Jennifer Burbella sues school after failing her exams twice, and the story goes viral. According to her attorney, Burbella is suing the Misericordia University for $75,000 because they refused to accommodate her during the exams.
Jennifer Burbella sues the school because her teachers did not do enough to help her succeed her nursing program.
In her lawsuit against Misericordia University, located in Dallas, Pennsylvania, Burbella is demanding $75,000 because her professor did not accommodate her while she was battling numerous mental and personal issues.
Burbella, who is suffering from anxiety, depression, and stress, took the nursing course at the Catholic, co-educational liberal arts university last year and failed.
When she returned this year, school officials promised to give her a distraction-free environment to take the test.
This implied that she would be in the same building as her peers and would be able to talk to Professor Christina Tomkins at all time.
The day of the final test, she was put in a class away from her teacher and was given a cell number for her to call Tomkins.
Jennifer Burbella had a nervous breakdown when she found out that the school did not respect their word. According to the lawsuit:
“When Jennifer Burbella tried to call her professor during the examination and she did not answer, on several occasions during the exam, she broke down and cried.”
Harry McGrath, Burbella’s attorney, stated that his client was seeing the school’s psychologist for her anxiety, depression and poor concentration since 2011, and they were aware that she needed special treatment.
McGrath is using Section 504 of the Rehabilitation Act, which “prohibits programs that receive federal funds from discriminating against people with disabilities” as their primary argument. McGrath added:
“Because she was denied her statutory right to accommodations, we’re looking primarily to have her take the test or take the course over with the accommodations she needs. And if she passes the test fine. And if she doesn’t pass the test, fine, then she has to live with that.”
The school is not commenting on the lawsuit, but a source did reveal that the reason Tomkins was not with Burbella is because she was scheduled to proctor the exam in the other building.
One student named Kevin Collins commented on the story by saying that he does not believe that Burbella can handle the stress that comes with being a nurse, caring for the sick, working long hours and being able to make life-altering decisions on her own. He said:
“If you’re going into a medical program that if you need that certain kind of time, my opinion is maybe it’s not for you.”
The lawyer for Jennifer Burbella replied by saying that there are doctors, nurses, firefighters with anxiety problems who manage their disabilities and function in the workplace. He added that Burbella is not interested in the money, she just wants to take the final exam again.
Jennifer Burbella sues the school, and is trying to make a strong case for people with disabilities.
What are your thoughts on the nursing student’s lawsuit against this university?
This young woman can not be a nurse. She needs to find something less stressful.
I don’t even want to be in the same hospital that would hire this loony. Having many members of my family in nursing, I concur that this is NOT the job for her. She’ll kill somebody for sure while she sues for the opportunity to do so.
AMEN – I do NOT want this chick working my at a hospital.
I agree. She’s suffering from anxiety, depression, and stress. Being a nurse can increase stress and anxiety.
In 1970 when I took the entrance exam for a Diploma Nursing program we had to take a VERY BASIC general test. I passed and was accepted into the program. When my class was preparing to graduate we learned that a group of potential students were brought in 6 months ahead and tutored before taking the test. I was concerned and a little resentful that they needed to be tutored before taking a basic test that high school should have prepared them for. In my mind I told myself, “I would not want any of these students taking care of me or my family/friends.” If this girl can’t take and pass an academic test before taking her RN state boards, then how in the world does she think she can independently care for patients? I understand and agree with the American Disabilities Act that people with disabilities should be given reasonable accommodations but does she think she is going to care for patients and have someone with her so she can handle “stress” or a service dog? I think NOT! She needs to rethink her goal and move in another direction. There are areas in medicine that she can put her caring for others into action and leave nursing to those who can handle the stress. Suing her nursing school because they did not accommodate her to her “liking” gives others with special needs a bad rap. My son has a learning disability but we never used it for unreasonable accommodations and he graduated on time from high school and in 4 years from college, so I think I have an opinion with some credibility. 41 years later I am still an RN and proud that I set myself a reasonable goal that I was able to reach.
The Americans With Disabilities Act Amendments Act Of 2008 clearly states than an employer should respect and accomaded a person with disbalities in the work place.
She has the right to be nurse if she can pass the test.
Job discrimination against people with disabilities is illegal if practiced by:
private employers,
state and local governments,
employment agencies,
labor organizations,
and labor-management committees.
The part of the ADA enforced by the EEOC outlaws job discrimination by:
all employers, including State and local government employers, with 25 or more employees after July 26, 1992, and
all employers, including State and local government employers, with 15 or more employees after July 26, 1994.
