Is this def. or slander

[ricachon]

What is the name of your state? TX
Let me rephrase what i wrote earlier. I graduated from nursing school in TX. While i was in school in my last semester my pschycology teacher began to make comments about me being a drug abuser. One was when we were watching the movie "pulp fiction" for teaching purposes, the scene were one of the characters was sniffing crack or cocain and she overdosed. At that point, she made a comment in front of the whole class and asked me if i was "jonesing". I didnt think anything of it because i had no idea what she was talking about until later someone explained it to me. Im a type of person that has never complained about anything so i let it go. Then we were at a psych facility, while waiting on clinicals to start she decided to mess with me again. SHe made several comments again in front of the whole class, i dont remeber the exact words but she said somethin like. " So i heard you were the drug dealer of the class"."is that why you grow your nail long". The whole class was like "OMG she did not just say that". I was embarrassed and had nothng to say.Then i asked her what made her beleave that i was this person. SHe then stated that she new who i was before i came to her class because the other teachers were talking the same junk about me. Once again i decided to not say anything. All i wanted to do is graduate and work. When this has caused all kinds of problems till this day, from loosing my RN liscense, to people making comments about it at work. I drink but i have never been a drug abuser. Anyway the storycontinues but see what you can help with this info.

 

[quincy]

Ricachon -

I read your earlier post, and in it you mentioned 2 MIPs, a DUI and a PI (from just 5 years ago). Alcohol is a drug, and it is possible to abuse its use.

That said, the comment made by your teacher could be considered defamatory, if she was not referring to your past alcohol abuses but rather about drug abuse and/or the drug dealing of controlled substances such as cocaine, heroin or marijuana. Such comments, falsely made, can be reputationally damaging.

If you reported your past alcohol arrests on your nursing school application, the fact that you have this history could make finding a job in the medical field difficult. If you did NOT report your past alcohol arrests on your application, this could lead to a loss of your RN license, if the records were discovered after-the-fact.

Before you lost your license, however, you would have been notified by the Licensing Board and given a chance to dispute any evidence presented.

I suggest you find a defamation lawyer to go over all of the information you have posted here, and provide as much documentation as possible - including the Licensing Board findings, your past alcohol arrest records, your college transcript, "witness" testimony as to what was said by this teacher, and anything else you may think is relevant.

 

[ricachon]

Thanks

I new i was going to have problems getting my liscense when i decided to go to school. Non of the teachers new of my prior history. Wasnt until i told them after i graduated. No alcoholic jokes were made, just jokes about being a "crack head". The whole class was their when she made those comments at two diff. times. Thay all support me on what ever i do. Theyre were more mad at me because i didnt say anything. DO you think i have a good case?

 

[quincy]

I really have no clue if you have a good case or not. You will need to go over everything with a lawyer experienced in defamation actions, especially those involving slander, and get his/her opinion.

I will tell you that defamation actions are expensive (multi-thousands) and time-consuming (months to years).

In addition, slander cases are extremely difficult to win, as you must rely on witness testimony, your witnesses must be reliable and unimpeachable, you must show sufficient reputational injury from the slander and damages resulting from the slander, you must demonstrate negligence on the part of the teacher in saying what she said. . . . . and none of these are easy proofs.

The defenses to slander that your teacher could try to use are truth (bringing up your alcohol arrests may be a possibility), or opinion and fair comment. She may say the comments were jokes and that you did not complain about them at the time. She could say that, had you complained, she would have refrained from saying any more and retracted what she said prior.

From what you have posted, I am not sure these defenses will fly - but I am not sure any slander action you bring against her will fly, either.

That is why you need to consult with an attorney. You may decide an action against the teacher is not worth pursuing or you may be convinced that one is.

 

[lealea1005]

Also in OP earlier post that he deleted, he states he participates in TPAPN, which is a program for impaired nurses in Texas. He stated he took "responsibility", but deleted his thread before answering my question regarding what he meant by that.

As I said in his earlier thread, his BON would not have revoked or suspended his license without notices/warnings, and a chance for OP to present his side to the Board before they rendered their decision. Boards of Nursing do not suspend/revoke licenses on heresay or gossip.

So I'll ask again: OP, did you have a positive drug or alcohol test, OR were you impaired at any time while you were working as a licensed nurse? THAT would be a violation of the Nurse Practice Act and a reason to revoke/suspend your license.

I applaud the fact that you are working toward reinstating your license, and your health, and truly hope you make it through the TPAPN program successfully. Good luck.