Nursing faculty take grading of assignments seriously. Faculty realize students are sensitive about their grade point averages and that students must maintain certain grades for progression and the retention of scholarships. Faculty further recognize that the grading of clinical performance is complex and subjective by nature. Some faculty are reluctant to assign a failing grade for poor clinical performance for fear of litigation. In this article, the authors discuss several landmark cases that have come before the courts, which have set precedence for grade disputes. The courts overwhelmingly have supported faculty decisions regarding grade assignment, as long as the grades were not arbitrary or capricious. Nursing instructors should not be fearful of failing a student solely on the basis of poor clinical performance. However, faculty must be prepared to explain how grades are assessed related to the program and course objectives.

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