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Rejected by college, I do not accept this!

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dcclpn

Junior Member
What is the name of your state (only U.S. law)? Georgia

I am an LPN, almost finished with the LPN to BSN bridge program. I have had to fight to remain in this program. I am an Army veteran, with financial assistance from my disability with the military. I chose a college with a classroom, because that is how I learn. The nursing program at the college I am enrolled, has classes that require online instruction. That has been my struggle. I was due to graduate May 2018, this past semester was/is the hardest, as next semester is the easy getting-you-ready-to-leave-the-nest and into the workforce (no one fails the last semester!). The policy changed for their ATI assessment, where the test scores used to matter, they only give you 30 points out of 100, in order to get the full amount (the other 70%), you have to watch focused assessments on the ATI computer program, which logs your time. Each student has a different amount of time, it all depends on the score they receive on their practice tests. I am a unconventional student, a single adult, who has to work, and maintain's other responsibilities, and who does not have reliable internet access 24/7. I passed all my classes, except one, where my final grade average was a 73.3, which did not meet the 74 passing grade. If I had been given more than the 30 points for the ATI portion, I would've passed. I appealed the grade, and went to the Vice-President of the college, and now, I am no longer allowed to finish their nursing program. This is an injustice to the nursing field! We are in the business of health-care, and compassion, yet, the professionals at this college only have their ego and their finances as a driving force.

I have been told by several friends to seek a lawyer's help.
I'm open for any advice~
Thank you!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Georgia

I am an LPN, almost finished with the LPN to BSN bridge program. I have had to fight to remain in this program. I am an Army veteran, with financial assistance from my disability with the military. I chose a college with a classroom, because that is how I learn. The nursing program at the college I am enrolled, has classes that require online instruction. That has been my struggle. I was due to graduate May 2018, this past semester was/is the hardest, as next semester is the easy getting-you-ready-to-leave-the-nest and into the workforce (no one fails the last semester!). The policy changed for their ATI assessment, where the test scores used to matter, they only give you 30 points out of 100, in order to get the full amount (the other 70%), you have to watch focused assessments on the ATI computer program, which logs your time. Each student has a different amount of time, it all depends on the score they receive on their practice tests. I am a unconventional student, a single adult, who has to work, and maintain's other responsibilities, and who does not have reliable internet access 24/7. I passed all my classes, except one, where my final grade average was a 73.3, which did not meet the 74 passing grade. If I had been given more than the 30 points for the ATI portion, I would've passed. I appealed the grade, and went to the Vice-President of the college, and now, I am no longer allowed to finish their nursing program. This is an injustice to the nursing field! We are in the business of health-care, and compassion, yet, the professionals at this college only have their ego and their finances as a driving force.

I have been told by several friends to seek a lawyer's help.
I'm open for any advice~
Thank you!
You may wish to find another school that will accept your prior coursework. Please be aware that this is not a lawyer-referral site.
 

Taxing Matters

Overtaxed Member
What is the name of your state (only U.S. law)? Georgia
This is an injustice to the nursing field! We are in the business of health-care, and compassion, yet, the professionals at this college only have their ego and their finances as a driving force.
I understand that emotional response, as it is your future as a nurse that is at stake here. But the reality is that the school has to have standards to ensure that the nurses it graduates are competent. If a student doesn’t meet the minimum standards the school sets the student doesn’t graduate. It is up to the student to choose which college to attend, and one of the factors a student ought to use in picking a school is the methods of learning offered to find the best match for way the student learns best. But even doing that chances are that a student will have at least some classes that offer learning in a format that is not the student’s preferred way to learn. In those cases, the student needs to adapt and put in the work to meet the required level of performance. There is no requirement that a school must offer classes that fit a student’s preferred way to learn. It’s not an issue of compassion; it’s an issue of expecting students to meet the requirements that the school has set for everyone in the program.

If you haven’t yet spoken with your advisor at the college to ask what you might be able to do, if anything, to continue in the program, I would encourage you to do so. It may mean that you end up in the program a bit a longer than you initially planned, but that would be better than simply having it all come to a full stop. You should also review your school’s policy for appeals of grading and dismissal decisions.

