Jennifer Burbella sued her school, Misericordia University, for emotional distress brought on by insufficient academic attention that caused her to fail a required course twice.
According to the Citizen's Voice, Burbella filed a federal lawsuit earlier this month. In it, she accused Thomas J. Botzman, the university's president; Cynthia Mailloux, the chairwoman of the school's nursing department; and Christina Tomkins, a professor of nursing, of violating the Federal Rehabilitation Act.
Burbella said in her filing she enrolled in Misericordia's nursing program in 2010, notifying them of past bouts with anxiety and depression. Over the course of the next few years, she detailed in the lawsuit, she "experienced great anxiety as a result of her many challenges, both socially and academically, as well as medical issues with her family."
In the spring semester at Misericordia, she failed Functional Health Patterns of Adults IV, a course all nursing students need in order to graduate. Burbella then argued she was pushed into re-taking the course that summer, which started less than a week later, and fell behind early and failed again as a result.
Despite various accommodations the school allowed Burbella when she took the final exam, she claimed she "broke down and wept more than once" because her Tomkins did not sufficiently fulfill those accommodations. The lawsuit claims Burbella was granted a "distraction-free environment" in which to take the test, more time to finish and more leeway in asking for clarification during.
Paul Krzywicki, a spokesman for Misericordia, told the Voice he could not comment on the matter because it involved an ongoing legal matter.
Burbella is reportedly seeking damages in excess of $75,000. Though she did not disclose said damages, she alleged she was not treated the way the school typically treats disabled students.
