Legal aspects of grading and student progression

Chasens, Eileen R.; DePew, Diane D.; Goudreau, Kelly A.; Pierce, Carolyn S.

doi:10.1053/jpnu.2000.9460

Cited by 10 publications

(8 citation statements)

References 2 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…19 Historically, institutions of higher learning were considered sacrosanct and the courts refused to become involved in the internal affairs of these institutions until the 1960s. 21 Residents simultaneously act as students learning how to do a job and as employees who are expected to perform the job. A review of legal cases suggests the courts assume the position that for due process purposes residents are more frequently viewed as similar to employees rather than students.…”

Section: Due Processmentioning

confidence: 99%

“…This principle asserts that the educator is the best judge of student progression. 21 Traditionally, faculty members have assumed the right and responsibility for setting and maintaining academic standards for performance, graduation, and dismissal. Multiple different court decisions have affirmed that faculty members are by virtue of their training and experience, uniquely qualified to observe and judge all aspects of academic performance (Table 1).…”

mentioning

confidence: 99%

See 1 more Smart Citation

The Fundamentals of Resident Dismissal

Schenarts

Langenfeld

2017

The American Surgeon™

View full text Add to dashboard Cite

Residents have the rights and responsibilities of both students and employees. Dismissal of a resident from a training program is traumatic and has lasting repercussions for the program director, the faculty, the dismissed resident, and the residency. A review of English language literature was performed using PUBMED and OVID databases, using the search terms, resident dismissal, resident termination, student dismissal, student and resident evaluation, legal aspects of education, and remediation. The references of each publication were also reviewed to identify additional appropriate citations. If the Just Cause threshold has been met, educators have the absolute discretion to evaluate academic and clinical performance. Legal opinion has stated that it is not necessary to wait until a patient is harmed to dismiss a resident. Evaluations should be standard and robust. Negative evaluations are not defamatory as the resident gave consent to be evaluated. Provided departmental and institutional polices have been followed, a resident can be dismissed without a formal hearing. Residencies are entitled to modify academic requirements and dismissal is not considered a breach of contract. Although there is anxiety regarding resident dismissal, the courts have uniformly supported faculty having this role. When indicated, failure to dismiss a resident also places the program director and the faculty at risk for educational malpractice.

show abstract

Section: Due Processmentioning

confidence: 99%

mentioning

confidence: 99%

The Fundamentals of Resident Dismissal

Schenarts

Langenfeld

2017

The American Surgeon™

View full text Add to dashboard Cite

show abstract

“…Faculty must be confident in assigning clinical grades on the basis of meeting program goals and maintaining professional standards. Chasens, DePew, Goudreau, and Pierce (2000) provided an overview of legal aspects of grading and student progression for nursing faculty. The authors described the intensity over grading in nursing as a trend, which could be related to consumerism in higher education.…”

Section: Clinical Gradingmentioning

confidence: 99%

Improving Adjunct Nursing Instructors’ Knowledge of Student Assessment in Clinical Courses

Johnson¹

2016

Nurse Educator

View full text Add to dashboard Cite

Utilization of adjunct nursing instructors to teach clinical courses is common in nursing programs. The purpose of this study was to examine the outcomes of a faculty development workshop on clinical evaluation for adjunct instructors. The results indicated instructors valued using a student-oriented learning outline, gained knowledge about assessment, and indicated they would engage in activities that could increase their knowledge of assessment.

show abstract

“…Furthermore, there may also be legal implications and consequences (Boley & Whitney, 2003;Smith et al, 2001;Johnson & Halstead, 2005;Redmond & Bright, 2007;Parker, 2010). Faculty can be sued for either failing or passing an unsafe or incompetent student (Chasens, DePew, Goudreau, & Pierce, 2000;Osinski, 2003;Smith et al, 2001). As gatekeepers to their professions, preceptors and faculty have a duty to ensure that only students with appropriate knowledge, skills, and values necessary to serve clients are admitted to professional practice, thereby protecting society from incompetent or unsafe practitioners (Hrobsky & Kersbergen, 2002;Hunt et al, 2012;Tanicala et al, 2011;Redmond & Bright, 2007).…”

Section: Literature Reviewmentioning

confidence: 99%

Exploring the Issue of Failure to Fail in a Nursing Program

Larocque

Luhanga

2013

International Journal of Nursing Education Scholarship

View full text Add to dashboard Cite

A study using a qualitative descriptive design was undertaken to explore the issue of "failure to fail" in a nursing program. Individual in-depth interviews were conducted with nursing university faculty members, preceptors, and faculty advisors (n=13). Content analysis was used to analyze the data. Results indicate that: (a) failing a student is a difficult process; (b) both academic and emotional support are required for students and preceptors and faculty advisors; (c) there are consequences for programs, faculty, and students when a student has failed a placement; (d) at times, personal, professional, and structural reasons exist for failing to fail a student; and (e) the reputation of the professional program can be diminished as a result of failing to fail a student. Recommendations for improving assessment, evaluation, and intervention with a failing student include documentation, communication, and support. These findings have implications for improving the quality of clinical experiences.

show abstract

Legal aspects of grading and student progression

Cited by 10 publications

References 2 publications

The Fundamentals of Resident Dismissal

The Fundamentals of Resident Dismissal

Improving Adjunct Nursing Instructors’ Knowledge of Student Assessment in Clinical Courses

Exploring the Issue of Failure to Fail in a Nursing Program

Contact Info

Product

Resources

About