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Woman Sues College Because She Can’t Pass A Test

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posted on May, 17 2015 @ 01:16 AM
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a reply to: OccamsRazor04
www.gpo.gov...
It is in there somewhere, however, due to the length I gave up reading less than quarter of the way through.
I truly wish I had a copy of what was given to me. The effort it would take to obtain a copy again isn't worth it, just to make a point. The judges ruling will be the determining factor.



posted on May, 17 2015 @ 01:44 AM
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a reply to: Aazadan

right ok see thats what I was thinking too about the Prof. and the phone. And it may in fact be a case of class policy and federal law are colliding here. In any case, if she were having that much trouble I suppose she could have googled the question since nobody was watching. I really think she is just out for a payday at this point, having probably come to the conclusion she has wasted her tuition on a field she is clearly not going to make it in.



posted on May, 17 2015 @ 01:57 AM
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a reply to: DYepes

The nursing board exam is far more difficult. It's almost a moot point.



posted on May, 17 2015 @ 01:59 AM
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a reply to: DYepes

If I were a judge in this case, assuming the womans story is true I would let her retake the final. If the grading cycle with graduation doesn't allow her to do that, then refund her the cost of the class (and any possible financial aid amount she might have to pay back as a result of having failed a class) and let her take it again next semester, or test through the class.

She should not get the 75k she asked for because the monetary damages here are extremely minor. She should get a fair shot at going through the class though.

Even if she can't be a nurse she could still make use of the degree doing things like teaching other nurses. Many people don't even get work in their field in the first place and it really comes down to just having a degree in something and doing general labor. Even if she can't work as a nurse in an ER there are ways she could use it.
edit on 17-5-2015 by Aazadan because: (no reason given)



posted on May, 17 2015 @ 03:13 AM
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a reply to: Aazadan

You think someone that can't pass the board will get a job teaching nurses? With no experience? 0% chance.



posted on May, 17 2015 @ 03:16 AM
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a reply to: OccamsRazor04

im not against allowing her to retake it a third time with all variables of accommodation properly accounted for, in writing preferably. Although it disturbs me how much resources will have eventually ended up being spent on a single student that just cant seem to cut it.

She certainly should not be getting 75k.



posted on May, 17 2015 @ 03:29 AM
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a reply to: DYepes

There are people who would get an A if alone, and fail if in a room full of people. I think these people do need some special accommodations.

With that said, there are several fields where I personally believe it should never be done, nursing is one of them. The law is the law, I am just of the mind this University did cater to her, she still failed, and had a meltdown. The only one to blame is her, my opinion.



posted on May, 17 2015 @ 03:52 AM
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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.


What's this nutty idea about asking questions in a test? Is this a new phenomenon?

In all my college experience I have never taken a test, especially an important one, that you could ask questions.

Hold up here.....the FINAL?????

You mean to tell me that in the FINAL she could not call the professor to ask questions???? You mean to tell me that all that whole semester she did not absorb the information and that through the note-taking, reading the text books and TAKING OTHER TESTS, that suddenly in the FINAL is when she panicked?

Oh heck no, she KNEW what it was all about. And she was in college, that means that she went through school how many years before taking tests.

What planet are we now on that during a FINAL you get to ask questions? I'm sorry, but no, she knew the whole semester that she would have a final, she had time to get ready for it and could have taken something for anxiety.

ETA: She panicked because she realized that she didn't know the information, and that is not a person who should be a nurse. Let me send this article over to my friend who is a math professor in a nursing school.


edit on 5/17/2015 by WarminIndy because: (no reason given)



posted on May, 17 2015 @ 04:09 AM
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originally posted by: OccamsRazor04
a reply to: Aazadan

You think someone that can't pass the board will get a job teaching nurses? With no experience? 0% chance.


It depends on the school. My field isn't nursing but I've seen other fields where the students graduated and then went right back into the university system to teach. Ultimately however, I don't really care if she can pass the board or get hired as a nurse, I don't really even care if she passes her final. She does however have a right to take that test in a non discriminatory atmosphere.


originally posted by: WarminIndy
What's this nutty idea about asking questions in a test? Is this a new phenomenon?


Maybe it's new? I've seen it all the time however, this isn't a nursing test but let me give you an example of a question I had on a test recently (paraphrased slightly since it's late and I'm tired and don't recall the exact wording).

There are four walls/planes with normals facing inwards that make up a trash compacting room that resembles a semi rectangular shape. You are given Lukes position. Write an algorithm to determine if Lukes position is inside the trash compactor and then write a followup algorithm to push him inside it if he's not.

