Hi,

I am writing because I would like comments on my situation. Earlier this year I found out a classmate of mine in my last year of BSN nursing decided she would go to the hospital where we were both working as CNA's and tell my floor that I gave a presentation to my class in which I told everyone that at my hospital many of the nurses I was working with were on drugs. I have no idea how she got this, but my boss confronted me and I denied it. I was so upset I had a meeting with my Dean of Nursing who made arrangements to have me finish my last 4 weeks of classes at home without having to be in the same classroom as someone whom I did not know slandered me.

A few days passed and I heard nothing from my school so I decided to go in for a scheduled test. Mind you, I had not been sleeping well and I began to have symptoms of my bipolar disorder. I became overly concerned and distraught about the situation. I was late for the test and I began speeding in the parking lot trying to find a place. I ended up parking in a non-parking spot and rushed 15 min late for the test. The teacher found me a spot in front of a computer and on ques 22 the class was evacuated out of the room except for me and a security person asked me to go with him-he called me by the wrong name so I thought he got the wrong person.
Then the VP approached me andtold me I was suspended and the police were coming to arrest me. I kept asking what was going on but no one would tell me.
The police came and arrested me and then I heard all the charges-reckless driving/harrassment and disorderly conduct.
After 30K to the defense lawyer we have come down to this with the school-private school.
They refuse to grant me a nursing degree even though I was 4 weeks to graduation and said if they reinstated me, I would be a liability in clinical. They said they would grant me a BS in liberal studies.
Now it is more than difficult to go to another nursing school because the previous school will not give me a recommendation which is what I need to continue even though I had a 3.4gpa with scholarships.
All my charges were dismissed except for the disorderly conduct 3rd degree misdemeanor.

What I originally wanted to do was get my BSN and then get my legal nurse consultant education but now I don't think I can do that without a referral. My lawyer says the school will not let any teachers to write a referral and they will not allow me to contact the school, not even my friends.

They automatically thought that since I was driving quickly, that I was trying to run someone over-which waS not my intent, I was trying to get to class but since I have a documented disability-mental illness that I automatically was trying to kill someone.

I have invested 65K in my education and I am about to sign something with the school to get my BS in Liberal Studies NOT my BSN. Since they are a private school they do not have to uphold discrimination laws and are hiding behind the liability issue.

My mother thinks I should go to the assoc. dean of another school and explain the situation. The only reason I have a record is because of the exacertbation of my mental illness-
I could go to Law school where I possibly don't need a recomendation but I have to be forthright with my criminal record.

Please send your comments to: hwils0530@comcast.net
I am not sure what else I can do but to warn others who have disabilities NOT to go to a private school--
This has been a nightmare..............

I went to my favorite search engine and typed "non-dicrimination in education". The first heading I clicked on mentioned, in part, that the ADA does not require that the educational institution receive federal assistance. So one might conclude that the private school you attended should/might have to comply with ADA laws. It might also seem to a reasonable individual that if the adjudging agency (presumably the courts) dismissed all but the third degree charge then the validty, reliability and substance of the the schools apparent charges against you just diminished somewhat.
Additionally, if it is presumed that everyone who speeds through a parking lot is intent on killing someone then we are all in trouble. I'm not an attorney but the words "intent" and "victim" immediately come to my mind. It doesn't appear to me that you have either intent or a victim unless I'n not aware of all the specifics.
I don't have your original post in front of me right now so there may be addendum as the afterthoughts come to me. This type of situation infuriates me simply due to the prejudice and ignorance involved.
I am not an attorney. Any/all comments I make are based solely on my opinion, however educated it may be.
Please keep us updated.

I have the original post in front of me now so may I offer some sugestions from a layman's point of view?
If the individual that allegedly slandered you had no reason, basis or background to do so and there were witnesses'( a good attorney can file a motion to produce), wouldn't that be a basis for a slander suit?
Was the school fully aware of your "disability" from the onset of your attendance there? It appears one teacher made accomadations for you as a protective measure from the other person so one might assume there was forethought and planning on the school's part.
I am curious if the President of the private school knows and approves of what happened to you. The issue may be concealed from him. I'm sure the last thing he wants is a publicized lawsuit implicating his school. Perhaps your mother's suggestion is valid....it can't hurt and you clearly have the documents to prove your academic capabilties. Perhaps a letter( by certified mail, return receipt requested) to the dean of the private school might be in order. Explain the situation to him, ask for a formal meeting (take a witness favorable to you) and ask for due consideration considering the circumstances.
I am so sorry something like this happened to you. Perhaps you might want to consult with an ADA attorney or a civil rights attorney.....it can't hurt to ask questions.
I hope I have tossed up some suggestions that might help you. Unless something else comes to mind, these are all my limited scope had to offer.
Good Luck.

First,
Thank you for your responses.
I do not know who slandered me. Seems as though he hospital is keeping that under wraps and the school had an investigation but I don't know the results.
We went through the appeal process where the President of the college made the final decision of not readmitting me because I was deemed a liability.
My lawyer seems to think I would have no case for discrimination and other attys I contacted didn't see a case either. I have one last atty to contact tomm.

Once again, I am not an attorney. My comments are based on:
1)what I would do if I was in your situation and;
2)what my thoughts might be if I were a juror in your case.
You don't know who slandered you but in the original post you mention something about it being a CNA that you apparently worked with. It's my understanding that most hospital floors have 1-3 CNA's so it shouldn't be that hard to narrow it down. I would also think a good attorney could file a "motion to produce" that information from the hospital.
"...I was deemed a liability". If that's the case then no school should ever enroll a "disabled" student. I think a good attorney would have a good time labeling this as "arbitrary and capricious". I would also think an attorney could cross-examine the President of the private school and find numerous contradictions.
You haven't mentioned if the lawyers you have talked to approached this issue from a violation of ADA standpoint? I would also think an enterprising attorney would go after the deep pockets of the private school that, obviously, has money and would try to avoid a publicized lawsuit.
To be honest and right up front, it appears to this non-lawyer that the opposing side is concealing, is putting up "smoke and mirrors", is being flippant and knows that, in time, you will tuck your tail and scurry off into the shadows. Please don't give up.
Have you consulted with your personal physician, explained the situation to him and asked that he write a letter on your behalf in reference to you not being a liability?
I am trying to help the best I can. I have been in a situation somewhat like yours in that it involved my career, my livelihood and the prejudice and ignorance of a big company. It is a very lonely experience. It may also take alot of time.
Please be strong.

I stumbled upon a website that has an 800 number that will field questions. Please give it a try....it can't hurt. I also find it REALLY hard to believe that this school doesn't receive ANY federal financial assistance even if it is under the auspices of "private".
www.hhs.gov/ocr/504.html

I found another website of interest.
www.ed.gov/about/offices/list/ocr/index.html

The left column of the home page has a "contacts" link. Click there, then scroll down to the civil rights hotline 800 number.
If it were me, I would go ahead and file a complaint.
It's worth a try.
The more visible and pronounced you can make yourself, the more obvious it will become that you aren't going to take this laying down.