Court Orders End to Nursing Student's Lawsuit against ASU

JONESBORO, AR - A federal appeals court has directed a lower court to dismiss a lawsuit filed by a nursing student dropped from an Arkansas State University anesthesia program last year.

Todd Monroe took a leave of absence from his studies in April 2005 to enter a treatment program for chemical dependency.  During his absence, he reached a consent agreement with the state Board of Nursing in which he was placed on probation for three years.

According to the complaint, the dean of the nursing college told Monroe in 2005 that he had received an "incomplete" grade for his clinical program and that the grade would change to an "F" within a year.  Monroe said the dean also told him that he could not complete the course work until his nursing license was "unencumbered."

Monroe sued the school, the nursing college dean and the college's program director.  The school and the individuals claimed immunity from the lawsuit.  The dean and program director also said Moore never took advantage of the university's appeal process.  The Eighth U.S. Circuit of Appeals at St. Louis said yesterday that the school could have dismissed Monroe outright, but instead two administrators warned him about his incomplete grade.

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