One student came up with a question asking the instructor to clarify the question, if the rectangular room is axis aligned (think a rectangle on a grid, which is how it was drawn on the test) it's very easy to determine this with some min/max x/y positions assuming it's an actual rectangle and not just in that general shape. However if the room is at an angle, or if you simply want to answer using the method the instructor was looking for you instead need to use dot products to determine which side of each wall Luke is on.

The instructor clarified it that it wasn't an axis aligned room and that it wasn't perfectly rectangular.

That would be an example of asking a question in a test. "Can you show me how to do Question #5" is not.


Hold up here.....the FINAL?????


Finals are when it is most important for the student to understand the question being asked. There are exceptions of course, such as when the goal of the test is really to determine the question you should be trying to solve in the first place but that's not the format of most testing.



posted on May, 17 2015 @ 04:14 AM
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originally posted by: OccamsRazor04
a reply to: DYepes

There are people who would get an A if alone, and fail if in a room full of people. I think these people do need some special accommodations.

With that said, there are several fields where I personally believe it should never be done, nursing is one of them. The law is the law, I am just of the mind this University did cater to her, she still failed, and had a meltdown. The only one to blame is her, my opinion.


The only class where I ever failed a test was when it was open book. I am Dyslexic and could not rely on my notes, but it forced me to try to quickly find the text book explanations, which my notes had it written differently. But that class was just a minor one for my degree. This was for film editing, testing us on Final Cut, and not Premier Pro which we were using the whole semester.

But darn, I sure would want to be assured that my nurse knew how to count how much medication she is injecting into me, because nursing is more than just learning how to cut and edit digital film.

I'm scared, if nursing school has to accommodate people like this lady, then I am terrified of my own future medical care. I'm Dyslexic and have severe Dyscalculia, there ain't no way I would ever expect a university or college to accommodate me to get a degree in a math based program, especially when it comes to life and death issues.

The best this girl can hope to be now is a CNA, which also requires examinations and testing. Everyone now knows her name, she is now a liability for any health care agency that would think about hiring her. I don't see her getting a job at the Mayo Clinic or Cedars Sinai.

She screwed herself because the university itself won't even place her as an intern, and she will probably lose the case, because she has taken tests in the past and didn't require the same reasonable accommodation. If she needs reasonable accommodation for a career of life and death issues, then she probably should be looking into a different career path.

It's like this....

Applicant to NASA: I can't do math, so give me reasonable accommodation for sending these astronauts to space.
NASA: You can't do math? And you want us to allow you to send astronauts to space?
Applicant to NASA: Yes, I just have anxiety, when I get into stressful situations you need to accommodate me, it's the law.
NASA: Don't sue us, ok, here's the job, it's your entitlement for being a sheltered American youth.
International Space Station: KABOOM!!!!!
Applicant to NASA: It's your fault, you hired me.
NASA: Sigh.



posted on May, 17 2015 @ 04:27 AM
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a reply to: Spider879

well, there's always a possibility she may have a point



posted on May, 17 2015 @ 04:29 AM
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originally posted by: Aazadan


It depends on the school. My field isn't nursing but I've seen other fields where the students graduated and then went right back into the university system to teach. Ultimately however, I don't really care if she can pass the board or get hired as a nurse, I don't really even care if she passes her final. She does however have a right to take that test in a non discriminatory atmosphere.

Which, I believe they did.



posted on May, 17 2015 @ 04:30 AM
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a reply to: Aazadan

And how many apples does little Tommy throw at his sister while traveling 45 mph toward the lake?

I don't know what kind of program you are in (is it HVAC?) but this is how I would have answered...

Either Luke is in the room or not. If he is not in the room, then he is not in the trash compactor and since the trash compactor might not even exist, only the room is designed for that purpose, my algorithm would be this....

"It is clearly ambiguous because we are assuming there is actually a trash compactor". And that is exactly how I would have answered.


There are four walls/planes with normals facing inwards that make up a trash compacting room that resembles a semi rectangular shape


Well, I would hope the four walls make some type of rectangular shape. And this only makes a trash compacting room...it doesn't say there actually is a trash compactor there.

And that's how I would answer it, using critical thinking skills.

Was there a diagram actually showing the said and alleged trash compactor?

Too ambiguous, I agree.



posted on May, 17 2015 @ 04:43 AM
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originally posted by: IntastellaBurst
a reply to: Spider879



how do you accomodate anxiety and depression ???

