Failed an Exam? See You in Court

From Overlawyered

 

27-year old former nursing student Nicholas Perrino is suing Columbia University to overturn an "F" he received after missing an exam:

Nicholas Perrino was kicked out of the Ivy League institution's School of Nursing for missing an exam, and now he is suing to get back in.

"I should have went to Yale," moaned Perrino, who is representing himself in the case.

The 27-year-old Illinois native said he was working toward two master's degrees last summer, when his grandparents became gravely ill, forcing him to take a few days off.

He told his instructors he would be absent for a skills exam and tried to arrange a makeup, Perrino claims in documents filed June 15 in Manhattan Supreme Court.

Instead, he says, the school failed him in the course - part of a fast-track master's program. Without the test, the school wouldn't let him continue his nursing coursework.

Filing academic grievances and appealing to the Columbia provost got him nowhere, he said, and he was withdrawn from the School of Nursing.

"It's insane," Perrino said. "It's not like I killed someone."

Perrino, who says he spent $65,000 on tuition, did complete a master's degree in public policy. He says he had a nearly spotless academic record at the School of Nursing.

A Columbia spokesman said he could only confirm Perrino had been a nursing student, and cited privacy rules preventing him from discussing the case.

Perrino is asking a judge to remove the "F" from his transcript, reinstate him at the school and reimburse tuition costs for classes he has already taken.

Presumably, legal action against universities by disgruntled students is fairly common. However, two of Perrino's statements deserve scrutiny.

First, he claims he "told his instructors" he would be missing the exam. That is far different than getting permission to miss the exam. Had his instructors granted his request, he likely would have said so in the court documents. The more likely scenario is that on the way out the door, he e-mailed his professor to say "sorry, I have an emergency and can't make the exam," or something similar.

Secondly, he complains that "it's not like (he) killed someone." Actually, there's a much less compelling case against him had he actually killed someone and not missed the exam. If he ran over someone with his car and the professors flunked him as a result, he may actually have a case. But by missing an exam, he gave them every reason to fail him.

It's difficult to envision Columbia not having some sort of written policy on unexcused absences for student exams. The fact that Perrino is representing himself may be an indication of how he feels about his chances in court.

Point of View

Both of his grandparents suddenly became gravely ill at the same time? Not, they had both been in an accident, but gravely ill. And he's going to be gone a few days? How inconvenient to happen right at exam time! And then he doesn't even ask permission. He just tells his instructors? Who does that? Personally, I wouldn't have bought that either.

27-year old former nursing student Nicholas Perrino is suing Columbia University to overturn an "F" he received after missing an exam:

Nicholas Perrino was kicked out of the Ivy League institution's School of Nursing for missing an exam, and now he is suing to get back in.

"I should have went to Yale," moaned Perrino, who is representing himself in the case.

The 27-year-old Illinois native said he was working toward two master's degrees last summer, when his grandparents became gravely ill, forcing him to take a few days off.

He told his instructors he would be absent for a skills exam and tried to arrange a makeup, Perrino claims in documents filed June 15 in Manhattan Supreme Court.

Instead, he says, the school failed him in the course - part of a fast-track master's program. Without the test, the school wouldn't let him continue his nursing coursework.

Filing academic grievances and appealing to the Columbia provost got him nowhere, he said, and he was withdrawn from the School of Nursing.

"It's insane," Perrino said. "It's not like I killed someone."

Perrino, who says he spent $65,000 on tuition, did complete a master's degree in public policy. He says he had a nearly spotless academic record at the School of Nursing.

A Columbia spokesman said he could only confirm Perrino had been a nursing student, and cited privacy rules preventing him from discussing the case.

Perrino is asking a judge to remove the "F" from his transcript, reinstate him at the school and reimburse tuition costs for classes he has already taken.

Presumably, legal action against universities by disgruntled students is fairly common. However, two of Perrino's statements deserve scrutiny.

First, he claims he "told his instructors" he would be missing the exam. That is far different than getting permission to miss the exam. Had his instructors granted his request, he likely would have said so in the court documents. The more likely scenario is that on the way out the door, he e-mailed his professor to say "sorry, I have an emergency and can't make the exam," or something similar.

Secondly, he complains that "it's not like (he) killed someone." Actually, there's a much less compelling case against him had he actually killed someone and not missed the exam. If he ran over someone with his car and the professors flunked him as a result, he may actually have a case. But by missing an exam, he gave them every reason to fail him.

It's difficult to envision Columbia not having some sort of written policy on unexcused absences for student exams. The fact that Perrino is representing himself may be an indication of how he feels about his chances in court.

Point of View

Both of his grandparents suddenly became gravely ill at the same time? Not, they had both been in an accident, but gravely ill. And he's going to be gone a few days? How inconvenient to happen right at exam time! And then he doesn't even ask permission. He just tells his instructors? Who does that? Personally, I wouldn't have bought that either.