Do hospital standards supercede state codes?

[saminalham]

What is the name of your state? Tennessee
JHACO, according to our school has suddenly required background checks on all students that are 9 months from graduation in an allied health program. According to Tennessee Codes, Authoization and regulation of postsecondary education institutes and their agents,(1540-1-2-.11) (5) "Full time students should have a reasonable expectation to complete programs as printed in the institutional catalogt at the time of enrollment". I may be forced out of this program because of a misdemeanor (implied consent) that came up on a background check required July 29 of this year. There is NO documentation that background checks would be a requirement during admissions, and the catalog still does not state this. I have the list for pre-clinical requirements from last year that does not have the background check info on it. My school's answer to this question (Dean of Allied Health) was that the school's catalog is ambiguous enough to allow the school to change policy in the middle of a curriculum. Is this legal? I have to go in front of the "advisory board" (created today) and plead my case to them on Thursday. I was just informed of this today by the Dean. Help!

 

[saminalham]

an update on the advisory board meeting, etc....

Well, someone suggested that I call the Tennessee Board of Regents to verify that the school's policy was changed due to this law. I requested a copy of the mandate/regulation specifically requiring these background checks. She said she didn't have the copy, but she would get back with me. Later, a lawyer from the Tennesee Board of Regents called me and said that that mandate/regulation was talked about, but never passed. He also said that my instructors at school had no right to request a background check, or to dismiss me for the information on it. The school is not allowed to make that decision. He stated that unless I received a letter from the hospital requesting a background check, and a dismissal from their clinical site based on the information it contained, I should disregard what the instructor is stating and continue attending clinicals. The Tennessee Board of Regents is in charge of the entire state college system. He also said that it sounds like they are violating my due process rights etc...not to mention FCRA requirements. I found a lawyer to represent me, and he cannot believe the blatant disregard of my due process rights. It has also been reported to me that 15 other students have yet to complete their background checks. I spoke with one of them, and told her what the TBR lawyer said. She called the instructor and asked if this was a requirement, and the instructor said that it was a request, not a requirement. The instructor also asked the student to forward a message to me "we know who you are". I have three different emails from the instructor requiring this background check for clinical participation. I am meeting with my lawyer tomorrow in person with all documentation.
What do you all think?