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March 26, 2008
Vol. 99, Issue 11

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Student alleges misconduct
Nursing senior files civil suit
By Vanessa Jackson
Echo Staff Writer

Things between nursing senior Tony Barton and the School of Nursing have turned ugly — so ugly, in fact, that Barton has put up a Web site alleging misconduct by five nursing faculty.

In January, Barton filed a civil action suit in Durham County against those faculty members and the University.

The Web site (nccunursingcorruption.com) names nursing instructors Barbareta McGill, Emilia Frederick, Mary A. Bosher and Kelli Armwood.

The suit accuses the instructors of of using their positions to manipulate students and sometimes “go off on power trips” that make students afraid for their grades.

The Web site also accuses Lorna Harris, dean of the School of Nursing, of ignoring student complaints and giving unfair reviews of student appeals.

Barton’s site alleges that practices at the school violate regulations established by the N.C. Board of Nursing.

The student’s civil suit accuses the instructors of professional misconduct, denying student academic freedom and violating a student’s right to a fair appeals process.

Barton’s Web site and civil suit also accuse Frederick of a HIPAA violation.

HIPAA, also known as the federal Health Insurance Portability and Accountability Act, was enacted by Congress in 1996 to protect the privacy of patients.

The Act prohibits health workers from disclosing patients’ personal information.

Barton accuses Frederick of violating patient privacy rights by bringing a patient’s medical information to class with the patient’s name and account number visible.

If Barton wins his civil suit, Frederick could face civil or criminal penalties under the current law.

In his suit, Barton does not seek monetary compensation, but requests that all legal fees be paid by the defendants.

According to Barton, his troubles began in fall 2006, when he and his instructor, Nancy Dias, an adjunct lecturer, had a disagreement over dispensing medications.

The disagreement occurred during was Barton’s first clinical at the Veterans Administration hospital in Durham.

“I felt that she should have told me what needed to be done, because we were all new,” said Barton.

“I believed at the time that it was just miscommunication.”

To resolve matters, Frederick, also a clinical instructor, was brought in to mediate. But things got worse, Barton said.

In fall 2007, Frederick became Barton’s pediatric clinical instructor. Barton said he believed that he was performing well — until he received a grade of Unsatisfactory, which led to an “F” in the course.

Barton said Frederick treated him with indifference.

He said that when he wanted to use the Lippincott Nursing Manual, Frederick told him the manual was an unauthorized text. However, he said, she gave him no proof that using the manual was against school policy.

Barton said Frederick sent him an e-mail in which she refused to respond to any more e-mails concerning the matter.

“I felt as a student that they [the nursing staff] needed to be more professional,” said Barton.

“Instead, they made things personal.”

Barton sent an appeal to the School’s appeals committee, which included his adviser, Mary A. Bosher, four nursing faculty and a student peer.

The committee denied his appeal.

"I was given an option to do four additional clinical days with Frederick, but instead I continued the appeals process with Harris,” Barton said.

“After a discussion with Harris, I agreed to do the extra days, with a stipulation that if Frederick gave me an Unsatisfactory [grade] that I would continue the appeals process,” he said.

Barton wore a concealed tape recorder while continuing his clinical instruction with Frederick.

“I could not trust her to tell the truth — and I was right, because the grade did not change,” said Barton.

“I told Dr. Harris that I wore the device and she was surprised. I asked her if she would listen but she said that she would have to consult Kay Webb, who handles legal affairs for the University.

“I did my obstetrics clinical with Bobby Brown, who is the clinical instructor at Wake Medical Center, and received an excellent evaluation. Isn’t that enough to say that ‘OK, let’s sit down’?” Barton asked.

“I am amazed at how they ignore students,” he said. “I am now working on a second appeal for a final grade from last semester.”

Barton said that by January his situation was getting more frustrating.

That’s when he contacted Bernice Johnson, vice chancellor of Academic Affairs.

He said Johnson told him that she did not know why nursing students were contacting her and that Dean Harris reported to Provost Beverly Jones, not to her.

In January, Barton wrote a letter about his appeal to Provost Jones and to Chancellor Nelms. He has not received a response from either office.

“The last straw for me and what made me put up the Web site was the appeal and the reaction from the faculty,” Barton said.

“They met without me, even though I had requested to be present and given an opportunity to defend myself.”

In addition to charges of manipulating and bullying, the Web site accuses Armwood of attacking a pregnant student when she fell asleep in class.

In an anonymous Web site posting dated Feb. 1, a witness to the incident said: “… she did hit this student … Nothing was done about it and this is wrong …”

But a posting signed by Tanisha Worthy said Armwood was simply waking up the student as she would wake up a patient.

“First you will call their name at least twice for a response, then you will shake them ... if no response you would then tap them until they have been awaken. That is what Kelli did,” Worthy’s post read.

A Feb. 3 entry comes from someone claiming to be the victim of the incident: “It happened to me! I know for a fact that it’s not hearsay because it happened to ME!”

Barton said some have accused him of being divisive.

“Just in passing, I’ve heard negative comments toward me,” he said. “I just ignore it.

“I don’t endorse some of the comments on the site. I haven’t removed any one of them, either.

“I ... do wish it had not gotten personal. I am advocating freedom of speech.”

Nursing senior Christie Carter said that the program can be challenging and requires time, effort and determination

“I do not know the particulars about Tony Barton’s situation or why he felt the need to post the Web site,” she said.

“From my experience within the nursing program, no one goes through unnecessary problems if they work hard, show respect for professors and others, and seek guidance when it’s needed. I have not been on his Web site since the first week it was posted, because my focus is on May 3, 2008 and passing my upcoming NCLEX exam. I do not believe any comments made on this Web site should deter any future NCCU students from obtaining their Bachelor of Science Nursing degree from this university,” Carter said.

Barton said he would not graduate this spring because Bosher, his adviser, didn’t tell him he had to take an introductory statistics class.

“She was happy when she told me I would not be able to graduate,” said Barton. “I can’t get over that part.”

In an e-mail, nursing instructors Frederick and Armwood declined a request for an interview. McGill, Dias and Bosher did not respond to the e-mail at all.

Harris did not respond to three phone messages left with her secretary.

Provost Jones, responding to an e-mail, wrote, “The concerns raised have been brought to my attention by Dr. Harris, and I am in the process of collaborating with Dr. Harris and other nursing faculty to determine the validity.

“I assure you that once the situation has been fully assessed, the appropriate responses and actions will be taken,” Jones wrote.

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