Legal Question in Business Law in California

I attended this university to obtain my Associates degree for its registered nursing program in 2010 and 2011. During the admission interview I had asked the counselor if they used pass or fail tests during the program and was told "NO" but during the second half of the program during my core nursing classes the students were given pass or failed exams after each course. At which time if you failed to meet the pass score you were automaticly failed from the course no matter if you were receiving an A, B, or C grade prior to the exam, but if you happend to pass the exam the grade would be factored into your total grade for the course and if it was deemed it did not give you enough credit to pass the course the school would again fail the student from the course. My complaint is that I was receiving a B entering the (pass or fail) exam and I missed passing by a couple of points in which time the school failed me from the course and was made to repeat the class. I asked to see my mistakes and was told by the Dean that students were not allowed to see the test. I asked in which areas of the subject matter was I insufficient in to cause me to fail and again I was not given any information. I asked for additional help to pass the test and was not given any. To make matters worse the school charged me for an entire quarters tuition (approximately $10,000) for requiring me to repeat a 1 unit course. Can someone please help me? Is this legal what they're doing?


Asked on 1/08/13, 3:58 pm

2 Answers from Attorneys

Robert Kubler The Kubler Law Firm

Read your school policies about grading and appealing the decision. You should do that before contemplating legal action to see whether they were acting in good faith when they failed you.

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Answered on 1/08/13, 8:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd also check to see whether the program is accredited by the state nursing license people and whether the licensing board has any complaint file you can review.

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Answered on 1/09/13, 5:37 pm


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