Woman Sues College Because She Can’t Pass A Test

originally posted by: DYepes
a reply to: marg6043

I cant imagine. I am mortified and worried for the unfortunate patients that may one day end up under her care. For crying out loud she only needed a 78% to pass. HOW the eff can you not make a C average grade after a second exam?? She needs to be tackling her own problems before anyone gives her a license to treat anyone else's.

Can you imagine being the hospital forced to hire her and then deal with the fallout when the inevitable happens and someone sues for malpractice or wrongful death?

The woman as a nurse is a walking lawsuit for any workplace that hires her no matter how they handle it.

I suffer from severe anxiety myself, so I know what she's going through. I would never be able to pass that test because as soon as I sat down my only thoughts would be getting out of there and I could not concentrate. BUT, I KNOW this, and she should too. She KNEW how it would be so this is on her.

originally posted by: WarminIndy
What test are you allowed to ask questions in?

Did she at any time provide actual documentation from her own doctor that justified reasonable accommodation? Any college is pretty strict about that.

In many tests you are allowed to ask for clarification on a question. Sometimes it is due to instructor error on the question, and sometimes they just weren't specific enough. It's pretty common to be able to ask questions on a test.

And according to the article, she was given disability standing for reasonable accommodation that's why she was taking the test away from others in the first place.

a reply to: Spider879

Sorry to be so uncouth, but people like this need a good slap across the cheek and told "life sucks, deal with it" as they're booted out the door.

I've had my fill with these special little snowflakes that think the world needs to accommodate them and their problems. I too suffer from anxiety and depression. But do I expect others to bend over backwards to help me realize my hopes and dreams? No. If I can't do what's needed, it's MY fault and I have to deal with it.

If she thinks that is stressful wait till she takes the board exam. She will never be a nurse.

Every on is focused on the fact that she wants to become a nurse that they are missing the bigger picture.

Whether she is capable of becoming a nurse, or even if she should become an nurse, is a side issue with a predictable outcome.

The fact is the school DOES has a responsibility to accommodate her by law. There is every day stress and anxiety and then there are anxiety disorders. Severe anxiety is a disability and there are laws governing what accommodations the school must provide. Whether you agree with the need for these accommodations isn't the issue. The issue is that by law, she has a legal case.

originally posted by: calstorm
Every on is focused on the fact that she wants to become a nurse that they are missing the bigger picture.

Whether she is capable of becoming a nurse, or even if she should become an nurse, is a side issue with a predictable outcome.

The fact is the school DOES has a responsibility to accommodate her by law. There is every day stress and anxiety and then there are anxiety disorders. Severe anxiety is a disability and there are laws governing what accommodations the school must provide. Whether you agree with the need for these accommodations isn't the issue. The issue is that by law, she has a legal case.

Well then she can be your nurse after you are rescued by the woman who doesn't have to pass the physical standards in order to be fireperson.

originally posted by: calstorm
The fact is the school DOES has a responsibility to accommodate her by law. There is every day stress and anxiety and then there are anxiety disorders. Severe anxiety is a disability and there are laws governing what accommodations the school must provide. Whether you agree with the need for these accommodations isn't the issue. The issue is that by law, she has a legal case.

Actually it's usually about access, not outcome. They have to provide access, they do not have to ensure she passes.

The university allowed her more time to complete the test and allowed her to take it in a "distraction-free environment."

Read Latest Breaking News from Newsmax.com www.newsmax.com...

Really seems like the University met their obligation.

Specifically, Burbella claims that the university did not allow her to take the test in the same building as her professor and that when she was unable to reach the professor by phone during the final exam, she broke down crying “on several occasions” during the exam.

Pretty sure no professor will be there when the patient needs immediate help. You either know what to do or you don't. Her having a break down shows me she is not ready to be a nurse.

originally posted by: OccamsRazor04
Pretty sure no professor will be there when the patient needs immediate help. You either know what to do or you don't. Her having a break down shows me she is not ready to be a nurse.

It doesn't matter if she can do the job, that's completely irrelevant to the class and degree. But that she gets the same testing environment as everyone else is important. If someone needs to take a test away from others, the school doesn't get the right to also make that test more difficult on that person.

