Do I have the right to sue if a school is not letting me take my final and state exam because I missed one clinical?

UPDATED: Oct 1, 2022

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Do I have the right to sue if a school is not letting me take my final and state exam because I missed one clinical?

I am a full time undergraduate student at Park University pursuing a degree in
medicine. I decided to take a CNA evening class to improve my resume for
medical school. I decided that it was too much to balance both schooling and
work, so I decided–under the impression that I would be able to break even in
just a few months–to quit my part time job. On the day of the very last
clinical I got very sick and told my teacher that I would not be able to attend
the last clinical in fear that I would cause more harm going, because the
patients are sick and have low immune systems. When I informed my instructor,
she informed me that because I would be skipping my clinical, I would not be
able to take my final and my state test. I asked if there would be a make up
day and she told me I would be able to go to another clinical in just a few
days. I agreed reluctantly and as I suspected, I was still sick and
contagious. I asked if there would be a different clinical a week from now and
she informed me I wouldn’t be able to get into clinicals until January. When
January neared, the CNA class for that time was canceled and she told me I
would be pushed back until February. At this point I have been unemployed for 2
and a half months waiting for my certification so I can get my job as a CNA.

Asked on February 1, 2019 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot sue them. As you write, you missed or sat out the clinical, which is requirement for the final and the state test. You may have missed it for good reasons, but you still missed it, and it was not the school which caused you to miss the clincial. Not having fulfilled the requirements, you could not take the tests and therefore there is no basis for suing the school. Also, they would not be responsible for your decision to quit your part-time job, or not find new employment when you were delayed in being able to complete your schooling--they are not responsible for your voluntary decisions regarding employment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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