Another part of the ADA, enforced by the U.S. Department of Justice, prohibits discrimination in State and local government programs and activities, including discrimination by all State and local governments, regardless of the number of employees, after January 26, 1992.
Because the ADA establishes overlapping responsibilities in both EEOC and DOJ for employment by State and local governments, the Federal enforcement effort is coordinated by EEOC and DOJ to avoid duplication in investigative and enforcement activities. In addition, since some private and governmental employers are already covered by nondiscrimination and affirmative action requirements under the Rehabilitation Act of 1973, EEOC, DOJ, and the Department of Labor similarly coordinate the enforcement effort under the ADA and the Rehabilitation Act.
Are You Protected by The ADA?
If you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don’t.
To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.
If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, you must satisfy the employer’s requirements for the job, such as education, employment experience, skills or licenses. Second, you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.
I would NEVER want a someone like this taking medical care of me !
I don’t want her in the operating room that’s for sure.
And no one wants you in this world.. so tough luck all around I guess?
^a$$hole. I want Timmy in this world; he makes sense of things.
Wow maybe know one wants you in the world, hope u never have issue’s.Remember what goes around comes around.
Don’t you mean *issues*? Ugh, moron.
Anon, you missed where Betty was trying to say “no one” when she said “know one”.
Thats rude.
Timmy’s comment is valid based on the situation….’your demise’ no validation of comment other than just a silly knee jerk reaction to reality
Timmy…..I agree. She shouldn’t be in an operating room….or even in a clinic. Healthcare is stressful. I’m sure she’s qualified for other occupations, just not healthcare.
‘Demise’…..your comment is rude and senseless. Tip: You’ll never get people to take you seriously when you are hateful.
My daughter is a nurse. She had her own problems with some classes. I advised her to seek out an upper classman to tutor her in the classes in which she was having problems, which I paid for. She became an honors graduate. This young woman demonstrates the worst of the traits of the millennials. She expects everything to be handed to her on a silver platter with exertion of minimal effort on her part. As other posters have said, she needs to find alternative work, like flipping hamburgers. She undoubtedly is bipolar. I had an ex wife with that affliction and she too wanted to be a nurse but could not in any stretch of the imagination could have been one. People like this girl cannot even handle their own problems much less help others with theirs.
Why would I wan a nurse that has all the same problems as I do??? I want a nurse, not a support group. Colleges shouldn’t have to make accommodations for such a dangerous profession.
How is she going to pass state boards if she can’t even pass a class final? I think she should pursue other career options.
She’ll be trying to call her professor from the hospital too… School is supposed to weed out those that can and those that can’t.
I understand her side I understand the others side. But im not very sure if shes telling the truth because dont you think if she has been getting treatment since 2011 that the doctor or who ever is working on her would say “hey your to streed for a univeristy” or “Hey i dont think that big of a crowd would be healthy for you”. Any who I personally think she would be better of as a librarian.
Librarian would be so ideal! Yes! You can stil help people, but its not stressful.
lol
If she can’t deal with the stress at test time, how in the world does she think she can deal with any emergency as a nurse?! She needs to find another profession…say, a librarian where it’s quiet at all times!
Is she going to ask for special treatment on the hospital floor too?
Jennifer, please try another career with less stress.
She wants to take it again for a third time because she FAILED twice? Because she couldn’t get help during the exam? Sounds like a spoiled brat. Would you really want her to tend to your parent or child IF she were to get a nursing degree? I certainly wouldn’t. She has proven she can’t handle pressure as well as stand as an independent individual. Sounds like someone forgot to cut the umbilical cord long ago. I bet she runs her parents household.
Wow that is a really good reason to sue a university. I certainly agree on the reason she suing the university.
Just let me know where she will be so I can make sure I stay far from any doctors office or hospital she would be working in. She may be able to empty bedpans but that too is in question… the world needs ditch diggers too…
Nursing isn’t for this lady. She probably doesn’t even want to be a nurse, just wants to be able to meet a doctor somewhere…
WAY too entitled. I hope she loses, and she’s forced to pay the University’s legal bills.
The medical field is not for you, dear. Accept it and move on. I battled depression and anxiety for 20 years and went through several careers before I found one that matched my personality. It can be done.
