Facing dismissal in third year, is there hope in appealing?

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jennyfish

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Hi everyone,

I'm personally a pharmacy student but someone very close to me is facing dismissal in third year medical school (Canadian school) and I've come to seek advice.

The story goes that this person has been very high achieving in the past (high school, undergrad, went to Hopkins for grad school) but happened to fail a class in first year medical school. This led him to develop severe performance anxiety after which he failed several classes in second year and had to repeat the year. He was also trying to manage him father's poor health in second year which added to his worries. After repeating second year, he continued to third year clinical rotations and at which point failed the surgery written exam (67, pass is 70), the anesthesia written and the ophthalmology written (marks of 50-60's). The school is dismissing him under their policy that 3 failed classes = a failed year and 2 failed years in a row = dismissal.

He has tried to get help from the school's counsellor as well as psychiatric help; he under went a learning disability test which yielded negative results, but his psychiatrist has diagnosed him with performance anxiety. The school's counsellor assumes medical school is just not for him even though he's been academically successful in the past.

He is currently seeking legal help to appeal their decision...so my question is, do you think it is possible to appeal the dismissal and change it to a medical leave of absence due to his anxiety? If so, what can he do to increase the chances of appealing the dismissal? If not, is readmission possible after such a dismissal? Any help appreciated. Thank you!

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Everybody that enters med school is smart enough to be there. The main reasons people fail out are 1) lack of time management or 2) performance anxiety. If after 3 years your friend was unable to get a handle on his performance anxiety, the rest of his career would likely be miserable and probably lead to clinical depression.

In my opinion, it's for the best he was dismissed; even if it may not seem like it right now.
 
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He should have known to take a leave of absence during year 2, especially with his sick father. He should have also sought help with that one failed class in MS-1. I doubt an appeal will help his case.
 
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Everybody that enters med school is smart enough to be there. The main reasons people fail out are 1) lack of time management or 2) performance anxiety. If after 3 years your friend was unable to get a handle on his performance anxiety, the rest of his career would likely be miserable and probably lead to clinical depression.

In my opinion, it's for the best he was dismissed; even if it may not seem like it right now.

Thank you for your opinion but as a health care professional myself, I don't like to subject my patients to ultimatums. Similarity, I don't believe all hope is lost even if it seems he's struggled for a long time. I would agree that there is fulfillment outside of medicine though!
 
He should have known to take a leave of absence during year 2, especially with his sick father. He should have also sought help with that one failed class in MS-1. I doubt an appeal will help his case.

Hindsight is 20/20, thanks for your opinion.
 
My sympathies to your friend.

I can only chime in on US medical school environs. No school has ever been successfully sued if they could demonstrate that their actions weren't arbitrary or capricious. IF the school followed all of its procedures in its handbook, then the student has no grounds. I'm surprised he didn't take LOA to care for his dad. I suppose that he could appeal to the Dean, and then climb the chain of command to the University's president/CEO/Provost or Chancellor.

A dismissal is the end of his medical career. He'd be DOA at my school if he tried the DO route.

I think that your friend is better suited to a career other than Medicine. Here is yet another example where a healthy student was broken by med school.

Hi everyone,

I'm personally a pharmacy student but someone very close to me is facing dismissal in third year medical school (Canadian school) and I've come to seek advice.

The story goes that this person has been very high achieving in the past (high school, undergrad, went to Hopkins for grad school) but happened to fail a class in first year medical school. This led him to develop severe performance anxiety after which he failed several classes in second year and had to repeat the year. He was also trying to manage him father's poor health in second year which added to his worries. After repeating second year, he continued to third year clinical rotations and at which point failed the surgery written exam (67, pass is 70), the anesthesia written and the ophthalmology written (marks of 50-60's). The school is dismissing him under their policy that 3 failed classes = a failed year and 2 failed years in a row = dismissal.

He has tried to get help from the school's counsellor as well as psychiatric help; he under went a learning disability test which yielded negative results, but his psychiatrist has diagnosed him with performance anxiety. The school's counsellor assumes medical school is just not for him even though he's been academically successful in the past.

He is currently seeking legal help to appeal their decision...so my question is, do you think it is possible to appeal the dismissal and change it to a medical leave of absence due to his anxiety? If so, what can he do to increase the chances of appealing the dismissal? If not, is readmission possible after such a dismissal? Any help appreciated. Thank you!
 
My sympathies to your friend.

