Student suing school for failing class

Student suing school for failing class

This is the downside of the Americans With Disabilities Act: Jennifer Burbella is a former nursing student who is suing her school claiming it was the school’s fault she failed her class. Really? The Daily Mail said:

She has alleged that the university along with Tomkins, the university’s president Thomas J Botzman and Cynthia Mailloux, chairwoman of the nursing department, violated the Federal Rehabilitation Act.

She entered the university’s nursing program in 2010 and struggled toward a bachelor’s degree in nursing because of her conditions, the lawsuit said, and experienced great anxiety from social and academic challenges and family medical issues.

Well for the rest of us that means that gee maybe this may not be a good career choice for me.   But not for this girl.  How exactly does picking the wrong major play into the Federal Rehabilitation Act? 

The lawsuit also claims that she tried to call the nursing professor repeatedly on her mobile phone during the final exam but did not receive a response, according to The Citizens Voice.

‘Professor Tomkins’ failure to be available to (Burbella) on numerous occasions during the examination created an even more stressful environment for the student, all of which can be verified by Megan Hurley, a counselor at Misericordia University, who witnessed (Burbella) attempting to make calls to Professor Tomkins on several occasions during the exam and breaking down and crying when Tomkins did not answer,’ McGrath wrote.

Burbella did not receive a grade sufficient enough to pass the class and subsequently did not graduate with a nursing degree, according to the lawsuit.

Seems to me that she was accommodated when taking her exams but telephoned questions?  During the exam?  Really?  And breaking down in tears?  Not a good start for someone trying to be a nurse

My friends and family who are nurses talk about something called NCLEX which is a national licensing exam.  Which little Jennifer would have been in hysterics at having to sit for six hours on a computer with no access to a friendly voice.  Then she would have had clinicals.  In a hospital.  Where sick people and their families are. In various conditions physically and emotionally.  I do not get how someone who is this fragile emotionally could cope in any workplace much less a hospital.

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6 Comments
  • GWB says:

    Burbella did not receive a grade sufficient enough to pass the class

    Evidently they don’t grade on grammar wherever the lawyer graduated, either….. *eyeroll*

    A question left unanswered by your post, Gail: what disability was this woman claiming? “Social and academic challenges” is not a disability, it’s an INability.

    • Jodi says:

      From the linked article: “A nursing student who says anxiety and depression made it difficult for her to concentrate has sued a Pennsylvania university after twice failing a required course.”

      Yeah. I’m going with “INability.”

      Gee, I must be disabled as well, if being “stressed” is now the definition.

      Welcome to college, cupcuke.

      • Gail Boer says:

        Can I call a really crummy week a disabling mess? Or would my boss and HR laugh me right out of the room. I get accommodating actual physical and mental disabilities but this just is not one of them.

    • Gail Boer says:

      GWB this actually made friends of mine laugh. A lot. She claimed anxiety and depression. And family issues. And the school accomodated her. the calling the professor during finals part just…… No words. Inability works for me too.

  • Zombie John Gotti says:

    Wow. Just wow.

    • Gail Boer says:

      That was my first reaction too. Somehow I do not think this is what the rehabilitation act is for…..

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