..... on a similar note, I hope she becomes a nurse, to see a mentaly retarded person make it that far would be inspiring.


I'd imagine you'd invite her in, offer her a cup of camomile tea, possibly a calming joint and tell her how wonderful she is repeatedly, then just give her all the answers to the test so she doesn't get unduly anxious about having to fail it.



posted on May, 17 2015 @ 05:26 AM
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As someone who has suffered from panic attacks i am torn with this .Panic attacks are real , i only wish that everybody had at least one in a controlled environment . I can tell you if they did their opinions would change real quick . That being said , never once did they hurt me physically and not once did i do anything that those around me would have thought strange . Perhaps i was lucky , perhaps i was only having mild attacks and if that is so i really feel for anyone suffering worse . I cant imagine it being worse . That being said i kept my job , a very high risk job and if i felt overwhelmed i would make an excuse to have alone time , toilet breaks are great for that . But and a big But i never ever underperformed when the s hit the fan , in fact in most cases i over performed . You see a crisis helped take me away from that bad place my mind was in , very quickly i might add . Could she be a good , no a great nurse , i dont know . Should she get help with her tests , i dont know . But she has ambitions to be a better person , dont take that away from her .

On to the next 4 years being mentally healthy , sort of . LOL .

I will never forget where i have been though .

edit on 17-5-2015 by hutch622 because: (no reason given)



posted on May, 17 2015 @ 05:28 AM
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a reply to: hutch622

If she really wanted to be a better person, she wouldn't be suing, but instead realise the problem is with herself, not an examination board for not pandering to her whims.



posted on May, 17 2015 @ 05:36 AM
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originally posted by: hutch622
As someone who has suffered from panic attacks i am torn with this .Panic attacks are real , i only wish that everybody had at least one in a controlled environment . I can tell you if they did their opinions would change real quick . That being said , never once did they hurt me physically and not once did i do anything that those around me would have thought strange . Perhaps i was lucky , perhaps i was only having mild attacks and if that is so i really feel for anyone suffering worse . I cant imagine it being worse . That being said i kept my job , a very high risk job and i felt overwhelmed i would make an excuse to have alone time , toilet breaks are great for that . But and a big But i never ever underperformed when the s hit the fan , in fact in most cases i over performed . You see a crisis helped take me away from that bad place my mind was in , very quickly i might add . Could she be a good , no a great nurse , i dont know . Should she get help with her tests , i dont know . But she has ambitions to be a better person , dont take that away from her .

On to the next 4 years being mentally healthy , sort of . LOL .

I will never forget where i have been though .


I have Multiple Sclerosis. I now have other tertiary medical conditions that have arisen from it. I have also had cancer.

Now suppose for a moment you were in my shoes, ok, I have a symptom of MS that causes me not to be able to breath because the diaphragm muscles has spasms. So go to the ER, the nurse has a panic attack and measures the medication wrong, maybe perhaps the wrong kind of medication, and you stop breathing. So now she has to call the crash team to revive you, but you die anyway.

Now, do you really feel comfortable thinking that when it is a life and death issue, for someone else, that it won't pose a problem? Perhaps your high risk job affected only you, but if you need nursing, from a nurse, wouldn't you want that nurse to be able to effectively treat you properly?

Do you know why there are so many medical malpractice suits? Because someone messed up and put someone else at jeopardy. Your life is your life, but if you are responsible for another life, then should you not be expected to be capable of doing your job?

If you panic while taking a test, then how about when you are in the ER with a body that has been shot up, losing blood and going into cardiac arrest?



posted on May, 17 2015 @ 05:42 AM
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Im in the US in 3 weeks.

I want:
A full medical degree
My piloits and astronought wings
PhD in English History
To be made both Admiral and General of the USN and air force respectivly (cant be arsed with the army)
And to be made president


So give me or Il sue you!

O and make me head of NASA too and fedral reserve.

why?
Cause Im entilted GD it!
edit on 17-5-2015 by crazyewok because: (no reason given)

edit on 17-5-2015 by crazyewok because: (no reason given)



posted on May, 17 2015 @ 05:42 AM
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a reply to: WarminIndy

One in 5 people have or will have mental issues , you have most likely already been treated by one of them .



posted on May, 17 2015 @ 05:46 AM
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originally posted by: hutch622
a reply to: WarminIndy

One in 5 people have or will have mental issues , you have most likely already been treated by one of them .


Does that make you comfortable knowing that?

It's your life.




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