I can only chime in on US medical school environs. No school has ever been successfully sued if they could demonstrate that their actions weren't arbitrary or capricious. IF the school followed all of its procedures in its handbook, then the student has no grounds. I'm surprised he didn't take LOA to care for his dad. I suppose that he could appeal to the Dean, and then climb the chain of command to the University's president/CEO/Provost or Chancellor.

A dismissal is the end of his medical career. He'd be DOA at my school if he tried the DO route.

I think that your friend is better suited to a career other than Medicine. Here is yet another example where a healthy student was broken by med school.

Thank you for your response. I know chances are slim but I just think it's just so sad after all he's invested and worked for. I will help remind him there is happiness and fulfillment outside of being a physician.
 
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Thank you for your response. I know chances are slim but I just think it's just so sad after all he's invested and worked for. I will help remind him there is happiness and fulfillment outside of being a physician.
It's medicine or bust for some people. And if your friend has that mindset, I am not sure that comment will provide him that much comfort. The culture of medicine can be very unforgiven and I think he is perfectly within his right to seek legal advice... If that does not work, he can become a midlevel provider. Not sure if Canada has those.
 
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Based on just what you said, your friend at minimum failed 6 big classes (1 first year, "several" during 2nd year = at least 2, then 3 on 3rd year). This is a growing trend of failure. I think there is always a line between redemption and simply kidding yourself. It sounds like your friend was given every opportunity possible that the school has to continue his career, but he simply cannot perform at all. He should be grateful of that rather than suing the school. Time to move on.
 
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If this occurred at my school, I'm fairly certain he would not have been allowed to repeat the second year and would have been dismissed at that point. If you fail a class first year, you get the chance to repeat it. Failure of 2+ more classes after that in the second year is a huge red flag and I can't imagine my school would have kept him around. Failure of 3 additional courses in third year seems like more than fair grounds for dismissal, unfortunately.

Even if he returned and passed 3rd year, there are still board exams and the match to worry about.
 
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Agree with @Affiche and @AlbinoHawk DO . At my school 2 fails in a year typically means repeating the year. Another fail after that pretty much means dismissal, even if it's in a different year (I know of 1 student who has failed 3 classes and hasn't been dismissed, but there were extenuating circumstances). I'm sorry your friend has had these issues, but it sounds like the school was more than accommodating to your friend's situation.

Tbh, I don't think your friend should be a physician. Even if this is performance anxiety, I would not feel comfortable being treated or having a family member treated by someone who failed that many classes in med school, especially if 3 of those are shelf exams.
 
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Tbh, I don't think your friend should be a physician. Even if this is performance anxiety, I would not feel comfortable being treated or having a family member treated by someone who failed that many classes in med school, especially if 3 of those are shelf exams.

No problem - you'll just be treated by him when he becomes a PA or NP.



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I'm sorry, but becoming a doctor is not and should not be a right bestowed upon every person entering medical school. I feel for your friend and would hate to have to give up the dream, but that's exactly what he should do.
 
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Thank you for your opinion but as a health care professional myself, I don't like to subject my patients to ultimatums. Similarity, I don't believe all hope is lost even if it seems he's struggled for a long time. I would agree that there is fulfillment outside of medicine though!
He has an established record of poor performance, year after year, and did not seek the proper help or a leave of absence to address his issues. Sorry to say, but I'd dismiss him, given his record, and no amount of appeals would save him. This isn't a one-time issue, it's an established pattern of failure.
 
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I would give him a leave of absence and I am disappointed but not surprised to hear that the school wants to cut him out sooner rather than provide an adequate level of support.
 
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I would give him a leave of absence and I am disappointed but not surprised to hear that the school wants to cut him out sooner rather than provide an adequate level of support.

Huh? They have provided quite a bit of support it seems. He just doesn't seem cut out for this. Taking legal action is a desperation move from someone who hopefully at least sees the writing on the wall.

This person has indeed established a clear pattern of continued failure at this level. He is not owed a medical degree under these circumstance just because he did well in undergrad.
 
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This person has indeed established a clear pattern of continued failure at this level.
And established poor decision making skills as well as he didn't seek LOA? (real question)
 
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He failed out of school.
What good is an attorney, unless he's alleging some kind of special persecution.
He can appeal the decision, but unless they're not following their written policies, it's a waste of money.