Another good example of the problems in America – blaming everyone because you can’t cope with everyday life. If she’s too stressed to take an exam, she shouldn’t pass – nursing is stressful. When I read the headline of this, I thought “Oh she is disabled, I wonder if they didn’t let her take her seeing eye dog into the exam or something…” But, no, no… she suffers from “Stress”… That’s a disability now?
I think Miss Burbella should explore a different career path. If you can not manage the stress to answer a test question correctly within a certain period of time, then you probably shouldn’t be making like or death decisions on the spot. A patient who’s coding is not going to wait to die until she can get “accommodated” enough time to make a decision in the face of an emergency.
This is absolutely ridiculous! Suing for failing a test, twice!! This woman has no business being a nurse, ever!! With her emotional issues, is she going to sue someone every time there’s a problem with a patient?? Nursing is an honorable and difficult profession that deserves respect. If she failed the exam, she needs to deal with it and move on to another profession, period! Good grief, what is this world coming to??
As a registered nurse myself, I understand the difficulty in passing the final exams in school, as well as the state boards to be licensed. I have worked on mental health units, and have complete empathy for those with mental illness, however; there are some jobs that should not be held by people with particular mental or physical restrictions in their lives. There are numerous medical personnel that are very good at what they do, despite their mental illness. These people however, were able to pass their final exams and ultimately their state boards. My compassion towards this young lady in having mental impairments does not outweigh the fact that should she be able to pass this exam with special accommodations, she’ll never be able to safely practice within this field. Their are no special accommodations available while working as a nurse – it’s just not reasonable given the atmosphere. People failing a test is a natural order of removing those not able to perform within a field. As a society, we are heading down a very slippery slope if we do not start saying “no” to people.
Yep, a child of a greedy republican ends up being a greedy republican? Go figure.
@Your Deminse – ??? what are you talking about. What does this have to do with politics. That’s probably the most asinine statement of the day. And based on your obviously poorly education in your response to Timmy if she can’t handle a simple classroom, you really think she can handle a medical procedure or life and death situation et al. I tell you what you take your obviously left thinking and go have her work on you and your medical needs. We will take more competent people. This lawsuit is a joke.
Who is a republican, and how do we know that?
Really? Grow up, that goes for you and Jennifer Burbella.
This has nothing to do with political affiliations, but since you took the first shot, she sounds more to me like an anything goes liberal that doesn’t want to be accountable for her failure and has to blame someone else
It’s not the Republicans that demand accommodation for every little ailment. My guess is she is solidly a leftist and therefore, not mature enough to be a nurse.
A greedy republican? Republicans don’t and whine about stuff like this. Liberals are the ones who demand special treatment and then bitch about not getting what they want. She failed. Demanded special treatment. Got special treatment. Still failed. And is now suing because she wasn’t treated special enough. Sounds like your typical liberal logic to me.
Spoken like a true libtard. This is an issue of entitlement and that is definately a democratic/liberal mentality not republican. Now you back under your bridge called youtube troll.
Where does it say she is a repub? If anything she is a Democrap. Crying about things not being fair. If she was a minority we would have riots in the streets. With Al (Tax Cheat) Sharpton leading the march.
right…to many of us, it looks more like a democrap that is used to entitlements and puts a fit when stuff is not giving to them for free.
hmm.. I was thinking she was a lazy democrat that felt she was entitled to get something she doesn’t deserve…. Could go either way I suppose.
Project much?
Yea, Republicans are always asking for a hand out…OH wait thats you bleeding heart liberials…..This girl is looking for the easy way out, she must have voted for OBAMA>>>>
Yes, liberals always asking for a handout… no wait, actually go look at the numbers. More registered republicans get government assistance than democrats. Hell of the top 10 states that get the most federal aide 9 of them are Republican states.
Wth does this have to do with what political party she supports? Those of you making remarks about that are ignorant and should probably go back to school and get “edumacated.”
her lack of personal responsibility is a characteristic of followers of the Democrat Party
You are both wrong, her suit isn’t indicative of any particular party but rather the current state of affairs with both our society of giving everyone a trophy for simply participating and higher education. This is life and there are winners and losers. The mental capacity to understand and grasp the material must be there; I’m not saying you have to be a genius but the capacity must be present.
I can’t imagine the precedent this will set if she wins her case. People battling to be lawyers and doctors can sue for their LSAT and MCATt scores or sue their schools too…….I’m sorry for the future of America.
I could not agree more! Kids these days are not allowed to fail. If they never fail, then they will never acquire the desire to do better.
