Student Sues University After Failing Course

Nursing student who failed course twice files federal lawsuit against school

By: Ryan Carrillo

A Misericordia University student is suing her school alleging that she “broke down and wept more than once” during a final exam. The student, Jennifer Burbella of Stroudsburg, says that her professor didn’t do enough to help her.

Ms. Burbella claims that Misericordia University, along with school President Thomas J. Botzman; Cynthia Mailloux, chairwoman of the nursing department; and nursing professor Christina Tomkins, violated the Federal Rehabilitation Act.

The Federal Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by federal agencies. It also provides opportunities for children and adults with disabilities in education, employment and various other settings. Section 504 of the act allows for reasonable accommodations such as special study areas and assistance as needed for each student.

According to Citizens’ Voice:

The suit, filed by Scranton-based attorney Harry P. McGrath, contends Burbella suffers from anxiety, depression and poor concentration.

According to the complaint, Burbella was accepted into the school’s nursing program in 2010. Even before her enrollment, Burbella had an “existing predisposition” that caused anxiety and depression, and throughout her time at the university she “experienced great anxiety as a result of her many challenges, both socially and academically, as well as medical issues with her family,” the lawsuit contends.

An “existing predisposition” that caused anxiety and depression doesn’t sound like she suffered from these illnesses but rather, like any person, sometimes felt depressed and anxious.

Citizens’ Voice continues:

(Burbella) struggled throughout her studies at Misericordia University, but always continued to seek a bachelor’s degree in nursing and appeared to be moving toward that goal, albeit with some average, but primarily below average grades,” McGrath wrote.

In spring of 2014, Burbella failed Functional Health Patterns of Adults IV, a required course that nursing students must pass with at least a C, says the lawsuit, alleging Burbella did not receive any special accommodations that semester.

Burbella claims to have been pressured to re-take the course in a summer session beginning just four days later, and that she “decided to capitulate to the demands of Misericordia University” with “great trepidation.”

 The university accommodated Burbella even further during her final exam. She was allowed more time to finish the test and was able to take the test in a “distraction free environment.” Professor Christina Tomkins even allowed Burbella to ask questions during the exam.

Burbella claims however that when she asked to take the test in the same building as the other students, one of which was another disabled student that was allowed in the same building, she was denied. Also, when she called Tomkins on her cellphone to ask questions there was no answer. The suit claims Tomkins’ “failure to be available to (Burbella) on numerous occasions during the examination created an even more stressful environment for the student, all of which can be verified by Megan Hurley, a counselor at Misericordia University, who witnessed (Burbella) attempting to make calls to Professor Tomkins on several occasions during the exam and breaking down and crying when Tomkins did not answer.”

Burbella did not pass the exam and was unable to graduate with a nursing degree. The lawsuit contends that because Burbella was not treated the same as the other disabled student the university is liable for damages in excess of $75,000.

I’m sympathetic to her dilemma, having known several people who suffer from depression and anxiety. It can be debilitating but in the end they’re responsible for themselves.

The university was more than accommodating to this student and this could easily be resolved by having her take the exam again with a teacher around to answer questions. She doesn’t deserve $75,000 because she failed her course. Exactly how is this preparing her for work life and the real world?

Students are much too coddled nowadays in our schools and while I do feel bad that she is susceptible to bouts of anxiety and depression that doesn’t excuse her for being responsible for her own success.

Leave a Comment