--
Il Destriero
 
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Hi everyone,

I'm personally a pharmacy student but someone very close to me is facing dismissal in third year medical school (Canadian school) and I've come to seek advice.

The story goes that this person has been very high achieving in the past (high school, undergrad, went to Hopkins for grad school) but happened to fail a class in first year medical school. This led him to develop severe performance anxiety after which he failed several classes in second year and had to repeat the year. He was also trying to manage him father's poor health in second year which added to his worries. After repeating second year, he continued to third year clinical rotations and at which point failed the surgery written exam (67, pass is 70), the anesthesia written and the ophthalmology written (marks of 50-60's). The school is dismissing him under their policy that 3 failed classes = a failed year and 2 failed years in a row = dismissal.

He has tried to get help from the school's counsellor as well as psychiatric help; he under went a learning disability test which yielded negative results, but his psychiatrist has diagnosed him with performance anxiety. The school's counsellor assumes medical school is just not for him even though he's been academically successful in the past.

He is currently seeking legal help to appeal their decision...so my question is, do you think it is possible to appeal the dismissal and change it to a medical leave of absence due to his anxiety? If so, what can he do to increase the chances of appealing the dismissal? If not, is readmission possible after such a dismissal? Any help appreciated. Thank you!

I have seen someone in similar circumstances fight and remain. However, it was a protracted battle that took a lot of time and money, and no scruples stood in the way of generating a defense.

This person had less failures (but still enough to be an issue per the handbook), and overall actually had a better grade/test score record than you say your friend has, but the issue was really the school wanted them gone, for legit professionalism stuff (so you would think it would be easy). They didn't have family extenuating circumstances; however that usually would only add to your case if you could demonstrate that as *directly* affecting your *own* *personal* health.

They were able to fight on medical grounds, some of which was probably shaky. They had an excellent attorney, knew how to play the game, generate helpful documentation, and as another poster mentioned, the best thing that can happen to you in this circumstance is if the school violated their own policies in some fashion. It also helped that they had allies higher up in the admin than the crew heading the dismissal.

I say all this to say, it's not impossible, but it is very difficult. What are the chances, is it worth it? Dunno. Just answering the question that yes, in a similar, although we can't say how similar, a circumstance, it has been done, n = 1.

SDN search function through my post's to find ones that are related to: dismissal, resignation, legal issues, that sort of thing. I know this means digging, I'm sorry. I put in the time to write them for people hurting, they're there to be found if you hurt enough to dig.

I did find this:
Everyone will blast me, but you can look through my post history on topics about disability.

1) Get a hold of the as much of the Student Handbook, school policies, by-laws, anything written about rules etc and read in detail, especially the section on technical/physical requirements, disabilities, ombudsmen, appeal processes, legal representation.

2) You needed an attorney yesterday, call your local bar association stay anonymous and see if there if you can get a referral to someone that specializes in education or disability discrimination, you don't need to let the school know and I don't suggest you use an attorney to slap them in the face or anything ridiculous, but it is good to have someone who knows your rights, can help you document and navigate this, because if this is going to delay your graduation a year I can already tell you the school is either clueless, lazy, or not on your side. If an attorney says it's not their area, ask them if they know ANYONE you can call and keep calling. Also google. You can often get a free initial consult, or where you would only pay for the time if you continue forward with the attorney's services.

3) If there is an ombudsmen you can contact them, again be sure of confidentiality

4) Go to all the health providers you can and have them document your disability but also outline what accommodations you may need and what you are capable of doing, go to your PCP, if there is a student health service go there

5) Every school MUST have a diversity/disability accommodation office, they are the KEY to all of this, they are usually very helpful, if they are not, again, nothing like having an attorney to get people busy. In education having an attorney is not as antagonizing as it is in employment, especially since you are just seeking disability accommodation. I don't know how much of the above you have done and how helpful people have been. This office is where it all happens - they gather the data from your physicians on your limitations and what accommodations you need, and then they talk with the dean or whoever on the education side to see if that will work within the educational requirements of the program, and come up with an actionable accommodation plan. This is where it all works or it all falls apart. This is why an attorney and having some idea of what you can do to engage in these rotations is going to help you get the info you need from your providers to the disability office, where you will help them craft a plan to make the school help you.

8) Contact the Dean that you are working with the Disabilities office. The Dean is not neccessarily your friend (their only concern is really maintaining the educational requirements, how much they help you is...?), so email them and meet with them and whatever chats you have should be followed up with emails essentially confirming whatever you talk about.