I agree with your assessment. The noble idea behind accommodating help for those with disabilities has been twisted and perverted into ridiculous cases like these of entitlement minded individuals and the unscrupulous who profit by supporting this lunacy. I fear there is little hope of righting the ship that is the USA without radical change and I just don’t see that happening. And for those of you who are ready to pounce, here it is…God help us.
I would not want her in the operating room either. The school should have realized this shortly into her education and corrected the issue. They chose to accommodate her issues, probably for the tuition $$. As they say; you make your bed you lie in it – good luck and see you in court!!!
I am a nurse and if the stress of exams is too much for you young lady then you might want to consider another field of work. Think about the lives of your patients when they code. Will you have a nervous breakdown when someone says “i’m having chest pain” and codes on you? will yousue the doctor that doesn’t answer his phone when you need orders clarified? You have chosen one of the highest stress leveled careers there is. I hope you can manage and get your license because its also one of the most rewarding.
She really needs to find another career. Taking tests under pressure is just one example of job stress. Maybe she should consider domestic engineer. Was that politically correct?
here’s you thesis statement: “Due to the cost of going to college if the degree earned from a college/university cannot or does not guarantee gainful employment at said college/university it is not worth the cost paid and does not warrant any repayment.”…
still waiting on the zombie apokolypse
If she cannot handle the stress of exams due to her “issues” then she cannot handle the stress of being a nurse. School officials promised her a “distraction free environment”but only implied that the individual promised would be there. Is there an IEP or 504 plan documented saying that someone would be there? As for the lawyer, yes there are nurses etc who manage in the workplace with these issues but obviously she is NOT managing and needs to get them under control before trying nursing.
you are not cut for it. quit being a nurse!!! don’t even try.
1. When did mental and personal issues become a disability?
2. Due to the nature of nursing, why are mentally unstable students allowed to pursue that line of work?
I REALLY don’t want a mentally unstable person, nor a person who can’t separate personal from business, in the operating room with me.
If she has already failed the test twice and feels that she can’t take the test unless the professor is holding her hand then she needs to get her mental problems solved before going any farther in school. The college is not responsible for meeting the imaginary needs of every spoiled whining brat in their hallways.
This is a perfect example of someone who has an entitlement mentality. I cannot earn what I want on my own so I want someone to just give it to me. Who I really feel sorry for is the company that will someday mistakenly give her a job. She will end up costing them a fortune.
This woman is a moron. A lot of students have a hard time with “personal issues”. She is basically black mailing the school. Either you pass me, and let the teacher give me all the answers to the test, or I’m going to sue you and bilk you for a lot of money. Someone should’ve told this BRAT no before now. Perfect example of how parents need to stop coddling their children and tell them NO.
this is a case of a spoiled child that is not being GIVEN what she wants, if she has that much stress taking a test, she certainly isn’t going to handle the stress of being a nurse. I as a patient wouldn’t want her handling me in any situation in a hospital, etc. As far as suing for a new test, she took it twice, wouldn’t you think she would have figured out what was on the test the first time & re-studied that info for the second test. Besides that I wasn’t allowed to ask my professor questions while taking a test in college, why should she?
She needs to get herself together. It is not for others to do. If the school made reasonable accommodation for her, the rest is up to her. The nursing profession is rife with stress and sadness (very often. A depressed, anxious nurse is not the best candidate for caring for others. She needs a doctor or psychologist, not a babysitter at a school to cater to every need. When you take an exam, there are not many questions the professor will answer anyway.
Im glad she failed. If you cant handle stress then you have no place tending to patients. It would be a tragic comedy if she was a nurse. It would be a great movie or show however. The patient comes in bleeding and hysterical after being stabbed and shes like “sir your stressing me out i gotta take lunch, dont bleed out while im gone.”
if you can’t pass the test, you can’t pass the test. that is all there is. There is no, I am special so do me a good one. that does not fly. Not everyone gets everything. If you can’t go to school without having a break down. Then YOU need another type of learning. OR a job. Why is it the schools fault YOU can’t go to school without falling apart? no this is not the schools fault. the teacher has more than one student to teach. To think that you can call the teacher on the phone anytime you want or as many times as you want is wrong. You need to study for the test and do it. If you test badly (as I do) then maybe you can have help with that some at the end. but not calling during the test.
Having been in nursing for years, this woman should not be a nurse. There are doctors, nurses, firefighters who suffer from anxiety and depression…after they’ve been in the job. They didn’t use this as a crutch before they got a job. There are some professions you shouldn’t get into if you can’t handle stress…life and death is one of them!
