A Misericordia University nursing student who twice failed to pass a required course has filed a federal lawsuit against the institution alleging she “broke down and wept more than once” during a final exam because her professor didn’t do enough to help her.

Jennifer Burbella of Stroudsburg filed suit this month alleging Misericordia University — along with school President Thomas J. Botzman; Cynthia Mailloux, chairwoman of the nursing department; and nursing professor Christina Tomkins — violated the Federal Rehabilitation Act.

The suit, filed by Scranton-based attorney Harry P. McGrath, contends Burbella suffers from anxiety, depression and poor concentration.

According to the complaint, Burbella was accepted into the school’s nursing program in 2010. Even before her enrollment, Burbella had an “existing predisposition” that caused anxiety and depression, and throughout her time at the university she “experienced great anxiety as a result of her many challenges, both socially and academically, as well as medical issues with her family,” the lawsuit contends.

By March 2011, Burbella was being treated at the campus Counseling and Psychological Service Center.

“(Burbella) struggled throughout her studies at Misericordia University, but always continued to seek a bachelor’s degree in nursing and appeared to be moving toward that goal, albeit with some average, but primarily below average grades,” McGrath wrote.

In spring of 2014, Burbella failed Functional Health Patterns of Adults IV, a required course that nursing students must pass with at least a C, says the lawsuit, alleging Burbella did not receive any special accommodations that semester.

Burbella claims to have been pressured to re-take the course in a summer session beginning just four days later, and that she “decided to capitulate to the demands of Misericordia University” with “great trepidation.”

Despite continuing counseling, Burbella began failing the course once more, according to the complaint.

For the final exam, the university gave Burbella some accommodations — she was allowed more time to complete the test and could take it in a “distraction-free environment,” according to the suit. Tomkins also offered to allow her to ask questions during the test, the complaint says.

When Burbella asked to take the exam in the same building Tomkins was administering the exam to the other students, she was denied — although another disabled student was given a separate room in the same building, the lawsuit alleges.

During the test, Burbella repeatedly called Tomkins on her cellphone and got no response.

“Professor Tomkins’ failure to be available to (Burbella) on numerous occasions during the examination created an even more stressful environment for the student, all of which can be verified by Megan Hurley, a counselor at Misericordia University, who witnessed (Burbella) attempting to make calls to Professor Tomkins on several occasions during the exam and breaking down and crying when Tomkins did not answer,” McGrath wrote.

In the end, Burbella did not receive a sufficient score to pass the course and graduate with a nursing degree, the suit says.

For treating Burbella differently than the other disabled student, the university should be liable for unspecified damages in excess of $75,000, the lawsuit contends.

Misericordia spokesman Paul Krzywicki said the university does not comment on pending litigation.

 

 

570-821-2058, @cvjimhalpin