Again, from the article:

The lawsuit claims that during the final, Burbella tried to call Tomkins on her cell phone to ask questions but she never answered.

If she had questions to ask and the instructor was available for others to ask questions during the exam but wasn't answering hers it's an unfair testing environment and she has an actual case.

originally posted by: Aazadan

originally posted by: OccamsRazor04
Pretty sure no professor will be there when the patient needs immediate help. You either know what to do or you don't. Her having a break down shows me she is not ready to be a nurse.

It doesn't matter if she can do the job, that's completely irrelevant to the class and degree. But that she gets the same testing environment as everyone else is important. If someone needs to take a test away from others, the school doesn't get the right to also make that test more difficult on that person.

Again, from the article:

The lawsuit claims that during the final, Burbella tried to call Tomkins on her cell phone to ask questions but she never answered.

If she had questions to ask and the instructor was available for others to ask questions during the exam but wasn't answering hers it's an unfair testing environment and she has an actual case.

Except she wanted a testing environment outside the class where the Professor was. And I see nothing in her suit that says anyone else was allowed to ask questions, only that she was not, and it caused her to have a meltdown.

She was given the option to sit in the class where the professor was, or go elsewhere, she chose elsewhere. She can't choose to go elsewhere and then complain she is there.

And her being able to do the job is completely relevant to the degree. It doesn't matter though, if she can't pass this test there is NO WAY she passes the board exam. She can get an auto pass on this test, graduate, and she will still never be a nurse.

Either way she was given special accommodations, and she's complaining it was not enough.

originally posted by: OccamsRazor04
Except she wanted a testing environment outside the class where the Professor was. And I see nothing in her suit that says anyone else was allowed to ask questions, only that she was not, and it caused her to have a meltdown.

She was given the option to sit in the class where the professor was, or go elsewhere, she chose elsewhere. She can't choose to go elsewhere and then complain she is there.

And her being able to do the job is completely relevant to the degree. It doesn't matter though, if she can't pass this test there is NO WAY she passes the board exam. She can get an auto pass on this test, graduate, and she will still never be a nurse.

Either way she was given special accommodations, and she's complaining it was not enough.

She had an agreement to call the professor with questions, the professor didn't answer. The schools defense would be that no questions were being allowed during the exam but based on what we know right now that may or may not be true. Chances are it isn't, because while such exams are a thing they are pretty rare.

And no, doing the job and having the degree are completely different things. A degree says you have the body of knowledge that's a prerequisite for the job. It says nothing about capability, physical requirements, work ethic, or anything else. Maybe she isn't cut out to be a nurse, that doesn't mean she can't complete the program.

a reply to: ketsuko

And that has anything to do with what I said how?

The fact that she wants to be a nurse is irrelevant. Lots of people want to be president or astronauts too.

Legally the school had to accommodate her.

a reply to: OccamsRazor04

Actually it's usually about access, not outcome. They have to provide access, they do not have to ensure she passes.

That is the point I was trying to make when I said everyone was so focused on her becoming a nurse.

The point is by law the school does have to provides those accommodations. Whether or not you think those accommodations were appropriate, the school has to follow the law.

The accommodations were less than what the law states she is allowed.

If you must know, I have PTSD, I was offered those accommodation and turned them down. The school told me they legally ha to inform me that I had the right to ask for those accommodations and I signed a form acknowledging my rights. I am sure she did too.

originally posted by: calstorm
The accommodations were less than what the law states she is allowed.

Can you show me the law, what exactly does the school HAVE to provide?

a reply to: OccamsRazor04

I'll save you from the legalese but the law itself is the American's With Disabilities Act (1990) and the Rehabilitation Act (1973) are the laws in question.

Here's a short description of what's going on
www.collegeparents.org...

More specifically from that link
In order to qualify to receive accommodations under the ADA, a student will need to document a qualifying condition. Most schools will have a designated person, a Disabilities Officer or Disabilities Counselor, who is the point person for determining what a reasonable need is and how it will be handled.

The college or institution may be required to remove any barriers impeding the student – whether these are architectural, communication related, or transportation – or to provide reasonable modifications to rules, policies, or practices. The school may provide aids or services such as readers, interpreters, note takers, adaptive equipment, relocation of classes to accessible environments, audio recordings, computer programs, early enrollment, rescheduling of classes, allowance of service animals, alteration of materials, or substitution of certain courses in programs.