If this person becomes a caregiver and has an issue that she perceives to be her fault resulting in the death of a patient then she will be destroyed. She should be saved from herself. Nursing is among THE TOUGHEST
Yes, time for another vocation……..
Time for little one to suck it up. I failed A&P twice before I took measures to get assistance. I have completed three combat tours and I wonder what stress level, depression and anxiety that trigger these for her.
I have been a nurse for 43 years and yes still practicing, if this young lady cannot pass this test without a “nervous breakdown”, I cannot even imagine what will happen when her first patient dies from bleeding to death. (I had one when I was new, I had nightmares for weeks). Or if you have multiple cardiac arrest patients in a shift, it happens. Maybe, she’ll take a slightly safe job of being an instructor where she will just have to deal with everyone elses disabilities, just saying….
The nursing board and hiring companies or HR firms like Group1 Need to go ahead and get her on the no hire list nationally.
This girl now needs to prove beyond all doubts that she is now super girl before she is hired.
If college, and exams are too stressful for you, than just admit it, and own it. College isn’t for everyone. If it was, there would be no one to work the drive-thru at Burger King!
s sure beats working did they tell her that they would let her cheat her hole life
If this young lady can’t handle the stress of education and exams, forget being a nurse (this from a retired nurse). Nursing is one of the most stressful jobs she could ever think of trying to handle. There are very few days you are not faced with stressful situations and it takes a special personality to mentally switch to, what my son calls, NURSE MODE. I would consider this a frivolous lawsuit.
Spoiled brat! I wish I were given a second chance on some tests.
Don’t want her near me or my family in a hospital. What is she going to sue for after she fails the next attempt??
As a former college professor, this situation is all too familiar, except instead of just demanding special treatment, she is using “disabilities” to con it out of the school. What ever happened to just working hard for your education and not expecting everything to be handed to you. This is not a civil liberties case, its a case of a spoiled girl having been catered to and then experiencing the real world.
The school has been more than fair w/this student. I wouldn’t want her as my nurse under any circumstance. She needs to find a different kind of work where her problems won’t interfere w/her performance.
While I sympathize with Ms. Burbella’s medical condition, the real question/issue is how qualified she is, given her fragile state, to provide competent medical care to patients?
This is a ridiculous lawsuit and just another reason we need to stop allowing people to sue for anything. Every kid in the world suffers from anxiety at times in their lives, Every kid gets depressed and every kid gets levels of stress at times elevated, especially all three when taking an exam that is obvious she did not prepare. If she passed, there would be no lawsuit I would be willing to bet. Did she gets special treatment throughout the course ? separate rooms to study when this depression, anxiety set in ? Dunkin Donuts is a stress free job and pays enough to buy food, nursing isn’t your thing young lady
Dear Jennifer, as a nurse I support people with disabilities.In your case I have to say you are lucky you failed your exams. I don’t mind your anxiety or depression,but your poor concentration bothers me. As a nurse you need to concentrate a lot. The right medication for the right patient,the right injections. As a nurse you can not make these mistakes. It could cost somebody’s life. You do not have only one patient,you will have more. Some can be very demanding, which is no fun, but you have to keep tour cool. There are also emergencies you have to deal with right away. What are you going to do? You can not say that you could not help because of your disabilities, Honestly Nursing is not for you. Do something else Good luck
Well said!
stress anxiety and depression problems and she needs a separate room and more time to be able to take her tests?? does she think shes gonna be able to tell patients to give her more time and help them from another room while theyre bleeding out because theyre stressing her??? what kind of idiot choses that job with the problems she has.
Seems like this young lady would be better served getting her issues dealt with first and then trying to be a nurse. It’s also possible that, as others mentioned, that she just isn’t cut out to be a nurse. Pretty much everyone has something that they would love to do, but they just don’t have the ability. Or maybe I should sue the NFL since it’s clearly THEIR fault that I couldn’t make it to that level. LOL.
To all other comments:
Who said she would be a nurse even if she does pass the test? Just because you pass a test does not make you employed (i.e., a nurse).
The point is: she needs to be given a fair chance to pass her test given her current mental state.
The point is not: where will she be after a retake (pass or fail)?
They gave her a fair chance. They said: “school officials promised to give her a distraction-free environment to take the test.” Logically that would be away from other people. She was given that. It may not have been what she wanted, but they did try to help. However, if you already went throught the test the first time and had negative results, wouldn’t you specify what you would need the second time around to get a better result?
