The dismissal of a lawsuit brought by a former nursing student against the college and a nursing instructor will stand.
IVCC attorney Jim Zuehl said Alicia Dunn’s attorney informed him that Dunn does not intend to appeal the dismissal.
In June 1998 Dunn, who had failed a nursing course, filed a lawsuit against IVCC and nursing instructor Bonnie Beardsley.
Dunn’s original suit was struck by Judge Lewis James Perona in the Circuit Court in October. She then filed an amended complaint. In February, Chief Judge Robert L. Carter of the 13th Judicial Circuit Court dismissed her amended complaint.
Following that dismissal, Dunn could have filed at the appellate level.
INSTRUCTOR COMMENTS
Following the official closing of the suit, Beardsley released the following announcement to the Apache:
"In teaching clinical nursing, it is my responsibility to guide students in the development of their professional nursing skills. Selection of clinical assignments provides the opportunities to develop the competencies necessary for safe nursing practice as future graduates.
"Applying the classroom theory, the student is evaluated on development of psychomotor skills, exhibiting decision making and organizational skills, as well as, behaving in a professional manner. As faculty, I am expected to make judgements and decisions about the ability of students to satisfactorily meet the objectives of the clinical experience.
"When students are unable to meet the objectives in a satisfactory manner, it is my legal and ethical responsibility to recommend denial of academic progression. The Nurse Practice Act exists in all states to regulate nursing practice and nursing education. As a licensed nurse professional I am held accountable by society to prepare competent, safe practitioners.
"Successful graduation from the nursing program should indicate the student has achieved all the competencies necessary for safe practice. When providing clinical care, nursing students are legally accountable for providing the same standard of nursing care as a registered nurse. Patients have the right to expect that the students will deliver safe, quality care.
"In addition, professional standards of practice and codes of ethics have been developed by the nursing profession to guide nursing practice. Students and faculty are expected to adhere to these standards and ethical codes.
"Both the clinical facility and the registered nurses in the clinical setting are responsible for the quality of patient care delivered by students under their supervision.
"Clearly outlined procedures are provided to ensure that all students are provided ‘due process’ when it comes to academic decision. It is imperative for the student and faculty to follow procedures that protect students and themselves from unfair decisions and practices.
"A decision to fail a student, either clinically, or in the classroom may result in the student’s dismissal from the nursing program. As faculty, I recognize that most students have invested much time and money in pursuing a nursing education and that, for some, becoming a nurse is a long held career goal. Therefore, the decision to fail a student is one that is never taken lightly and carries with it empathy.
"My advice to students is, follow the correct procedure with the appeals process, work with your instructors to improve your delivery of practice, don’t retaliate with anger. There can be no winners with this approach in nursing or in life."
April 8, 1999 the Apache