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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience:  Began practicing law in 1992
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I was a nursing student in a private institution in VA but

Resolved Question:

I was a nursing student in a private institution in VA but was dismissed one class away from graduation due to an alleged professional conduct violation. There was an allegation from another student that I had inappropriately touched him/ harassed him. I did not do the do such allegations. The president of the nursing program called me and asked to make an appointment to see her to discuss something. When I went to see the President I was directed to HR and dean of the sister school. The allegations were brought up to me and I denied it. The HR and dean then pressured me to accept the allegations by telling me that the police will be called if i do not accept the allegations and that I will be registered as a sex offender. They even printed out a sex offender profile telling me that I will have my picture in there for everyone to see. I was reassured that they only want me to take responsibility of my actions and will not have to deal with such outcome if I did. As a discreet gay man, I felt scared of the exposure of my orientation to my family and religion. I wrote a letter to the dean stating that I take responsibility of my actions. I don't really know what to do. I put so much effort, time and money into getting a nursing degree. I talked to a lawyer but was charging me $350 for a consultation but does not say if I have a claim or how to move forward.
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Is there a specific question I could assist you with?

Customer:

yes

Customer:

Hello

JD 1992 :

Hi

Customer:

So I was in a nursing program but got dismissed due to professional conduct violation. I am one class away from graduation. I dont really know what to do because I put so much into this program

JD 1992 :

I understand your facts, what specific question or questions can I assist with?

Customer:

Can you tell me how to go forward with my situation

Customer:

Do I have a case? Can I sue the school for pressuring me to accept the allegations? or Should I try to negotiate with the school to accept me back into their program?

JD 1992 :

How long ago did this happen?

Customer:

I got my dismissal letter in march

JD 1992 :

Of 2013?

Customer:

oh sorry. yes

JD 1992 :

No problem.

Customer:

the alleged incident of professional misconduct occured in febuary

Customer:

2013

JD 1992 :

It would be an easy case to sue the school and force them to take you back in, so what you probably want to do is hire a lawyer to start negotiating with them to get you reinstated.

JD 1992 :

While he is doing that, he can also begin "setting things up" for if you have to sue.

JD 1992 :

How long did they give you between the time you were notified of the allegation and you have to either admit or they would contact the police?

JD 1992 :

Also, you state it is a "private institution", is it religious?

Customer:

It is not religious

Customer:

its a for-profit. CHamberlain college of nursing

Customer:

the HR and dean wanted me to leave the room accepting the alllegations

JD 1992 :

Sorry, I just noticed a serious typo above. That sentence should have said "It would not be an easy case to sue the school and force them to take you back in, so what you probably want to do is hire a lawyer to start negotiating with them to get you reinstated."

JD 1992 :

How long did they give you between the time you were notified of the allegation and you have to either admit or they would contact the police?

Customer:

they kept trying to get me to admit the allegation during the meeting. kept pressuring me to admit it

Customer:

I left the meeting admittin got the allegations

Customer:

if i didnt they would go on with their suggested consequences

Customer:

you said I can negotiate with the school?

Customer:

how so? on what terms?

JD 1992 :

You really will be threatening a lawsuit and using that leverage to try and get them to let you complete the classes.

JD 1992 :

That's why you want t lawyer to do the negotiating.

Customer:

in general how much do you think its going to cost?

Customer:

a lawyer is charging me $350 for initial consultation and I dont know how much he is going to charge me an hour after that

JD 1992 :

That's pretty hard to estimate. I'd guess just the negotiating part may be $1500 or less.

JD 1992 :

Which is very reasonable if it works.

Customer:

from the facts that I have given you, or on my profile. on what terms can I sue them or do I have any strong points?

Customer:

or do you see a success in negotiating with the school?

JD 1992 :

I think you have a good chance negotiating with them.

Customer:

I am also enrolled in another school but required to repeat all the courses

Customer:

and i dont really want to repeat them

JD 1992 :

The big issue is they were threatening the police but didn't give you time to get a lawyer or do anything other than give in.

