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.
WOW expelled. I know many suggest going to another school...but how does one get into another school with an expulsion on your record? I wish you luck and let us know what happens.
I dont know about the whole expulsion part, but the actual classes themselves should transfer. Where I live, There are 4 schools that offer nursing programs, and 2 of the 4 are willing to take my transfer credits (from a third of the four) when I was considering transferring. I just had to provide a copy of the syllabus.
Its a cruel world out here...and whether u were right or wrong. What matters now is what you do next. If u want to continue @ this school then i would advise you not to sue....but if you want justice and if u r ok with going to a different school then take their behinds to court...but regardless of what decision you make...DO NOT let this stop you from achieving your dream... :nono:You only fail when you quit...So say a prayer b4 u make any decision and never give up...and keep on going until you have that piece of paper in your hand...at that moment...all the hard times would have been worth it all...:):cheers: Much luck to u....everything will work out fine...;)
Thanks for the responses people! I'm getting a really good picture of the situation and how the school is thinking as well. But just one more thing...
OK so what I'm getting from everyone is that i made a great error in telling the patient I was tired. I should have not done that because as a patient, she probably got worried (most patients would), and told the nurse how she felt. However, I forgot to mention that when I told the patient I was tired, I specifically told her I was not taking care of her. We even laughed about it, after stating that. She knew I was just there to observe. So she did not say anything to the nurse because I was there the entire time in conversation with her, talking about nursing school and finals and such. Nothing was said that would make the nurse feel uncomfortable following me to see the patient again but the nurse just felt like doing it b/c she "thought" I was too tired.
Another point of contention is the area of me putting a patient in danger. Again can someone on this board answer how exactly, (as an observer) could have harmed this SPECIFIC patient in this SPECIFIC incident. I keep hearing, that you could have harmed the patient if I was nurse, but thats also assuming I was a nurse in a hospital, and assuming I took a morning position and assuming I came to work extremely tired with nothing to do. There seems to be a great deal of assumptions and hypotheticals at work here. Lets concentrate on the specific incident and on that specific patient.
Let assume I came late after lunch, the teacher can than fail me because she states "you could have had a patient waiting for your services and you put that patient in danger" and I fail. I say logic, reasoning and objectivity should be placed on my dismissal. Remember, I can't go back. And going to another nursing school is going to take significant time and money.
Lastly, let me make this clear...
I DID NOT FALL ASLEEP. If I did, why would I be arguing? Because I did not. The nurse herself herself didn't claim I fell asleep. You can assume I did, but at the same time, I can argue I didn't. No one saw me physically sleeping, and I followed her immediately when she got up. That alone states I wasn't asleep.
By the way...my clinical instructor asked who wanted to take patient assignments. I said no, on the basis that I could learn more as an observer that day. In addition to feeling fatigued, I felt that I could take the observer position as a better learning experience. I could have easily taken a patient assignment but felt that an observer assignment would benefit me better. There is nothing wrong with that, nor does it say anything about it in the syllabus or student handbook (I looked) coming clinical tired is not recommended. On the last day everyone was tired, and we all verbally expressed that. But no one was barely able to walk or talk or comprehend directions (same goes for me) but put us in a room with nothing to do or watch, you would naturally be able to see fatigue. Again I see nothing wrong with this, as long as you can take care of your patient.
thanks to everyone again for their input. I do appreciate this.
Doesnt matter, it ****** me off when the cashier at Walmart tells me she is tires and my life isint in her hands..I think its rude and personally Im not interested in the fact they are tired..
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!
Of coorifice its not your fault..what an irresponsible statement to make- to blame someone else..Your handbook must also mention that there are a certain % of clinical days allowed to be missed for illness, etc..or, let me guess, YOUR handbook doesn't..??? I am wondering if there is anything in that handbook?? I dont mean to be so..mean..but this whole story sounds like a hoax. If its real then I think you need to find a different career where you are self employed and you only have to answer for yourself and you only have yourself to blame..you can even have your won handbook...
I am sorry, I am sure you are a nice person. But you made a few poor choices and you have had to deal with the consequences. I wish you well.
Expelled is extreme. I think it's the school's way of getting rid of you for good. I went through this situation and I was denied re-admittance. IMO, they wanted to see me give up but I decided to stick with nursing and I applied to different schools. They all wanted a letter of recommendation from my previous nursing school. Thankfully, my last resort pulled through for me. I got into another program that is 100 times better. They didnt ask for a letter or anything. Good luck
Wow, what an account. How utterly depressing. Take time to think things through...let the emotions and shock subside. I pray all works out for you in the end.
It sounds to me as if you already had prior problems with tardiness before this. I also suspect that you did not accept responsiblity when confronted, judging from your response here. I imagine you argued in your defense instead. That's usually a poor course of action with people who hold your futrue in their hands.
Hi, I agree with Kaplan. Let it go and move on. This happened to me as well. I was 4 months from finishing. To this day, I still have no idea why I was dismissed. I never got anything in writing from the school. I consulted attorneys and filed an appeal. I never got any support from anyone at the school. Some instructors were put in a position to speak up for my good performances in the past and no one did. I tried to support them and not blame them publicly for the mistakes they made, but they in fact only spoke to save their own butts, at my expense. We actually had an INSTRUCTOR fall asleep at our school, while he was supposed to be supervising students passing narcotics. He is still employed there.
In the end, I found that the ones in power have the power, period. The decisions are so subjective that there is no way a student can win. The administration gets their jollies by doing this, and it boosts their ego to toss around their power. They know there are a thousand students who would take your spot in the program in a flash, and no instructors out there to fill the spots of the crappy ones we already have. We are stuck with them. Try and be grateful for the few good ones out there, they do exist.
I reapplied and got accepted by 3 other programs and am now starting all over in a new, and much better, program. Its like night and day from my old school, the instrucors are helpful, supportive and fair and I'm very grateful to be there. I just wish I'd gone to this school to begin with. It was an expensive and time consuming lesson, but I try to look at it as a good experience that I grew from, even though it was a a crushing blow at the time, and Im still very angry about it. But I'll be a much better nurse because I went to school TWICE! And someday, I know, those nurses and instructors who lied about me and who didn't support me when they should have, will get theirs. What comes around, does eventually come around.
The posts on this site helped me get through that awful time. Others have been through it and they are graduated nurses now. Keep reading allnurses and learn from how others have handled similar situations.
Good luck to you. I know that life is not fair, but it does go on. Justice and nursing school simply do not go together. Try to let your anger go, and do what you need to do to get where you're going.
:):cheers: Much luck to u....everything will work out fine...
;)
basid786
17 Posts
Yah thanks everyone!!
And I will talk to a lawyer soon, just to see what my options are. Busy with my new major "health sciences administration" = /
But I will keep you guys posted as to what happens.