• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Nursing school policy inconsistencies

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

fgs

Member
What is the name of your state? AL
I don't know if this is the correct forum for this, so please excuse me if I have not posted correctly.

This is concerning a local accredited state sponsored nursing school program. Some of the requirements for remaining in the nursing school are to pass several exams that are scheduled during the first two weeks of classes. If you do not pass these exams on the second attempt, you are out of the school. That is the written policy.

About half a dozen students had to retake one of the exams. Half of those did not pass and were removed from the program. One teacher/class favorite who did not pass had the policy "changed" for him so that he could take the exam a third time. None of the others had this opportunity.

Is there any recourse for the others who were dismissed from the program? Even before this particular test, other students have failed other such exams and had to repeat the entire course (not all given opportunity to repeat) and not given an opportunity to retake.
Any comments would be appreciated.
 


fgs

Member
Thank you for your reply.

Will you please explain why legally this would be true. Thanks
 

mb94

Member
Because unfair doesn't mean illegal.

As long as the reason that they offered to bend the rules weren't based on a protected characteristic it is perfectly legal. Now, if your had 20 people who failed the test, and they let the 10 while students retake the test a 3rd time because they didn't like black people... that would be something you could make a case out of.

But just because there is a written policy doesn't mean you can't use your best judgement to make exceptions.

We do this every day. There is a law against speeding, but an officer will use his discretion in writing that ticket. You can't take that officer to court for writing you a ticket because he didn't write one for everyone else. An office has a "no tardies" policy, but will make an exception if their top salesperson is in a car accident and is running late.

Our legal system understands that there are grey areas, and it allows people to make exceptions to policies as long as those exceptions aren't based on things like personal bias towards certain races, religions, genders, etc.

Or, as my Momma said, Life Isn't Fair.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top