I have been told by several friends to seek a lawyer's help.
While you certainly may see a lawyer to discuss this, your post doesn’t reveal anything that would give you a legal claim against the school. In general courts do not review grading or other academic decisions by colleges. Courts are not well suited to second guess academic decisions as education is not their area of expertise and the law does not regulate how colleges must handle grading decisions or decisions to dismiss a student from a program. If the school is a government owned school (e.g. state college or university) the school must provide some due process in the decision making, but so long as the school’s process meets the minimum required (and its not very demanding) the courts are not going to overturn the school’s decision. But perhaps some fact you didn’t mention here might make a difference, so it may be worth meeting with a lawyer who practices in the area of education law to see if there is any possible recourse for you.
 

dcclpn

Junior Member
I totally respect your answer. The truth can be painful~ my entire motto in life is to NEVER GIVE UP. When the professionals, teaching the next generation give up on you (smh!). As a nurse, I am confident, capable and compassionate, and I am watching humanity 'leave the building' while technology demands its statistics and information, which requires the nurse's time away from the patient's bedside. I honestly don't believe Florence Nightingale would be able to pass the nursing course's of today's society.

One of the professor's at the college (not a nursing professor) made a powerful statement that sticks with me, he quoted someone, stating that whenever a society has too many lawyers, that society is doomed to be extinct. My dad always said that laws are made by the lawyers, for the lawyers. 'We the people', are just the workforce.

Whenever we do not learn the lesson, we are doomed to repeat the history~

the circle of continues...
 

Zigner

Senior Member, Non-Attorney
I totally respect your answer. The truth can be painful~ my entire motto in life is to NEVER GIVE UP. When the professionals, teaching the next generation give up on you (smh!). As a nurse, I am confident, capable and compassionate, and I am watching humanity 'leave the building' while technology demands its statistics and information, which requires the nurse's time away from the patient's bedside. I honestly don't believe Florence Nightingale would be able to pass the nursing course's of today's society.
The medical field is integrating technology as much as possible. If you can't successfully interface with and adapt to technology, then you are left behind. For the record, I wouldn't want Florence Nightengale to be a nurse in today's society unless she was able to fully adapt to modern technology.
 

Shadowbunny

Queen of the Not-Rights
I totally respect your answer. The truth can be painful~ my entire motto in life is to NEVER GIVE UP. When the professionals, teaching the next generation give up on you (smh!). As a nurse, I am confident, capable and compassionate, and I am watching humanity 'leave the building' while technology demands its statistics and information, which requires the nurse's time away from the patient's bedside. I honestly don't believe Florence Nightingale would be able to pass the nursing course's of today's society.
.
Technology demands nothing -- it's people who demand technology. And interestingly enough Florence Nightingale was known for her statistician skills.
 

cbg

I'm a Northern Girl
dcclpn: what law do you believe was violated here? What protected right do you believe you have to remain in school?

Under what legal concept do you think the law has any jurisdiction here?
 

dcclpn

Junior Member
dcclpn: what law do you believe was violated here? What protected right do you believe you have to remain in school?

Under what legal concept do you think the law has any jurisdiction here?
As a paying customer, who has received passing grades, as far as test-scores are concerned, I upheld my end, when they changed the policy for one particular requirement, the test scores no longer have the most value, the value shifted to the time spent using the program. I did not use the program, therefore, I did not get enough points to pass. I have not violated any rules, have not been disrespectful to a single person, and have maintained an eager to learn attitude, throughout, and for them to dismiss me, and refuse to give me another shot, when I am so close to finishing the program, it's really cruel. They are infringing my right to earn the degree, which affects my finances, as well as my reputation. They have taken my money, and I feel, I have proven myself a great student, except for a few minor hiccups, when it comes to technology and online courses. I have the grades, and have made the Dean's list, in classes that do not require you to take lecture from a computer program.

I believe that a consumer has the right to continue to achieve their goals and their dreams, and there is no justification for refusing them, as long as they are not disruptive or disrespectful.

My motto is Never Give Up...and I will remain true to that statement.
 