For example: hey last time people’s cell phone kept going off. Okay we’ll provide distraction free setting. Un huh, so are you going to have people turn in cell phone at the door? No, we’ll make sure phones are set to vibrate or off before we start. Oh Okay! That works!
Also what kind of exam lets you call the teacher for answers!
Nursing is the worst job she could have picked for her fragile state of mind. It is
takes everything you can give physically, emotionally, and mentally. Med errors can happen in a split second if you are not giving the task at hand your complete attention despite all the noise and drama going on around you. One has to establish pleasant working relationships with other nurses, supervisors, doctors, patients, and patient’s families. It takes someone with skill, mental and emotional intelligence, physical endurance, compassion, and a very stable sense of self to do this work safely and correctly.
Ya know everyone wants something for nothing, The lawsuit is BS, and this girl does not need to be a nurse if she cant handle a test. Schools graduate and pass 1000’s of students every year, so what makes her so special. I have failed test before, it means get it together and try harder. The judge just needs to throw it out. Know were going to here about these law suites all the time, thanks alot.
Send her an email asking here not to be a Nurse. You could be her patient one day. Plenty of other jobs better suited for her condition.
jenniferburebella@yahoo.com
I really hope thats not her real email, because if so thats just cruel. It’s obvious the medical field wouldn’t hire her. Why have people bombard her email?
I hope the school files a return defamation suit in response to this tomfoolery. A counter suit based on the potential negative response and reduction in enrollment due to this women’s inability to perform and
Be she a democrat self entitled cry baby, or a republican ignorant blow hard… neither is important. SHE IS INCAPABLE!
I’m sure you a re a nice person Jennifer, but perhaps you are not suited for a position in the health care industry. If you crack under pressure and must be isolated to accomplish tasks…how do you expect to perform when people are dying in front of you?
What about in an emergency/operating room when something goes wrong? will you cry because the doctor yelled at you to run and get something?
will the stress of another person’s life in your hand cause you to break down?
This is a product of the American Education system and no child left behind. Everyone things they can be whatever they want…but that is not true. I’m short slow and not very athletic, no matter how hard i try there will be those who excel beyond me.
Just Like Keyser mentioned the NFL, it is an elite league…should every rookie who goes to training camp and doesn’t make the cut have the right to sue?
I will remember your name Ms. Burbella….and if you happen to be my, or any of my clients’, nurse in the future…. I’ll be sure to sue that medical facility for hiring you in the first place. At least I’ll have a case
Lucky for her she failed- and for the public. She would not be able to do the job. So, it seems the test served its intended purpose- failing somebody incapable of providing the very service it was designed to test for…
Seriously, how can she be a nurse? Thank God she failed before she became a nurse and killed someone.
sure, sure, and I bet her lawyers are working on the case pro bono. Will shakespere had it right when he said ” first we kill all the lawyers” or something to that effect.
The last thing we need in healthcare today is a nurse who can’t handle stress. Sorry Ms. Burbella but, I think you need to pursue a less stressful job path.
And she wants to be a nurse (taking care of someone in my family in the middle of the night with limited staff and patient has a medical emergency)? Not my family! And yes, I am a RN.
Talk about stress. If she can’t handle her own stress under control circumstances, she needs to find other work. Something that does not deal with peoples lives. All nurse jobs have physical and emotional/mental stress in some degree at certain times times. Time management to get everything done within a shift or deadline is inherent in almost all nursing jobs. Not to mention multi-tasking and detail oriented and ability to concentrate on the task (s) and patient(s) she would be responsible for.
Crying about a test! “There is no crying in baseball AND NURSING!!
What makes this girl more special than the thousands of other college students that suffer the same afflictions? However, there is an alternative. Send her happy a$$ to boot camp then train her to be a combat medic.
Yeah, I’m sorry to say it, but this girl doesn’t deserve any special treatment if she is pursuing a professional degree. Being a nurse is one of the toughest and most stressful jobs in the world. Shoot…if you can’t take a test in a classroom without freaking out, you had better not step foot in a hospital or ER anytime soon. There are lots of jobs out there that are far less stressful and still enable you to help people: librarian, charity director, professor, etc. The medical industry is not for you though. Also, why does she think she deserves special treatment anyhow? You have to work hard in this world to get what you want. You can’t expect anyone to hand you ANYTHING on a silver platter. I hope she ends up getting counter-sued for wasting everyone’s time. Good riddance.
