Weiler K, Helms L B
College of Nursing, University of Iowa, Iowa City 52242.
J Prof Nurs. 1993 May-Jun;9(3):131-8. doi: 10.1016/8755-7223(93)90064-j.
In August 1985 Sharon Russell was dismissed from Salve Regina College just before her senior year of nursing education. The reasons given for her dismissal focused on Russell's obesity and her inability to lose weight. The issues raised by this case pose important questions that nursing programs and nurse educators must address. This article explores the questions raised by Russell: (1) What constitutes substantial compliance with both academic and nonacademic performance criteria in a contract between a student and an educational institution? (2) What duties to preserve the privacy interests of students may be imposed on programs and educators? Ms Russell's case has been settled. She established that she had met the terms of the contract and substantially complied with the academic and nonacademic criteria of the nursing curriculum. She was awarded monetary damages for the college's breach of contract in nonperformance of an agreement to educate. She did not prevail in her claims of intentional infliction of emotional distress or invasion of privacy. She did, however, put nursing education programs on notice that colleges and universities are not immune from these contractual challenges and must demonstrate respect and consideration for student's personal concerns.
1985年8月，莎伦·拉塞尔在护理教育专业大四前夕被萨福克大学开除。开除她的理由集中在拉塞尔的肥胖问题以及她无法减重。该案件引发的问题提出了护理专业课程和护理教育工作者必须解决的重要问题。本文探讨了拉塞尔提出的问题：（1）学生与教育机构之间的合同中，什么构成对学术和非学术表现标准的实质性遵守？（2）课程和教育工作者可能被赋予哪些保护学生隐私利益的职责？拉塞尔女士的案件已得到解决。她证明自己符合合同条款，并实质性地遵守了护理课程的学术和非学术标准。她因学院违反教育协议的合同违约行为而获得了金钱赔偿。她关于故意造成精神痛苦或侵犯隐私的主张未获成功。然而，她确实让护理教育项目注意到，学院和大学不能免受这些合同挑战，并且必须对学生的个人问题表现出尊重和考虑。
