Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
Is there a specific question I could assist you with?
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
I understand your facts, what specific question or questions can I assist with?
Can you tell me how to go forward with my situation
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?
How long ago did this happen?
I got my dismissal letter in march
oh sorry. yes
the alleged incident of professional misconduct occured in febuary
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.
While he is doing that, he can also begin "setting things up" for if you have to sue.
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?
Also, you state it is a "private institution", is it religious?
It is not religious
its a for-profit. CHamberlain college of nursing
the HR and dean wanted me to leave the room accepting the alllegations
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."
they kept trying to get me to admit the allegation during the meeting. kept pressuring me to admit it
I left the meeting admittin got the allegations
if i didnt they would go on with their suggested consequences
you said I can negotiate with the school?
how so? on what terms?
You really will be threatening a lawsuit and using that leverage to try and get them to let you complete the classes.
That's why you want t lawyer to do the negotiating.
in general how much do you think its going to cost?
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
That's pretty hard to estimate. I'd guess just the negotiating part may be $1500 or less.
Which is very reasonable if it works.
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?
or do you see a success in negotiating with the school?
I think you have a good chance negotiating with them.
I am also enrolled in another school but required to repeat all the courses
and i dont really want to repeat them
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.
what about the fact that they used a sex offender profile
would that be a form of harassment
I think it is over the edge.
It could be considered unethical and a form of harassment.
Did you pay for this with government student loans?
yes i did
I think you can argue since they accept student loans that they are bound by the same due process rules as the government.
do you guys do any referral for an attorney here in northern virginia
No, I'm sorry. We're not allowed to give referrals.
You can find a lawyer that does Civil Litigation at www.lawyers.com.
should i hire a education lawyer or you said civil?
I think a Civil Litigation lawyer would be better.
Education lawyers usually deal with more administrative stuff.
also the school extended my curriculum twice
i should have graduated in oct of 2012 but enrolled me in the wrong classes in the first semester of my freshman year
You might be able to use that as well.
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
just verbal announcement
That could be a breach of contract issue.
The lawyer could certainly argue both of those at the same time, the issue with the due process and the breach of contract.
Anything else I can assist with?
so the best thing i should do is hire a lawyer
for a lawyer that charges $350 for initial consultation is that too much
I think in your case that would make the most sense.
are you familiar with the board of nursing?
I am in a couple of states.
does this issue pose a risk in applying for licensure examination
when i talk to a lawyer should i request for reinstatement via negotiation or sue them for monetary damages?
Discuss it with the lawyer because it will probably be a combination of the two.
However, if they will reinstate you and allow you to finish then that is the best.
I dont really have that much funding right now because I spent so much in this school
I understand. You can discuss it with them and they may have a payment plan, etc.
oh ok. that is what I was scared of because I dont have money to pay them upfront
in general how long would this case think?
how long will this case last?
I don't have any idea. Some go really fast and some take a while.
About the use of sex offender profile. i dont really have any evidence of that.
Your testimony is good enough. They may admit to it.
i filed a grievance hearing but they said they found no evidence of harassment during invistigation
It definitely is good enough for the negotiation.
That would probably have turned out different if you had an attorney.
the thing is there wasnt even a hearing. they just asked me a couple of questions on the phone
and that was their grievance procedure
That's the way they usually are unless you force the issue.
what do you mean force the issue?
If you would have had an attorney they would have insisted on an adversarial hearing in person so they could questions witnesses, etc.
i also filed a BBB complaint and with the federal loan complaint
they were asking students to take additional class in order to be qualified for the loan
The BBB thing won't do anything, they have almost no power now.
The loan could.
well i cant really think of any questions right now
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.
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.
You're very welcome.
I'll exit now. Bye!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).