One student may have come up with a foolproof plan to passing a test; simply fail the exam twice and then sue the school for having failed. Why didn’t I think of that? Pennsylvania nursing student Jennifer Burbella is suing Misericordia University after she twice failed an exam needed to pass a course. Her lawyer says that the school did not properly accommodate her disability; anxiety, depression and stress. According to the lawsuit Burbella called to her professor several times during the exam but he ignored her requests, resulting in her breaking down and crying. She is seeking $75 thousand dollars in damages- and the chance to take the exam for a third time.
Her attorney cites the 1973 Americans With Disabilities Act as precedent for the case, saying that the university did not do enough to accommodate her situation. He also says that her conditions would not prevent her from being a nurse. Apparently working in a hospital with life and death situations does not quality as anxiety inducing or stressful.
Hero to students!
Her lawyer says:
“I think many people suffer from anxiety, depression, and those types of things who are doctors, lawyers, nurses.”
On the one hand maybe it IS the fault of the university! The school that she was paying to teach her failed to teach her the way she needed to be. One of my favorite scenes from that Oscar winning film The Last King Of Scotland is when the evil dictator played by Forest Whitaker tells his advisor that he should have told him something that he actually DID tell him. However it was the guys own fault for failing to convince the dictator. It’s some great twisted logic! “But you did not persuade me!”
So do you think it was fair for her to sue the university?
Should students be able to sue for failing?
Follow Phil Haney on Twitter @PhilHaney
Source: Fox 13 Now