As a RN, this kid doesn’t belong in nursing. Nursing school was no where near as difficult as my first year working on a busy postop med/surg floor.
Trust me, I had stress while in school. I was working fulltime and was the sole income providing for a family of five while going to school. A few weeks into the first semester of the nursing program, I got laid-off from my job of 11 years. I took a job making half of what I was previously making assuming in less than 2 years I hopefully be hired as a nurse.
This time, as stated earlier, was nothing compared to my first year nursing. And for the record, I also spent time in the USMC.
I hope the judge throws this suit out. Jennifer needs to find a different career choice. And her parents need to quit coddling!
When the Institution said they would make accommodations, it IS NOT automatically implied that the student would be near the professor and have immediate access to the professor! I started a Respiratory Therapist training program at a local college in the 1980’s. I DID NOT PROVIDE EXTRA CREDIT WORK. I always told my students (AND their parents sometimes) who wanted ‘extra credit work to pull up a grade’ . . . “we perform live saving procedures and invasive procedures; would YOU want to wake up on a stretcher in the Emergency Department and know that the doctor or nurse working to save your life got through medical/nursing school only by extra credit work?” I seriously doubt it! I also resisted giving special accommodations because in the real world, the employee will NOT be receiving special accommodations during a code blue ! ! !
We are a “Sue Happy” society. Very sad. THis young lady needs to think about a less stressful career and not place blame on others.
As a Vocational Rehabilitation Case Manager and a previous educator, I can attest to the fact that many people get stressed and suffer anxiety during test taking and yet function well in the rest of their life. This young woman may or may not be fit or qualified to be a nurse but I do believe that she should be given appropriate accommodations to retake the test and then live with those results. As the comments of her attorney stated, she is not after the money, just after an equal playing field.
I often advocate for my clients to have accommodations (appropriate with their disability) and the colleges I have dealt with have always been accommodating and most accredited colleges actually have a staff person who facilitates those accommodations.
I hope the lawsuit is thrown out. Welcome to the age of entitlement! There’s a whole generation of Jennifer’s out there.
NEWSFLASH! Sorry that your parents didn’t tell you….the world does NOT owe you a damn thing. Quit whining.
Put this 2 yr old idiot back to her mother. When she grows up and learns how to take accountability for herself, let her find a job she can handle. Apparently there will be very few. Tell her to try McDonalds. I’m sick & tired of these kids. Tell them to grow the hell up and get a life on their own & to stop wasting my time!
While it’s too bad about her personal problems. As a potential patient I don’t want someone who can’t handle the stresses of a written exam potentially needing to handle the stresses of my health, well being, and/or life.
What is this mentally unstable woman doing trying to get a nursing degree? If she can’t handle her anxiety, stress, and depression, what good will she be to people who need her help? There are some crazy stressful situations in the healthcare field, and how on earth is she going to deal with that if not being able to get a hold of her teacher makes her have a nervous breakdown? I also don’t think it’s fair that colleges should have to accommodate people like her for something they need to address and take care of on their own. They are adults, after all, not high school kids. I am high stress and have horrible anxiety, but the most I ever asked of my professors was if I could sit at the end of an aisle or near the door in case I had an anxiety attack and had to leave the classroom quickly to compose myself. I never asked for special treatment. I took my tests just like everyone else and they sure as hell stressed me out, but I dealt with it, and I managed to succeed. This woman-child needs to stfu and find another career choice that is more suitable for her. She is clearly not cut out for the nursing field. It would be unsettling if she were to be hired to work with patients in her state of mental UNhealth.
I am a non-traditional student who has returned to college after 25 years and with a head injury. A plan was worked out through disability services that allows for reasonable accommodations. I still had to take several tests twice to pass.
If her plan wasn’t followed, then she should be able to retest. (There’s no guarantee that she will pass. Accommodations just levels the playing field.) Passing the boards and interviewing well still has to be done before she lands a job – and nothing says that will happen either.
her attorney must have been out on the day they covered legal maxims in law school. ‘ipso facto’ you don’t give a drivers license to a blind man.
I am speaking here as both an interested individual AND as an educator. My husband was diagnosed bipolar several years ago. On one particular doctor’s visit, my husband was talking about his diagnosis with the doctor, mentioning to him that he was worried his bipolar, ADHD, and dyslexia might get in the way of him performing in a new career for which he had gone back to school and was attending a university. The doctor told him that he knew, off-hand, several people in the medical field with similar challenging conditions, and they were doing well in their professions. As he mentioned, “We are human, too.” So I see nothing wrong with Ms. Burbella continuing he nursing courses in that respect. Especially considering the fact that, should Ms. Burbella pass her academic requirements and make it as far as working as a nurse, the hospital will not just shove her out onto the floor to sink or swim. She will undergo practical training; if she’s not fit to work with patients, they will know then. She could still use her training to teach.
