is the university wrong?

papawjohn · Oct 20, 2005

Hey 5364

Bad deal for you, Buddy. The worst part is that expunging your record doesn't change the answer to the question: Have you ever been convicted of a crime?

You'll be faced with the choice of lying (and believe me--it's a small world. Somebody knows about it and you can meet them in the d***dest places) or facing future employers/clinical settings with your conviction in plain view.

I've got an Assault & Battery behind me. Happened after I was RN. It makes for more paperwork when applying for a job or license but hasn't otherwise screwed me up.

Hang in there and Good Luck

Papaw John

Editorial Team / Admin · Oct 20, 2005

My university required all the nursing students to perform backround check on themselves and turn them into the head office. I did so knowing i had just been convicted a few months earlier of domestic battery. I went to the head of the department and sked her if this would pse a problem during my time at the university. She siad no, it should not be a problem.A bout a month ago, i was doing a clinical rotation at a hospital separate form our university. they asked us if we had ever been convicted of a crime, i said yes and the hospital performed it's own backround check. the hospital pulled me out of rotation and said that i had to leave and could not continue any more clinicals there. I had already done two clinical rotations without any pproblems until this last hospital. Two days ago, the head of the deparment said that no more hospitals would take me. i asked her why they i would be fine. she said, what are you going to do sue us? a and then she proceeded to insist that she made no promises. do i have grounds to sue? they had my backround on file. And my next clinical site, which now will not take me, i had done clinicals there already, just they did no backround check themselves and the university did not tell any of the hospitals about my backround. i have spent 40, 000 dollars in the past year to get my masters in an entry program (i have a bs in biology). and now the university says i cannot complete the program without clinicals and i cant do my clinicals without expunging this off my record, which may take anywhere between 2-5 years. what can i do?

Hello, nursing student5364,

I am sorry this had to happen. And, the issue of suing the university, I doubt it very seriously. Besides, this would still be an issue with the BON. They would/will need to know and this may or may not prevent you from being licensed.

You should have received something in writing when the university said, "No problem". Too late now, and, will be he/he said...she/she said. And, the answer to "would pose a problem?" was...."no, it should not be a problem"....operative word is 'should'.

Again, I am sorry this happened.

Jess RN · Oct 20, 2005

My university required all the nursing students to perform backround check on themselves and turn them into the head office. I did so knowing i had just been convicted a few months earlier of domestic battery. I went to the head of the department and sked her if this would pse a problem during my time at the university. She siad no, it should not be a problem.A bout a month ago, i was doing a clinical rotation at a hospital separate form our university. they asked us if we had ever been convicted of a crime, i said yes and the hospital performed it's own backround check. the hospital pulled me out of rotation and said that i had to leave and could not continue any more clinicals there. I had already done two clinical rotations without any pproblems until this last hospital. Two days ago, the head of the deparment said that no more hospitals would take me. i asked her why they i would be fine. she said, what are you going to do sue us? a and then she proceeded to insist that she made no promises. do i have grounds to sue? they had my backround on file. And my next clinical site, which now will not take me, i had done clinicals there already, just they did no backround check themselves and the university did not tell any of the hospitals about my backround. i have spent 40, 000 dollars in the past year to get my masters in an entry program (i have a bs in biology). and now the university says i cannot complete the program without clinicals and i cant do my clinicals without expunging this off my record, which may take anywhere between 2-5 years. what can i do?

Ugh, What a terrible situation. I feel for you. I think though, that the school can't really give you an assurance on what's ok with thier clinical agencies re: prior convictions. They can tell you what's acceptable for their own program at the school and give advice on handling the clinical piece with the hospital- but it's really not their place to say this is ok and that's not, you know? Is there any way you can speak with the administrators at the hospital directly? Maybe give them additional references to assure that you are not a danger to patients (that's there real concern here, I bet) or take an anger management course or something like that?

I think the issue is how recent the conviction is. Most hospitals only ask if you have a felony (ever in your past) or a misdemeanor in the past 5 years. It sounds like your conviction would have been a misdemeanor, no?

I hope you are able to work this out, but no, I don't think that taking legal action against the university is the way to go.

-Jess

nursing student5364 · Oct 20, 2005

I have contacted the dean of the nursing department. he said he will look into it and contact legal if necessary. This is not the first time we (the students) have had a problem with this lady. She had tried to raise our credit hours per class before so that in a quarter, with three classes, we were taking 16 credit hours, and this is a private university, so one quarter is about 6,000 dollars or more per quarter! and most of us students are depending on private loans to subsidize our income and living expenses. If she would have told me in the beginning this was a going to affect me graduating, i would not have started the program. I am now 45,000 in debt, I have lost a year of my life, and for what, half a master's degree? Why do they do the backround check in the first place? the only reason i got this far, i found out, is because they were not telling the hospitals about my conviction. other professors admit that they made the mistake, that they should have looked into it more. It is not like i want to sue for millions or anything, but if i have to drop out of the program, i would like some compensation the money i have spent due to wrong information. I asked another teacher who takes care of clinicals what else i should have done, he said nothing, it was their responsibility.

pawpawjohn, i appreciate your sympathy and info, but how has your conviction affected your nursing career? did you get it expunged? how? would it be wise for me to try and continue, or should i consider a career in something else?

i mean, i am always up for a challenge, but this may be too much. were able to find a satisfying job at a good hospital?