It is edited from the original, and some of it may not be that applicable in this stage of the game. I tried to keep what was more pertinent. It sounds like it might be too late for this advice (most of it has to be enacted while you're in trouble, but not quite dismissed), but it might provide some ideas for working around this, if it is at all possible.

This is because it is the only leg, if any, there is for your friend to stand on and fight legally for another chance. Not even saying this is what should be done, just, if you're gonna do it, here's the start.

If the "medical" side of the case was established and care sought somewhat before most of the mess, sometimes the case can be made that the school didn't provide enough reasonable accommodation, and that rather than dismissed, they should be reinstated with a hardcore accommodation plan in place, while expected to make up every failure. If this happens, you CANNOT **** UP AND WILL NOT GET ANOTHER CHANCE. The school will likely say they already accommodated you reasonably, and therefore you are already there. Therein lies the legal battle. Only you and an attorney with the facts of the whole case, and school policies, will know what case can be made.

Sometimes, just you going to all of the trouble I have relayed others have done, will get the school to just roll over and reinstate you. Other times they hate your guts and want you gone, no matter what their legal risk management team says, and how bad the case, so they fight hard. Other times it isn't personal, and they just really have the grounds to get you gone and will stand by it and defend it. Sometimes, they have these grounds because I hate to say it, their decision is the right one and easily defended as such.

You are citing anxiety, marginal test scores, extenuating family circumstances, and without me knowing more or how these were handled, no serious professionalism issues (there's a range, not asking for LOA sooner =/= character issues like honesty or respect for others). Yes, there are multiple failures, but they all sound marginal and with some cause. It appears that besides marginal failures on written tests, they otherwise passed the clinical portions of their rotations. You cite a school counselor, but not higher ups, such as various Deans or other school leadership, as saying that you aren't good enough. Usually there is a committee that votes; sometimes an attorney can help you find out who is for or against you, and why. It's true, often there are some personal/professional issues beyond the grades that are really driving the reason why the school isn't offering yet another chance. But I don't know that here. I only say all this to say, that based on what YOU said, I CANNOT say that this person cannot become a good doctor. That I think is unfair from an internet stranger.

However, the school has determined this. Whether or not this is fair, again, I can't say. I think they are earnest in axing people they don't think can make a good doctor, but I don't think every time a school comes close to / does this, that it's accurate. Doctors and schools make wrong calls, not often, but yeah.

Just for other students in similar straits, struggling with anxiety and failures, in school environments that may be more or less supportive, I will tell you that I read this, and I don't "auto-dismiss" or reject. But I'm not admin or your school. But I am n = 1 doctor that wants you to act before it gets too bad, has seen bad people come back from worse and succeed, and believes in you. But you must act as a doctor should: safe, fast, pleasant, foresee problems and be proactive to address them, do your reading, call the consults you need, and prevention is worth a pound of cure. Heal thyself, but ask for help, before there's a (career) death.

I'm really quick to tell pre-allo to GTFO of becoming a doctor at the first sign of most problems,
but if you've made it to med school, I hate to see anxiety, a sick dad, marginal test scores, likely lack of street smarts on how to struggle "properly" in med school (struggling isn't allowed unless you learn how to do it right, which they won't teach you to weed out the "weak"), keep out someone who, for all I know, has otherwise all the makings of an excellent and empathetic physician.

Only the person in the situation, reading this, can have any idea where they think they fall on instituting or benefitting/suffering from this information. It's not advice. I can't tell what you should do. All I can relay is what I know of other scenarios that might not apply.

Sometimes you have to cut your losses and get out. The death of any dream, particularly that of being a doctor, especially the further invested in/identifed with it, feel called to it, is one of the most painful and difficult to accept experiences in life. Think 5 stages of grief, and if it feels worse than the thought of anyone's death including your own, and that you might need professional help to deal, would all be normal reactions to death of such a dream. That said, we are all born with the ability to "be" more than one thing in our lives. You might have to get more in touch with the you that you were before you thought you would go to medical school. Get in touch with your nurturing side, or whatever sides of yourself you wanted to express in medicine. There are other ways to "be" those things, in your personal life, and in a job. There was a good article in the psych forum recently, about vocation and avocation. That might mean a different health career, it could also be something else entirely. Point is, no matter how bad things seem now, you really can move forward and find happiness again, even if right now = total suck.

Godspeed.
 
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