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CTU

Meddlesome Priestess
As a paying customer, who has received passing grades, as far as test-scores are concerned, I upheld my end, when they changed the policy for one particular requirement, the test scores no longer have the most value, the value shifted to the time spent using the program. I did not use the program, therefore, I did not get enough points to pass. I have not violated any rules, have not been disrespectful to a single person, and have maintained an eager to learn attitude, throughout, and for them to dismiss me, and refuse to give me another shot, when I am so close to finishing the program, it's really cruel. They are infringing my right to earn the degree, which affects my finances, as well as my reputation. They have taken my money, and I feel, I have proven myself a great student, except for a few minor hiccups, when it comes to technology and online courses. I have the grades, and have made the Dean's list, in classes that do not require you to take lecture from a computer program.

I believe that a consumer has the right to continue to achieve their goals and their dreams, and there is no justification for refusing them, as long as they are not disruptive or disrespectful.

My motto is Never Give Up...and I will remain true to that statement.

You are gravely mistaken.
 

not2cleverRed

Obvious Observer
As a paying customer, who has received passing grades, as far as test-scores are concerned, I upheld my end, when they changed the policy for one particular requirement, the test scores no longer have the most value, the value shifted to the time spent using the program. I did not use the program, therefore, I did not get enough points to pass. I have not violated any rules, have not been disrespectful to a single person, and have maintained an eager to learn attitude, throughout, and for them to dismiss me, and refuse to give me another shot, when I am so close to finishing the program, it's really cruel. They are infringing my right to earn the degree, which affects my finances, as well as my reputation. They have taken my money, and I feel, I have proven myself a great student, except for a few minor hiccups, when it comes to technology and online courses. I have the grades, and have made the Dean's list, in classes that do not require you to take lecture from a computer program.

I believe that a consumer has the right to continue to achieve their goals and their dreams, and there is no justification for refusing them, as long as they are not disruptive or disrespectful.

My motto is Never Give Up...and I will remain true to that statement.
And what would you expect to do as an RN? Don't you realize that the field is constantly changing, and that you have to constantly adjust to meet new requirements? If you are not smart enough to figure out how to get a passing grade, how can we expect you to grasp new medical protocols in the field?! You are expected to be able to use technology.

You do not have an intrinsic right to get a degree. The degree has to be earned, and you didn't. There are pathways to appeal a grade - a courtroom is not it.
 

cbg

I'm a Northern Girl
I believe you missed my point. So let's try again.

Please post a link to the law you believe has been violated.
 

not2cleverRed

Obvious Observer
I believe you missed my point. So let's try again.

Please post a link to the law you believe has been violated.
I think OP is channeling the Declaration of Independence.

'Cause we all have the right to not just the pursuit of happiness, but to actually attain it. When in the course of human events and all. A living document, ya know, perhaps thanks to an AED. (Gosh, CPR training has changed so much in the past 35 years.)
 

HRZ

Senior Member
I do not think you have a sound legal point in your favor ....and the College probably has reserved the right to change its course requirements as it sees fit ....being a good customer does not entitle you to a passing grade...although I've heard that line of logic at some top schools from students ....and resisting adaptation to a different delivery model is not going to win you any points and invites debates about your ability to adapt to changing demands in your field. .

HOWVER I am rather surprised that somebody would get a failing grade of 73.3 when a 74 is needed unless somehing else was going on.....

Personally I don't think the legal route will get you anyplace...the faculty and institution will rally around the sacred flag of the standing faculty right to grade as they see fit. BUT if is this is some institution that holds itself out to be veteran friendly and there is a strong advocate for veterans issues you might try to sort out if that advocate could move a few things to accomodate a retest .....I've seen veterans advocates get things moved ...and quite frankly your tone and sense of entitlement is not serving you well....let somebody else be your advocate .
 

stealth2

Under the Radar Member
In most, if not all, fields, if you cannot keep up with the changes (be they in knowledge or technology), then you are left behind. You do not have an inherent right to a degree because you are a nice person who paid the college. And yes, they are allowed to change the rules/requirements.
 

CdwJava

Senior Member
.

HOWVER I am rather surprised that somebody would get a failing grade of 73.3 when a 74 is needed unless somehing else was going on.....
It may have something to do with state requirements or licensing. In many fields (including mine),and in many college majors, there are subject areas that require a minimum score well above traditional "failure" in order to successfully pass the program.
 

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