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.
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.