Sudden background check on student

[saminalham]

What is the name of your state?What is the name of your state? Tennessee
I have been enrolled in an allied health program for 1 year. It took me one year before that to finish my prereq's to get into the program. I am looking forward to finishing my final year. Just a couple of weeks ago, our instructor informed us that we must pay for and provide our own criminal and otherwise background checks in order to stay in the program. Also, any misdemeanor of any kind will disqualify us, and we will be removed. I have spent 2 years and 20,000 bucks on this. There are several others in the class that have the same problem as me-misdemeanor traffic violations. (implied consent) There was NOTHING stated about background checks in the process of applying for, or being accepted in this program. This particular misdemeanor, according to ARRT, does not necessarily prevent me from licensure, nor will it necessarily prevent me from employment. That will depend on the individual institution from which I seek employment. Most of my frustration stems from the fact that we are already halfway through the program, and just now being informed of this. If I had known previously, I could have seeked another field, or dropped out. You get the idea. I am just not sure if those of us who have misdemeanors have any recourse-particularly with financial obligations for student loans. Shouldn't I be able to get that money refunded to the company processing the loan, because the background checks were not stipulated during the application process into the program? None of us have drug, abuse convictions, and just think this is unfair. We want to finish the program and leave the employment hunt up to us. Oh, I should have mentioned earlier and apologize, but this program does require us to perform functions as students in local hospitals through clinical instruction.

Thank you!!
Saminalham

 

[Crazed98]

What you are saying doesn't seem right. You should confirm all of this with the course instructor and who ever is incharge of that department at your school.

 

[saminalham]

re: reply

I have already confirmed it: in fact, I have an email from the school's clinical coordinator to that effect. What can we do? I have already done my background check, and it will come back red (only) because of the implied consent. Like I said, many others have the same problem. If you would like me to forward these emails to you, I would be happy to. You have to give me an address, though.
Saminalham

 

[Crazed98]

It sounds really bizarre that a misdemeanor is going to get you kicked out of a college program. But, I would first go talk to the clinical coordinator and inform them of your problem.

If that doesn't work I guess you would have to change to a major that is somewhat related to what you are doing now so your classes will count or transfer to a school that has the same program and will accept all your cedits.

 

[saminalham]

Already verified

Okay, I do have emails stating how to go about getting our own background checks, and then I have the emails-dated later-stating the paramaters, and what will/will not give us difficulty continuing. According to our program manual, the clinical coordinator (the one who sent the emails) is supposed to place us in a different clinical setting if possible, if the one we are currently placed in does not allow anyone with this type of misdemeanor to continue there. Well, I know that some will, because they have already employed others in the class with the same conviction. However, our Clinical coordinator says simply "you're out" if anything at all comes back. Keep in mind, we did not know about the background checks until we had already invested many dollars and been admitted into the program. I have discussed this all with her, and she says she will not be doing any of us a favor by letting us stay in because we may not be able to get a job. I said,"I say you leave that problem up to me. I have 9 months left in this program, and I would like to finish and have that opportunity to find a job." As I said, there are some with the same (or similar) conviction that are already employed. I don't think I will have trouble finding the job. Do they have a contractual obligation to allow us to finish since the original acceptance into the program didn't require background checks, or even specify that they were in the future?
saminalham

 

[Crazed98]

I don't know about any contractual obligation that they may or may not have.

I am guessing though that as long as anything found on you backround check is just something like a minor speeding ticket and not something a little more serious like petit theft then you should be alright.

I just feel there is some sort of communication problem between you and the instructor.

 

[saminalham]

no communication problem

I have spoken with her twice about my situation, and others have spoken with her as well. (Those who have a similar misdemeanor). She has been very adamant about the fact that if ANYTHING shows up, I am a "no go". Her argument is that the hospitals where we attend clinics may not accept our misdemeanors. Well, that doesn't 'fly' with me because I know of one clinical site that has already hired a student in our class with the conviction. She says that anyone with anything will be a 'no go' as well. Well, this person with the misdemeanor already has a job, so how can she say that the clinical site will not accept a student with the same conviction? Our manual (that we did not receive until the 2nd semester) specifically says that every effort should be made to place me in a clinic that will accept my misdemeanor, but she is stating otherwise. I don't want to be difficult, but I (and the others) have invested too much time and are too close to the end to just allow this to happen. Final decisions will be made this week, and if we are all removed from the program, I will be asking for a good attorney in the Nashville area that specializes in education law. I think that 1. they should have had us actually sign a form that disclosed the necessity for the background check at the beginning of the program. 2. they should have disclosed the paramaters (disqualifying) of the background check in writing. 3. they should stick with what is written in the manual for our program. 4. It all should have been in writing during the admissions process into this program. 5. they should understand that the convictions that we have do not necessarily prevent us from licensure and 6. they should understand that the convictions that we have do not necessarily prevent us from gaining employment in the field. (already proven!!)
I am frustrated and asking questions on the other's behalf to try to educate myself on the laws before the final decision is made. -although the email she sent us stated that the decision was already made. (which is why everyone is so upset)
Any advice would be greatly appreciated.
Saminalham

 

[Some Random Guy]

Talk to a lawyer before you are removed from the program. Perhaps he can convince the administrators to alter their decision before they start kicking people out.

 

[saminalham]

re: get a lawyer

That is a great idea. I do not want to put them on the defensive, though. I am not sure if doing such a thing will cause retaliatory actions by the teaching staff-like no leniency for tardiness, failing grades on papers, etc. what is your opinion on that? My hubby thinks I should just sit back and wait for the decision, but I am not sure that is a good idea, because then they will have to stick by what they decided, but again I also don't want to be the bad one that caused all of the problems, either. Can they give me poor grades (i currently have a 3.8) on assignments?

Saminalham

 

[saminalham]

need an education lawyer

Well, we got the call this morning. We are removed from the program due to our misdemeanors. The school changed its policy as of last week and is being enforced on all of us. So, does anyone know a good education lawyer who might take on a class action suit?

 

[saminalham]

update

I just wanted to let anyone who cares (maybe nobody) that I did, in fact, find a lawyer. I met with him and showed him all of the documentation of everything including correspondence from the instructors, and correspondence from the Tennessee Board of Regent's Attorney, who said that the school could not do what they tried to do. My lawyer wrote a letter that I typed and sent to the school's president as well as the attorney general of the State of Tennessee, and the following day everyone was admitted back into the program, and we have all graduated at this point.
Those of you that said it didn't seem right were correct. My attorney was amazed that the instructors put in writing what they did in regards to this situation, because it was clearly a violation of my rights. In fact, his entire team looked briefly at the case and all were amazed at the situation.
I did a lot of research on the subject of background checks and did find out that they are subject to the same regulations as credit reports. After calculating the broken regulations, multiplied by the amount of students in the program, they could have been fined millions if I had pursued it. However, I only wanted my little degree and a good future.

Thanks for your advice.

Saminalham