Do we have a case?

[radlee]

My wife failed her last semester of her RN class. She passed all tests but one and also passed her HESI exam (which is what the college uses to measure the students ability to pass state boards). Obviously, she appealed her grade. The instructors reviewed each test after completion, made adjustments, sent out rationales for changes and the testing ended with the final. At that point, several others began appealing the test that my wife failed (a large percentage of the class failed this same test). The instructors went back again and adjusted some grades on at least two tests and declared these same tests "thoroughly reviewed" again. Thankfully, this caused many others to pass, but put my wife literally one question away from a passing grade. She appealed again to the department chair. (but my question is not directly related to this)

Meanwhile, to be a good sport, my wife decided to help assist with the pinning ceremony practice of the passing students. When she arrived, she was approached by the department chair, who asked her name. My wife told her and the department chair promptly told her that she could not be there. My wife explained that she wasn't there as a participant, but rather to assist as needed. The department chair again told her that she needed to leave.

My wife has trouble being admonished by authority figures. She is a very capable LPN and has won many accolades for her work. This event, couple with her near miss, upset her emotionally. So badly, that while at the doctor's office later that day (pre-made appointment for reupping some meds), the doctor told her that she did not need to work in the state that she was in and gave her a doctor's excuse for the remainder of the week. So she missed work due to this. (But, it gets better)


Now -for the pièce de résistance:

Later that everning, the department chair replied using the appeal email that my wife sent her, with this explanation:

"Mrs. Xxxxxx, As I told you in the hall at the Xxxxxx Annex, there are policies in place which guide any decisions I make. I am unable to waive the Pinning and/or Graduation policy for students who have not successfully passed the exit HESI. Dr. Xxxxxxx"

Contained in that very same email are these first three sentences from my wife:

Dr. Xxxxxxx,
I do appreciate the extra points. I ask that Test 1, Test 3 and the Final be examined as well. I am appealing my grade. Again, I state my reasoning - having passed the HESI test which is the major bench mark our school measures our future nurses and their success.
This seems to highlight a few things:

- My wife was removed without merit
- The department chair apparently didn't give my wife's appeal any merit at all
- The department chair is not capable of checking her facts prior to issuing an email.

So- my question. Is there a legal case here? I know that at the very least this is a moral injustice, but would it be legally? If so, what is the best approach?

I don't pretend to be a lawyer, and we have never sued anyone in our lives (we are in our late 40's), but this seems very wrong.

 

[army judge]

You have no actionable legal issues.

Why do you think you have a case?

How was she harmed?





(Yes, she wanted to pass the test. It made her feel badly. But, if hurt feelings were a tort, every employee who ever received a tongue lashing from their boss would be rich.)


All I can suggest is that your wife repeat the course.

She should also speak to someone about her inability to accept criticism from authority figures.

 

[radlee]

If you read, she was ejected from a college event without merit. I was not asking about the grades. The department chair herself said she could not be there without having passed the HESI, and replied to her in the very email which she stated that she had. That seems like she was ejected from that event without merit. I am not talking about grades. READ the post, rather than scanning and throwing out your own SNIDE remarks (you are obviously a lawyer) -see how I can make my own assumptions here too?

 

[army judge]

If you read, she was ejected from a college event without merit. I was not asking about the grades. The department chair herself said she could not be there without having passed the HESI, and replied to her in the very email which she stated that she had. That seems like she was ejected from that event without merit. I am not talking about grades. READ the post, rather than scanning and throwing out your own SNIDE remarks (you are obviously a lawyer) -see how I can make my own assumptions here too?

I read the post.
I didn't address the part about being asked to leave the school premises.
This might come as a surprise to you, but schools have carved out many exemptions under our system of laws.

Unlike a private property owner having to warn trespassers about their presence before the trespasser can be arrested, schools don't have to do that.
Schools can summarily arrest trespassers or have them arrested.
Schools can ask you to leave.
There need be no merit (a school isn't a public park, open to all), only the accusation that you're breaking a rule or disrupting the academic environment.
Schools don't require warrants to search student lockers, employers do.
The list could continue.

Yes, I'm a lawyer.
A very accomplished one at that.
In fact, I'm so accomplished that I'll represent your wife (pro bono, I might add), if you can show me one tort that the school committed against your wife.
That was your original question, wasn't it?
You did ask about your ability to seek legal redress for the tortious conduct of the school.
So, show me one, and I'll litigate the case for her.

My remark wasn't snide.
It was simply intended to respond to your mention of your wife's defiance of authority.

By the way, do you even know the meaning of the word, "snide"?

snide

adjective /snīd/

1. Derogatory or mocking in an indirect way
* - snide remarks about my mother

2. (of a person) Devious and underhanded
* - a snide divorce lawyer

3. Counterfeit; inferior
* - snide Rolex watches

Good luck!

 

[radlee]

Okay. Maybe I over-reacted. But the email she replied with counters her own argument. She says - I told you to leave because we have a policy that states you could not be here because you failed the HESI. In that same email she replied to, my wife stated that she had passed (this was an email sent before the fact). And yes, I know what snide means. As well as understanding the term smartass.

 

[radlee]

And by the way. My wife does not defy authority. She FEARS it. She has some major emotional breaks to what most people would deem a slap on the wrist. She has cried for three days straight. (I'm the one that sometimes tries to defy authority).

 

[army judge]

Okay. Maybe I over-reacted. But the email she replied with counters her own argument. She says - I told you to leave because we have a policy that states you could not be here because you failed the HESI. In that same email she replied to, my wife stated that she had passed (this was an email sent before the fact). And yes, I know what snide means. As well as understanding the term smartass.

So, I'm guessing you didn't find that tort, huh?
You won't.
You STILL have no case.
You did ask about US, didn't you?

Well, here's some more breaking news, your wife has no case, either!!!

And, unlike you, I don't care what names you call me.

I'm just as happy, well adjusted, self secure, and arrogant.
After all, you said it, I'm a lawyer.

 

[radlee]

Ahhhh!!!! Well, the first step to recovery is admission. I do appreciate the advice, and I guess I can't get past the fact that the DC sent an email that said "here is the reason I ejected you" and yet that reason is not valid. But, given we live in the U.S.S.A it does not surprise me.