The Wenatchee World Online
Nursing student sues WVC
By Rachel Schleif
World staff writer
Posted June 25, 2008

WENATCHEE — A former nursing student is suing Wenatchee Valley College for trying to kick her out of the program less than a month before graduation last year.



Sydney Hills-Lund's attorney says school officials believed Hills-Lund was intoxicated during a phone call with her nursing instructor in May 2007.


Hills-Lund says she has a medical condition called myasthenia gravis (MG), which is a muscular disease that can affect speech, and that is why her speech was slurred during the conversation.


Hills-Lund filed a complaint in Chelan County Superior Court in April claiming that WVC's discipline against her did not follow state law or college policy. She also claims that the college denied her right to due process and breached promises made in the student handbook.


The complaint stems from an assignment, which Hills-Lund believed she passed. Every Friday, Michele Moseley, an instructor contracted by WVC from Central Washington Hospital, met with students to discuss whether students passed or failed their clinical skills tests. On May 18, 2007, no students failed, Hills-Lund said, according to court documents.


On May 23, 2007, Hills-Lund called Moseley to tell her she'd be absent from class that day. Moseley told Hills-Lund she failed the assignment, according to court documents. That night, Hills-Lund called Moseley again to complain about how she'd been treated.


Hills-Lund claimed Linda Visser, former nursing director, called her the next day to discipline her. Visser denied disciplining Hill during the phone call, according to WVC's response to the student's claims filed June 6.


Walt Tribley, director of allied health and safety, and Visser met Hills-Lund a few days later and told the student she was dismissed from the nursing program. WVC's lawyer, assistant attorney general John Nicholson, refused to disclose the reasons for her dismissal because student files are confidential, he said.


In court documents, Hills-Lund claimed WVC told her she'd have to enroll in a substance abuse program and petition the faculty in order to be readmitted to the nursing program.


"They accused her of being intoxicated (during the phone call with Visser) when she was not, she was suffering symptoms of MG," Kane said. Hills-Lund claimed the perceived "drunkenness" was the result of MG's effects on her speech. Kane said she did not tell the college about her condition prior to the accusation because she did not want to be treated differently.


Kane said WVC also barred her from taking finals, but then allowed her to test after she'd hired a lawyer.


WVC eventually allowed Hills-Lund to graduate on time but made the decision too late for her to attend graduation ceremonies and the nurse pinning, both in June 2007, Kane said.


Hills-Lund has asked the court for an undisclosed amount of money in damages plus attorney fees, according to the complaint. Her lawyer, Scott Kane, said she also requested money for lost wages from May until fall, when she was hired as a nurse in Quincy.


The college's board of directors last week voted to legally defend two employees named in the lawsuit — Visser and Tribley. The lawsuit also names Moseley as a defendant. Nicholson said he expects to represent Moseley too, but the paperwork has not been finished.


WVC denied wrongdoing and said its employees acted in good faith, according to the college's legal response to the complaint. Both sides said they'll spend the next several weeks gathering information to prepare for a trial, which has not been scheduled.


COMMENTS

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As a fellow myasthenic, I am appalled that nursing instructors would not understand that slurred speech is a symptom of myasthenia gravis (M.G.). They flunk the test on knowing this medical condition.

Few people understand myasthenia gravis so patients often do not reveal their condition. It is a privacy issue. They are often treated differently because they have M. G.-and it's often a negative differently.

To learn more about M.G. see http://www.myasthenia.org

The above comments show how little understanding of myasthenia gravis exists.
Donna W | Jun 26, 2008 3:35 pm | Request Removal
At first glance, you have to think there is something more to this story than simply slurred speech on a telephone conversation. How can you possibly positively ascertain intoxication or even alcohol consumption at all from a voice on the phone? You can't! You can suspect it, but that's far different.

But then again, the college did let her graduate on time, which does go a long ways in making it appear that the college's representative's were wrong in their initial determination, otherwise their "expulsion" should have easily withstood the legal challenge.

I'm not sure what sort of monetary damages are due here, but the folks from the college who kicked her out of the program based on a phone call probably need some sort of suspension themselves!
Kevin L | Jun 26, 2008 1:15 pm | Request Removal
1. Never; but she should have told them about her condition. She didn't, so now she sues.
2. She called to say she was going to miss class that day and the instructor thought she as drunk and that was the reason. Read the story.
3. Ask the instructor
4. Ask the college
5. I would gladly send my kids there, and tell them to let the instructor and college know of anything that may prevent them from completing the course.
Wenatchee Transplant | Jun 26, 2008 7:14 am | Request Removal
I have several questions:
1. Since when does a person with a disability have to report or announce the disability to be treated with respect?
2. Is it illegal for a student to drink on their own time? I understand that she was not in class when she spoke to her instructor.
3. Did the instructor verify the facts or assume the worst?
4. Have any other students been barred from completing their finals or degree because they were suspected of drinking when not in class?
5. If this is the way our local college treats their students, would you want your child to go there?
Brewster Wa | Jun 25, 2008 2:07 pm | Request Removal
She should have disclosed the facts about her condition to the college. So she graduated on time, but was not able to attend graduation or the pinning. Oh for Pete's sake. Get off the pitty train lady and move on!!!
Elgin Shaw | Jun 25, 2008 1:08 pm | Request Removal
Okay, so I can see perhaps missing the graduation ceremonies and nurse pinning as some type of damage from WVC's actions, but I'm having a difficult time getting the 'lost wages' claim. She still graduated on time; did the emotional distress prevent her from looking for a job?

I have attended several colleges/universities and all had some sort of way to inform the instructors/faculty about a medical condition that may impact a student's ability to complete the coursework. Shame on her for not telling WVC and assuming they would automatically discriminate.
Wenatchee Transplant | Jun 25, 2008 11:55 am | Request Removal
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