Customer:

what about the fact that they used a sex offender profile

Customer:

would that be a form of harassment

JD 1992 :

I think it is over the edge.

JD 1992 :

It could be considered unethical and a form of harassment.

JD 1992 :

Did you pay for this with government student loans?

Customer:

yes i did

JD 1992 :

I think you can argue since they accept student loans that they are bound by the same due process rules as the government.

Customer:

do you guys do any referral for an attorney here in northern virginia

JD 1992 :

No, I'm sorry. We're not allowed to give referrals.

JD 1992 :

You can find a lawyer that does Civil Litigation at www.lawyers.com.

Customer:

should i hire a education lawyer or you said civil?

JD 1992 :

I think a Civil Litigation lawyer would be better.

JD 1992 :

Education lawyers usually deal with more administrative stuff.

Customer:

ok.

Customer:

also the school extended my curriculum twice

Customer:

i should have graduated in oct of 2012 but enrolled me in the wrong classes in the first semester of my freshman year

JD 1992 :

You might be able to use that as well.

Customer:

in may 2011 the VP of the college sent a letter stating that our curriculum would not change any further. but changed it again in May 2012 without any documentation

Customer:

just verbal announcement

JD 1992 :

That could be a breach of contract issue.

JD 1992 :

The lawyer could certainly argue both of those at the same time, the issue with the due process and the breach of contract.

Customer:

ok

JD 1992 :

Anything else I can assist with?

Customer:

so the best thing i should do is hire a lawyer

Customer:

for a lawyer that charges $350 for initial consultation is that too much

JD 1992 :

I think in your case that would make the most sense.

Customer:

are you familiar with the board of nursing?

JD 1992 :

I am in a couple of states.

Customer:

does this issue pose a risk in applying for licensure examination

JD 1992 :

It shouldn't.

Customer:

when i talk to a lawyer should i request for reinstatement via negotiation or sue them for monetary damages?

JD 1992 :

Discuss it with the lawyer because it will probably be a combination of the two.

JD 1992 :

However, if they will reinstate you and allow you to finish then that is the best.

Customer:

I dont really have that much funding right now because I spent so much in this school

JD 1992 :

I understand. You can discuss it with them and they may have a payment plan, etc.

Customer:

oh ok. that is what I was scared of because I dont have money to pay them upfront

Customer:

in general how long would this case think?

Customer:

how long will this case last?

JD 1992 :

I don't have any idea. Some go really fast and some take a while.

Customer:

About the use of sex offender profile. i dont really have any evidence of that.

JD 1992 :

Your testimony is good enough. They may admit to it.

Customer:

i filed a grievance hearing but they said they found no evidence of harassment during invistigation

JD 1992 :

It definitely is good enough for the negotiation.

JD 1992 :

That would probably have turned out different if you had an attorney.

Customer:

the thing is there wasnt even a hearing. they just asked me a couple of questions on the phone

Customer:

and that was their grievance procedure

JD 1992 :

That's the way they usually are unless you force the issue.

Customer:

what do you mean force the issue?

JD 1992 :

If you would have had an attorney they would have insisted on an adversarial hearing in person so they could questions witnesses, etc.

Customer:

i also filed a BBB complaint and with the federal loan complaint

Customer:

they were asking students to take additional class in order to be qualified for the loan

JD 1992 :

The BBB thing won't do anything, they have almost no power now.

JD 1992 :

The loan could.

Customer:

ok

Customer:

well i cant really think of any questions right now

JD 1992 :

All right. I will exit to assist others. Once you issue your Positive Rating on this question it will lock open and no longer time out so if you think of follow up questions later you can come back here and ask them.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) by clicking on a rating or a Smiley Face below so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

Customer:

thank you

JD 1992 :

You're very welcome.

JD 1992 :

I'll exit now. Bye!

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience: Began practicing law in 1992
Dwayne B. and 7 other Legal Specialists are ready to help you

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