In short, being in a distraction free environment shouldn't simultaneously be removing access to the instructor if a question arises during a test.

If you read the article you'll see that the student and disability board agreed on a distraction free environment to take tests, which involved taking them in another building on her own. However, what people in this thread are arguing is that because she wasn't taking the test in the classroom she shouldn't have had the same access to the instructor during the test as those that did. That is discriminatory and is at the center of her complaint. She claims she attempted to contact the instructor mid exam and was unable to do so and suffered a lower grade as a result. If the instructor was in any way assisting those in the classroom (clarifying exam questions and such), then the school is in violation here and she has a case.

originally posted by: Aazadan
If you read the article you'll see that the student and disability board agreed on a distraction free environment to take tests, which involved taking them in another building on her own. However, what people in this thread are arguing is that because she wasn't taking the test in the classroom she shouldn't have had the same access to the instructor during the test as those that did. That is discriminatory and is at the center of her complaint. She claims she attempted to contact the instructor mid exam and was unable to do so and suffered a lower grade as a result. If the instructor was in any way assisting those in the classroom (clarifying exam questions and such), then the school is in violation here and she has a case.

Not exactly, what I am saying is if the instructor was not answering any questions, she had the same access. She does not get to have her questions answered if no one else was either. I have had many tests where you took the test and no questions were answered.

ETA: In fact sometimes the instructor is not even there, just someone watching for cheating.

a reply to: OccamsRazor04

I enjoy how this debate is going, and just want to chime in with a question. The woman attempted to cal the professor on the cell phone during the exam. I have never been in a college, so I am ignorant. But I remember high school you could not have your phones out during an exam. With the whole possibility of cheating and whatnot. But I believe college many exams are even open book. So my question is, was cell phone use even allowed, and by attempting to communicate in that manner may have been a breach of this possible rule??

Just noticed I have not seen a look from that perspective yet.

originally posted by: OccamsRazor04
Not exactly, what I am saying is if the instructor was not answering any questions, she had the same access. She does not get to have her questions answered if no one else was either. I have had many tests where you took the test and no questions were answered.

That's a possibility, and like I said (including in the part you quoted) that sometimes happens. It has always been my experience though that those types of tests are the exception, in my 450 semester credit hours I've racked up over the years I have taken less than 10 tests like that, and have heard of others taking about the same amount. If the school challenges the lawsuit that will likely be their defense, but if so they'll need to prove their claim such as showing that as a written policy for the class in the syllabus or as part of the test instructions.

a reply to: DYepes

Most tests in college are not open book. I only had a few my entire time. Usually taking your phone out was a huge no-no and doing so could be an automatic failure.

a reply to: Aazadan

I would imagine it is the reverse. She must demonstrate others had access to answers to questions she did not. She has to show fault.

originally posted by: OccamsRazor04
a reply to: DYepes

Most tests in college are not open book. I only had a few my entire time. Usually taking your phone out was a huge no-no and doing so could be an automatic failure.

This caught my eye too but I wasn't quite sure when to bring it up. I am in utter amazement that they allowed her to take what seems to be an unsupervised test, with access to a cell phone where she could look up any answer she wanted. I know professors have a wide range of testing policies but that is a very lax attitude to have.

originally posted by: OccamsRazor04
a reply to: Aazadan

I would imagine it is the reverse. She must demonstrate others had access to answers to questions she did not. She has to show fault.

It is very unusual for a teacher to not accept a student coming up mid test and saying "Can you clarify what you're asking for in question #6". The instructor may not clarify it, but it is extremely rare for an instructor to say you're not even allowed to ask for the clarification in the first place and would involve written instructions that that effect somewhere (on the syllabus, on the test, etc). Not answering the students phone call is doing that.

My best guess at what happened here is the instructor, to not bother the rest of the class didn't have the ringer on her phone on, didn't have her phone on, or left her phone in her office. It's not unusual especially during tests to have a phones off policy so as to not bother others. And that's a great move on the instructors part but it means she was inaccessible.