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.
Quite honestly, I agree with the school. It is potentially putting a patient in danger. Ok so maybe you were observing, but who's to say it won't happen when you do have a patient to care for. It's all about putting out a professional image and part of that image is being responsible enough to have sleep and rest your body before clinical.
Kudos to the nurse for her vivid description. She obviously thought something was off or she would not have documented as she did and sending another student to hunt her down is not professional either.
It seems to me that the time, energy, and money that you are putting into pursuing a legal case could be put into trying to reapply for the program next semester or transititioning to another program.
I hope things work out for you one way or another.
A professional attitude is what was expected from you not nodding off or trying to stay awake. The whole idea of clinical experiences is to get you ready for the real thing. If that was the real world, you would have to work 10 to 12 hrs - and if like you said there was nothing that your assigned nurse had to do but paperwork, you should have asked if there was any other nurse in the department who would not mind having a student tag aolng to gain experience. There is always something to do at the clinical site, even when your assigned nurse is not busy. It is not the end of the world, but I guarantee that you will act differently the second time around. Good luck.
You can attempt to rationalize this any way you want, but the fact of the matter is, you fell asleep at clinicals. I know, you say you didn't, but that appears to be what the preceptor observed.
You are mad because you were dismissed. There isn't any rule about almost falling asleep or falling asleep at clinicals, so you think that you can get away with it. People like you are the reason that rule books in schools and the workplace have become long lists of silly, specific rules.
Is there any mention of your expected behavior at clinical sites? Did your rulebook or instructor SAY it was okay to fall asleep? No? Okay then.
How can you think this is acceptable? How can you think you acted responsibly?
If I were you, I'd take a look at your own actions, see how you can improve, and then reapply. The next time you are at a clinical site where you are working hard to stay awake, look through their policy/procedure/protocol manual, grab a drug book and review, anything to be learning. As a mom who worked full time while in nursing school, I have little sympathy for someone who was so tired they couldn't function properly at class. I've been there, we've all been there. EVERYONE gets tired. You get some coffee, or you take a break and take a nap. You don't phone it in, you don't look for excuses, and you don't blame someone else when you get in trouble for sleeping (or looking like you were sleeping, or constantly falling asleep, whatever you were doing).
That makes perfect sense (on them being able to dismiss those nurses but the reasons I question). But that does not apply to me. Keep in mind those nurses came to an environment in which they already bound themselves to a written contract which stated their erroneous behavior. I however, did not have such wording in my contract. The contract which I am referring to is the syllabus, school catalog and the student nurse handbook. None state anything about the rules and conditions about missing a clinical day due to fatigue.
That is why I was required to come. I did not have a choice. But I was responsible and told my instructor about my LOC. She than had the responsibility to either send me home or stay. I could have went home, got a unexcused absence, and would have had to make the day up. But no, she instead decided that I should shadow that day instead. I also told my nurse who wrote the report and the patient that I was also tired so I did all that I could. Keep in mind I was perfectly fine without incident for several hours until I was left to do nothing while sitting on a chair. That was not something I was anticipating, which is why I did not dismiss myself prior to that incident.
Thanks for the response!
First off here in Texas there is no contract that is signed when you work a job. This is a right to work state and there is absolutely no contract involved. And why would you think it has to be written in rule that you can't fall asleep at clinical. I would think that it is common sense that one knows not to fall asleep. There are somethings that are just no acceptable at work period. And I don't care that you argue that you are not at "work" because when you are at clinical it is your job to be professional.
i'm so sorry that this happened to you the last day of your clinicals. i can't imagine how hurtful that is and i'm really feeling for you right now.
i'm not a nursing student yet, so i can't begin to understand what that load is. from what i read here on this forum and hear from people that are in nsg school, you worked very hard to get as far as you did and for it end like that is...maddening. i can understand why you want to pursue it as you are and to be honest i think that the action of the school was severe. no, i wasn't there and can't determine anything other than what you said but i still think that some other disciplinary action could have been taken instead of dismissal.
you need to know that you took every avenue to fight this-i get that. i hope you will update with whatevers happens and i do wish you the best of luck.
OK I see what everyone is saying. But I cant reapply! They rejected my last appeal! Now what will i do? Does anyone know any school in this entire nation that will transfer previous nursing credits? I called several schools, and I still haven't found one that said they can.
