to do that if it may endanger a patient. But obviously that was not the case because I chose to observe that day rather than having a patient assignment, as did others because it was the last day.

I am furious. I want to sue under breach of contract, (nothing states I cannot come to clinical being tired) and being arbitrary and capricious in their decision.

Any advice?

What do I need to prove to win?

Please help.

Additional details

• All charges against me have been false. From paperwork to performance (have weekly clinical evaluation forms that state I was performing well. I passed all paperwork as wel.
  
• I was in the ICU earlier that morning, without incident. Under the watch of many medical personal. No one complained.
  
• The nurse report stated "his eyes were closing, nodding off, and jerking himself side to side to stay awake". It does not say I fell asleep. Allegations which the department said I did.
  
• I have other nursing students who wrote for me stating that they observed others being extremely tired to clinical. And displayed similar behavior themselves. But no consequences, because obviously it was a onetime thing. (Just like my incident).
  
• I was never warned, it was out of nowhere. Previous landmark decisions in court have stated that students are entitled to be told of their inferior performance, in order to improve. I was not told this. And again documentation states I was progressing well.
  
• Nothing is objective. Nobody say me physically sleeping. It's one nurse assumption that I was very tired. The school is interpretating the incident as me putting a patient in danger. Impossible seeing that I had no patient assignment.
  
• I was merely an observer.

[Bortaz, MSN, RN]

I missed something...did you go to sleep at your clinical site? How can you be dismissed for being

tired?

"Unfortunately, the nurse told my clinical instructor what happened."

What did she tell them? What happened, exactly?

[basid786]

missed something...did you go to sleep at your clinical site? How can you be dismissed for being

tired?

I did not fall asleep. The letter that the nurse wrote to the university stated that "my eyes were closed, nodding off, and jerking himself side to side to stay awake". I say the key word is ..."To stay awake". So obviously I didn't fall asleep, because she would have simply put that. They claim that I did fall asleep, and now I think they just simply stating that I had "the potential" to put patients in danger.

"Unfortunately, the nurse told my clinical instructor what happened."

What did she tell them? What happened, exactly?

That I do not know. The letter in which she was practically forced to write explained everything. I called the nurse, and she never answered. I let my friend go speak with her, and upon being confronted about the letter she immediately turned around, walked away, stating "his clinical instructor told me to write it" and her manager escorted my friend out. I want to talk to her. What should I do?

[Bortaz, MSN, RN]

I don't think you should pursue the nurse.

Where was your clinical instructor when this was going on?

[SuesquatchRN, BSN, RN]

I did not fall asleep. The letter that the nurse wrote to the university stated that "my eyes were closed, nodding off, and jerking himself side to side to stay awake". I say the key word is ..."To stay awake". So obviously I didn't fall asleep, because she would have simply put that.

Dude. You fell asleep. The nurse didn't want to say that because she didn't want to get you dismissed from the program, but she sent you home because you were clearly in no state to continue.

[traumaRUs, MSN, APRN]

Sounds like you disagreed with the school's ruling, went up the chain of command, your appeal was denied. Now, unfortunately, you may need to re-evaluate your career choice: either apply to a different nursing program or re-apply for next semester or year to this one.

Good luck.

[kharing]

Hopefully you can retake that semester. Lesson learned. If you press the issue further, you may break some bridges. Good luck - sorry this has happened. I bet if you were on a busy unit, you wouldn't have been so tired.

[goodstudentnowRN]

Just brush yourself off and move on. This is not the end. It is sad that a lot of money is lost here. For a private school I am very surprised. They should have looked into this carefully, with this harsh economic climate it is very hard to lose so much money all because you are trying to achieve your dream. I believe there is a better way to deal with this situation, this was not a medication error or you did not put a patient in danger. This instructor is going to be held accountable later in life, what goes around must comes around. God will wipe away yopur tears, keep riding on. I have been through a lot at a nursing college I used to attend and now I am almost finish. You can repeat the semester but do not talk much to this instructor. Some of those nurses are hyprocrites just do your best.

[canoehead, BSN, RN]

The nurse report stated “his eyes were closing, nodding off, and jerking himself side to side to stay awake”. It does not say I fell asleep. Allegations which the department said I did.

You were too tired to be working, and should have recognized that for yourself. Even if you have no patient care responsibility you have an obligation to look professional. When you go to clinical you need to be alert enough to interact with others and learn.

[Ambitiouz]

I am sorry that you are having to deal with this. I had a bad experience with my first attempt at a nursing school, and I wouldn't advise pressing the issue because if you want to repeat this semester, the faculty/ dean will find a way to deny your re-admittance. It's not right, but people in a position of power can do that, so you must tread lightly. Just pray about it, you'll get through this.