As an educator, I can tell you, first, the accommodations she requested are standard for students who need them as prescribed by the ADA. Her school has broken the requirements set forth by the ADA. Her instructor could have easily scheduled her exam at a time where he/she was not required to proctor the other students.
Second, I have had students in the past who have severe test anxiety. Their performance on an academic exam was not a true measure of their knowledge and abilities. Once again, I point to the fact that she will get practical training, during which professionals in the field will be able to determine then if she has an aptitude for that profession.
Stop already:
If this lawsuit is allowed then schools will be more likely to pass everyone in fear of getting sued by people
How about the courts stop entertaining frivolous complaints by people who do not want to take responsibity for mastering the requirements put in front of them.
You think college is expensive now, wait until this type of garbage lawsuit starts taking hold, and they will if she gets any money out of this farce. It will cost $250,000.00 a year to attend so the colleges and universities can protect their selves from this type of crap lawsuit.
Secondarily, this girl is making a joke out of everyone who actually has a disability of any kind.
In closing, Jennifer, if your reading these posts, hear this. Your parents have probably spent your entire life telling you how special and wonderful you are so as not to damage your self esteem. I hate to be the one to burst your bubble, your just another one of billions of people on the globe. Your nothing special just because you exist. You want “real” self esteem instead of the phony line your parents gave you? Then set a goal and actually put in the required work to achieve it instead of whining because it wasn’t handed to you. That means that sometimes you will fail at something. Maybe because you did not work hard enough or maybe because you just aren’t the person for that particular goal or maybe just bad luck. Whatever the case, you get up, dust off and work at it even harder going forward. When you do succeed in reaching the goal, or not, you will have real self esteem because you will know that you gave it every honest effort and put in the work to achieve the goal.
I’m not sorry but, all of you who are being so judgmental on this poor women need to knock it off. I am a Veteran with over 12 years of experience as a medic and I saw some things that caused me to have PTSD. However, I still work in the medical field because, I went and sought proper treatment and therapy for my anxiety problems. I think the key point here is that mental illness, anxiety, depression, etc… are medical symptoms that with proper treatment can be greatly minimized or reduced. In addition, a majority of the population in the U.S. will experience major bouts of depression or anxiety at some point in their lifetime. I’m pretty sure that a fair number of you who have posted comments fit in this category. You cannot discriminate against people who are suffering from various forms of mental or physical disability. I could just as easily state that some of you may be bankers and I wouldn’t want you handling my finances. Because, you may have a mental illness and invest all my into the wrong stocks and I lose all my money. If we are going to start tit-for-tat then unfortunately almost every single one of you who have posted a comment; this rule would apply to you as well to various degrees or another.
Waaaa! Waaaah! Life is hard, I need my hand held…Boo freakin’ whoo.
Ok what is next is to sue the state for not giving her a license to practice. DUH…… been a nurse for 20 years and saw people taking boards for the fifth time. I passed the first time.
Its a different world out there, apparently.
Many people in this comment section, have stayed in their own shoes, and judged from the outside.
This person regardless of what or who, was guaranteed an accommodation…
No matter what you think of this article, her “disabilities” focus around learning, trust, and rights… I don’t care of it was a test to be a Garbage collector… her ability to perform a task is not connected with her fears…
Oh, she’s bad at taking tests… she must be horrible… easy for anyone to speculate…. but think back to a time in your life where you were promised something you needed, and then got taken away…
You can relate this back to many things in your own lives.
For example say you were having a party, and you were in charge of getting the balloons… but you got a flat tire on the way to get them… does that make you a poor planner.. you EXPECTED your tire to do what you relied on it for.. but form some reason it was damaged.. does that make you a bad cook??
Sit back and remember the quote many here should refer to…
but Metallica made it sound way more important in theory song..
“JUDGE NOT, lest the be judge yourselves”
Anyone here is just as human, and may have been in a similar situation… Just change the nouns and you can probably inject yourself into the same article…
ALSO, who says this reporter is any good.. may have left out a load of important details..
Be good, and awesome… but don’t be an axx.
She’s not worthy of being a care giver….she needs to find a different kind of job