P.S. I still reject the notion of me putting that patient in danger. Fire alarm? A code? I was up and running the whole day. I may have not looked very active but I was. Remember, I followed her IMMEDIATELY the second she got up to see the patient the second time. I was not dozing off or sleeping and that proves it. I am more surprised if anything how some people in this board are not the least bit sympathetic. My freinds and classmates are furious at the decision b/c its based off subjective descriptions and the punishment does not fit the crime. People in this board are assuming I came in walking half dead or I slacked off. No, I was perfectly fine for the entire shift. I was in ICU, I was in front of colleagues, nurses, doctors but nothing was said because I just "looked tired". I was ready to go and able to work and I demonstrated this throughout the day. Now suddenly I sit on this chair, feeling a sudden fatigue and she has her back at me doing her paper work. So now, I'm putting patient lives in danger because I look very tired because I have nothing to do?! ( Yes I did beds, and I even tried to clean the bathroom, I did everything, I was an A student in med surg keep in mind. I'm not stupid.
Also keep in mind the "whole eyes closing, nodding off and jerking side to side to stay awake" is really not an appropriate description. I forgot to mention she wrote that report 2 weeks after it happened (yes the report is dated 2 weeks late).
There were some details wrong about her description of me. Why cant no one assume that she MAY HAVE interpreted my appearance differently? Why did it take so long for her to write it? According to my friend who spoke with her, she said "your clinical instructor told me to write it" and walked away never to come back. She didn't want to write it, which is why she ignored the school's messages for so long. If I was such a danger, why didn't she write it? Why take so long? Why was she practically forced to do it? Now one can make an argument that she did not want me to get expelled from nursing school, but lets use common sense here, if that was the case she could have written a better report. That is not the case at all, and please no one assume that.
Anyways, I got my answers. Thanks everyone. Some people here seriously need to relax by the way. I don't care what anyone says, everyone has looked extremely tired at least once at some point while being in clinical. Even I have seen it with the nurses working there, but some people interpret things differently. That is fact. But as long as your running about and taking care of your patients (as I was the entire day) and not impaired in judgment, there should be nothing wrong with being tired. But thats my opinion...
You can't reapply - were you expelled? If so, there should be a paper trail that lead the Administration to make that decision. (Seems kind of harsh if there is only one documented incident.)
You mentioned having a history of tardiness....have you had to sign documents regarding this as well? There just seems to be something missing in this story.
Tardies? I had three, I was told to fix it. And after being told to fix it (during mid term evaluation that was only negative thing said) I promptly did. No incidents after that. This is documented
This is why I'm fighting this. If I believed I am at fault and deserved to get expelled for this incident I would accept it. But I cant.
Start all over? I cant find a school that will accept nursing credits. And I was just about to graduate.
This all seems like a nightmare...you have no idea.
There are schools that will accept nursing credits, especially if they aren't too old. You've had no lapses in school, I presume. When I was having difficulty in my last theory class, I contacted other schools who would accept my credits, but I would have to repeat the entire 4th semester. Some even wanted me to retake 3rd semester.
Here in WI the technical colleges have an understanding and offer the same curriculum so students can attend classes to fit their schedule. You get last dibs coming into a class, but at least you have a chance at getting in. I took 2 online theory classes this way.
Don't give up, especially if you feel you have been negatively portrayed. You've already been expelled so take it wherever it needs to go. You can't get any more expelled than you already are. But, also really look into every single school around your state that you can make it to. Have you talked with a lawyer at all? Couldn't hurt to get an outside opinion.
I feel awful for you and wish you luck in getting in somewhere. Please keep us posted.
dude, I feel for you...assuming everything you say is the truth. Observing days SUCK especially after a long night of paperwork.
Now, if this really was your only real infraction, I think it is totally bogus to expell you for it...especially right before graduation. I can't say that I think you handled everything in the best manner (sending your friend after the nurse was such a bad idea!) but you could probably make the argument that if you hadn't been dismissed you wouldn't have had to do those things anyway.
I don't know that there is anything you can do about it, but I wish you luck. keep us posted.
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Nrsstudent09
122 Posts
Quite honestly, I agree with the school. It is potentially putting a patient in danger. Ok so maybe you were observing, but who's to say it won't happen when you do have a patient to care for. It's all about putting out a professional image and part of that image is being responsible enough to have sleep and rest your body before clinical.
Kudos to the nurse for her vivid description. She obviously thought something was off or she would not have documented as she did and sending another student to hunt her down is not professional either.