[caliotter3]

That something like this would happen on the final day of clinical is unfortunate. If your alertness was a problem, your preceptor should have spoken to you on the spot. That is the professional thing to do. Going behind your back and making accusations, true or not true, is not professional. Consider this to be your first encounter of the negative side of nursing. You will meet people like this and must be wary of them. I am not saying that your were wrong or not wrong. I wasn't there and did not observe you. I only am saying that the clinical preceptor was wrong.

You will need to attempt to reenter your school next term or find another nursing program to attend. Next time around, remember that clinical is very subjective and you can be failed very easily. Do not give anyone the chance to fail you out. Always be prepared and professional while you are on the floor. It doesn't hurt to smile, be pleasant with, and try to find something in common with your clinical preceptor. They are able to make you or break you and sometimes just being personable can be the key. Good luck in your future in nursing. And BTW, I got a good going over during my final clinical rotation also. I later found out that my preceptor had been told by my clinical instructor that she was to insure that I didn't make it. Strange that one of the staff nurses who was favorably impressed by my performance took it upon herself to make me aware of this. I know it doesn't make you feel better, but you are not alone. Pick yourself up and go for it again. The final semester is not the place to fail.

[SummerGarden, BSN, MSN, RN]

you will need to attempt to reenter your school next term or find another nursing program to attend. next time around, remember that clinical is very subjective and you can be failed very easily. do not give anyone the chance to fail you out. always be prepared and professional while you are on the floor. it doesn't hurt to smile, be pleasant with, and try to find something in common with your clinical preceptor. they are able to make you or break you and sometimes just being personable can be the key.

very good advice, i do this too. i really believe it kept me from failing out the times i got nurses who were unfair.

her final decision is “had the potential to put patients as risk”. this doesn’t make sense. if i wanted to, i could have just told the nurse i am feeling very fatigued and i need to leave.

if you had, you may still be a student. i'll play devil's advocate so that you can get a better understanding of what you are up against.

i am furious. i want to sue under breach of contract, (nothing states i cannot come to clinical being tired) and being arbitrary and capricious in their decision.

i hope that is not part of your argument and you are just venting. the reality is student nurses fall under a similar practice as registered nurses; we cannot come to work impaired. being "too tired" to remain alert is considered impaired in most states.

-all charges against me have been false. from paperwork to performance (have weekly clinical evaluation forms that state i was performing well. i passed all paperwork as wel.

yes, but that is in direct contrast to this incident, which one can argue means that your performance is inconsistent overall.

-i was in the icu earlier that morning, without incident. under the watch of many medical personal. no one complained.

this does not matter. the incident still occurred despite your earlier performance. this is similar to a nurse making a med error on one patient in the pm but passed the other meds with success in the am and defending his/her self by noting that fact.

-the nurse report stated “his eyes were closing, nodding off, and jerking himself side to side to stay awake”. it does not say i fell asleep. allegations which the department said i did.

it looks like the nurse was specific in his/her description of your behaviors. understand that if he/she said you fell asleep, then the statement would have assumed too much. stating that he/she observed you in this way gives a clear idea to the school of the behaviors that were seen, which is what they will probably use to counter any suit.

-i have other nursing students who wrote for me stating that they observed others being extremely tired to clinical. and displayed similar behavior themselves. but no consequences, because obviously it was a onetime thing. (just like my incident).

fyi, that was not a good thing to do. if you want people to write on your behalf, they need to focus on what they observed about you or the incident. i am not a lawyer but i would not be surprised if their statements would be considered hearsay and be of no use to you...

-i was never warned, it was out of nowhere. previous landmark decisions in court have stated that students are entitled to be told of their inferior performance, in order to improve. i was not told this. and again documentation states i was progressing well.

um... that is what they did otherwise you would not have this information. in fact, this may be a case where your performance, which put someone in danger gives them the right to make the decision that results in your dismissal from the program. this information may be found in your nursing student handbook... it is in mine (not spelled out in normal people speak... it is in vague legal speak).

-nothing is objective. nobody say me physically sleeping. it’s one nurse assumption that i was very tired. the school is interpretating the incident as me putting a patient in danger. impossible seeing that i had no patient assignment. i was merely an observer.

as you can see it is not impossible to interpret your behaviors as dangerous. however, if you want to fight then do so. my advice is similar to the other... i think you are wasting your time if you wish to re-apply.

i have read this board for three years now. i have seen students dismissed for the craziest of things that were interpreted in such a way that their actions (or lack there of) may have caused patient harm or had potential to do so. i have yet to see one student who fought a long hard fight post being a nurse today. on the other hand, students that were dismissed and acknowledged errors (even as minor as providing comfort to a patient and family before the irate assigned nurse had done so) have posted that he/she are nurse today.