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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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Hello; Im currently a nursing student & I had to repeat a

Customer Question

Hello; I'm currently a nursing student & I had to repeat a med surgical class in which the instructor gave 0 to 16 points added on the final instead of just giving 16 points down the line to every student in the class. When I asked how they justified in giving one student 1 point to giving another 16 points there was no clear explanation. During the final the computer system kept crashing & we asked the instructor if we can just take the exam on paper or come back another day once the computers were up & running to take exam, she refused. Having test anxiety & getting kicked out of the exam over & over I didn't score as high. Some students were given the chance to retake their ATI exit exam the fourth time to pass ( we are allowed 3 times to take) because of computer problems, but I wasn't given the opportunity to retake the final or given the 16 points on my final to pass. My question is do I have a legal case against the school? Melissa
Submitted: 2 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is Alex and I will be happy to answer your question.

I'm sorry to hear about unfortunate situation.

Did you take this exam three times?

What explanation was given to you by the school for their refusal to allow you to take this exam for the fourth time, as they allowed some nursing students?
Customer: replied 2 years ago.
Hello Alex, no I passed the ATI exam on my second try but the final was only offered once but unfortunately there were computer problems & we were getting kicked out of it while taking the exam. I told the vice president that I felt that if we weren't given a second chance on the final in order to pass med surg class, then the students who didn't pass the ATI exam should not be given another chance to take the exam just because there were computer problems, they had three times to take it & pass it. And they wanted to be fair why didnt they just give all the students in class 16 points added to the final, how can they give one student 2 points, another 0 points & another 16 points?
Expert:  Alex J. Esq. replied 2 years ago.
thank you for your follow-up.

What options do you have to pass all the required exams in order to get your nursing diploma/license?
Customer: replied 2 years ago.
We were given only one chance to take the 4 unit exams & final for the med surg class. The ATI comprehensive exit exam the students were given three chances to score a 95% or higher in order to exit the program. I passed the comprehensive exit exam on the second time with a 96% but failed the med surg class by one point & have to repeat the med surg class. I asked the dean of the program if I could retake the final on paper because the computer kept crashing while we were taking the final exam. She said no but they are letting the students who didn't pass the exit exam on their third time with a 95% - take it another time to pass so they do t have to retake the ATI class.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

Do I understand correctly, that a nursing student is generally given 3 chances to take comprehensive exit exam and only 1 chance to take final surgical exams and this are two separate examinations?

I just want to make sure that I do understand the exam procedures and requirements that are in question here.

Thank you.
Customer: replied 2 years ago.
Yes, you are correct. These are two exams for two different classes in the fourth semester. 4 students were allowed to take the ATI comprehensive a fourth time because the computer system crashed while they were taking the exam. When we were taking the final exam the computer system crashed a couple of times & we weren't given another time to retake it. And the instructor added different amount of points ranging from 0 to 16 points to the students, she couldn't justify how they came up the amount she gave each student: for example I got 8 points & another student received 16 points.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up and your patience.

Unfortunately, based on all the facts and details that you have described to me, I am afraid that you might not have a strong case and would have an uphill battle if you try to challenge the school by filing a lawsuit or otherwise try to pursue some type of legal recourse against the school.

The reason is the fact that the surgical exam is a separate exam and the current requirements, because it is a surgical/practical exam only allow for this exam to be taken one time, the school would be facing enormous potential liability if it allowed nursing students to take it more than once, not to mention the fact that the school's accreditation could have been terminated/suspended.

Also given the fact that no other student was allowed to take this particular exam twice, you would not have much of a case if you try to allege some type of unfair/favorable treatment and the additional point are generally left up to the discretion of the teacher/professor/instructor and it would be extremely difficult to challenge the instructor on grading or award of the number of additional points, due to academic freedom that professors/teachers/instructors are given by law.

I know this is probably not an answer you were looking for, but please understand that I do have a professional obligation to provide all JustAnswer.com customers with correct answers, even if the answer is unfavorable to the customer.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

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Customer: replied 2 years ago.
So in your opinion the school was fair in allowing a fourth try at the ATI when we were only allowed 3times to take & the only reasoning for allowing the 4 students to have a fourth try was because of computer system failure which also occurred during the final exam.
Expert:  Alex J. Esq. replied 2 years ago.
Absolutely not. It is not fair.

But, if you had failed the ATI and were not allowed to retake it for the 4th time, while other students were allowed to take it for 4th time, you would have a much stronger case against the school.

Unfortunately comparing two separate tests would generally not work as the school would argue that it is similar to comparing "apples and oranges" and my understanding that there was no other student who was allowed to retake the surgical test for the second time.

I know this is frustrating experience, especially given the fact you came so close to passing this surgical part, but I truly think that you will be much better off and successful in retaking this class, than trying to fight this uphill legal battle and wasting your time, money and energy on it.

Of course, I do have to suggest for you to consult with a local attorney who can evaluate your entire situation and all the relevant facts and documents and would be able to provide you with a specific legal advice.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!

Expert:  Alex J. Esq. replied 2 years ago.
Do you have any related follow up questions or do you need for me to further explain my answer to you?
Customer: replied 2 years ago.
Relist: Other.
The answer was somewhat answered, by Alex to still take the issue to another attorney to get more info
Customer: replied 2 years ago.
Relist: Other.
Advised to still go to an attorney to receive more info on issue
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

I will need to clarify myself.

I did provide you with complete and correct answer and what I actually suggested is for you to consult with your local licensed attorney in person.

Your local attorney, can actually speak to you in confidence and provide you with legal advice after reviewing your entire situation and all the evidence/documents/facts related to your case.



If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!

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