Student Suing Misericordia University Officials After Failing to Pass Course

[ghost]

DALLAS TOWNSHIP — A nursing student is suing some Misericordia University officials after she failed to pass a course twice.



Jennifer Burbella of Stroudsburg said school officials failed to abide by federal law.



Burbella was enrolled at Misericordia University in Luzerne County, but her attorney said because of disabilities including anxiety, depression, and stress, she needed help.



Harry McGrath specializes in education law, representing students, families, teachers, and administrators.



"She has some disabilities and under section 504 of The Americans with Disabilities Act of 1973, you can make certain accommodations, not only in educational setting, but in the workplace, et cetera," he said.



According to the federal lawsuit, Burbella asked for help including extended time to complete exams, and communication with a professor during a test.



She said Misericordia officials did not follow through on those things, so she failed to pass the required course, not once, but twice.



At one point, according to the lawsuit, Burbella tried to call her professor during the examination. When that professor did not answer, a witness saw Burbella "...on several occasions during the exam...breaking down and crying."



Misericordia University officials told Newswatch 16, "We do not comment on matters of litigation," but others are talking about it.



"I think that it's very important that people get accommodations when they need them, so I think that's where my mind went first," said Michelle Berley of Shavertown.



"If you're going into a medical program that if you need that certain kind of time, my opinion is maybe it's not for you. I'm doing physical therapy here and I feel like I want to be the best and I want to know that I'm able to do what I need to do in the time frame to be done. That's how I feel about it," said Misericordia University student Kevin Collins.



Burbella's attorney said his client's disabilities should not keep her from being a nurse.



"I think many people suffer from anxiety, depression, and those types of things who are doctors, lawyers, nurses," said McGrath.



According to the lawsuit, Burbella is seeking in excess of $75,000 in damages, but her attorney said what she wants more than anything is a chance to take the exam again.



"She's not looking for the university to ordain that she get this degree, she's looking for a fair opportunity, which the statute provides, to take the exam. If she fails it that's her own problem and she has to deal with it," said McGrath.



Burbella is no longer a student at Misericordia University.







http://wnep.com/2015/05/12/student-suing-misericordia-university-officials-after-failing-to-pass-course/">http://wnep.com/2015/05/12/student-suin ... ss-course/">http://wnep.com/2015/05/12/student-suing-misericordia-university-officials-after-failing-to-pass-course/



I find this quite interesting and think she is completely in the right.



I went through a very rough depressive time in my fourth year of university. I was having trouble with my spanish course and had a few anxiety meltdowns (one which involved bursting into tears in front of my prof ten minutes before an exam). My prof was more than understanding: he gave me the extra time I needed to write the exam, gave me extra assignments for credit, and did everything he could to help me pass.

[Anonymous]

Another frivolous lawsuit South of the border. ac_rollseyes

[ghost]

No, not this time. My guess is she is suing for the return of her tuition.



If a school is failing to uphold a disability act, they are completely in the wrong.

[Anonymous]

No, not this time. My guess is she is suing for the return of her tuition.



If a school is failing to uphold a disability act, they are completely in the wrong.

She can see a shrink for her "disabilities".



She failed twice. Either she didn't work hard enough or she is not cut out for nursing. Tough course and a lot of people fail. Next!!

[ghost]

She has depression and anxiety disorder, which makes test taking extremely difficult. It doesn't mean she's stupid or not good enough to become a nurse.



The fact is she asked for help repeatedly and was ignored.



For the record, it states she was being treated for her problems. So yes, she probably was already seeing a shrink.

[Renee]

Under the the Americans with Disabilities Act she is entitled to certain accommodations and if the school didn't provide those accommodations then she is completely and legally in the right. I say she has a case.



She's not asking for a degree to be bestowed upon her because she has mental or emotional issues, she is simply asking for what she is entitled to under the law so that she can complete the exam.

[RW]

If she can't handle the stress of school, how is she going to handle the stress of nursing?

[Renee]

If she can't handle the stress of school, how is she going to handle the stress of nursing?

That's a separate issue.

[RW]

Is it?

[Renee]

Is it?

Yes it is. It has nothing to do with what the university is required to provide under the law to a so-called disabled student.

[ghost]

Is it?

Yes. Stress and anxiety present themselves differently in people. I stress out over exams, but function very well in other aspects.



For example: I've helped people in car accidents before and administered first aid while waiting for the ambulance. I didn't get stressed out in the slightest. But man, oh, man, algebra exams in high school reduced me to severe panic attacks.

[RW]

And jobs that require constant test taking and skills upgrading such as nursing?  How will that nose for someone with such disorders?

[Anonymous]

If she can't handle the stress of school, how is she going to handle the stress of nursing?

My point precisely. She cannot handle a very stressful job. Even if she does eventually pass the course work, she WILL fail on the job and that could have some serious consequences.

[ghost]

And jobs that require constant test taking and skills upgrading such as nursing?  How will that nose for someone with such disorders?

Skill upgrading perhaps. Test taking, no. My mother was a nurse for fifty years and I don't believe she ever had to take a test.



That said, most disorders are treatable. To suggest that someone with a treatable mental disorder shouldn't work their dream job is kinda shitty. As I said, anxiety presents itself differently in situations. Just because someone has trouble with exams doesn't mean they can't fully cope with other high stress situations.



There are plenty of nurses who deal with depression and anxiety. A quick search led to several medical journals and articles discussing it.

[RW]

My mother was a nurse over thirty, 15 of which she was an instructor - ACLS, PALS, critical care.  Every single one of those courses involved test writing.  



I agree disorders are treatable or at least manageable.  Maybe the woman in question should manage her disorders then finish her schooling.



I'm not saying that people who have anxiety or depression should not be nurses but if it is such that a woman cannot complete the minimum education requirements because of it, maybe she's not ready to be one.