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Part X

January 20, 2017

For those of you who know the power of prayer my following message won’t surprise you. For those of you who think there is no such thing, I hope my message will change you. For those of you who fall somewhere in the middle, I pray my message will inspire you. There has been a major development in the case surrounding my daughter’s dismissal from Cleveland State University.

Since the creation of this website approximately six months ago, which depicts the outrageous treatment of my daughter, Shana, resulting in her dismissal from the nursing program, the high-ranking official at CSU who many believe initiated Shana’s dismissal has been replaced.

Now I don’t know if this individual left this position on their own accord (shame or guilt?), or if this was the decision made by the Board members for the betterment of the University. I believe in my heart this was the result of divine intervention, and I know any future nursing students attending CSU is better off because of it.

One life lesson I would like to leave you with comes from the late, great Maya Angelou: “When someone shows you who they are, believe them the first time.”

Shana and I would like to thank all of you who have offered prayers and have shared information about our website with others. As you can see your efforts have not been in vain. We ask that you please continue doing so.

Shana is still a traveling nurse and feels so blessed for the opportunity to serve others! Thank you and God Bless!

Theresa M.

Part IX

June 29, 2016

Before ending this journey, I must say a special and heartfelt ‘thank you’ to the Ombudsman at CSU who did not turn away my daughter when she came seeking help. I also must say ‘God bless you’ to those very special individuals who saw the injustice and believed in the cause, and have worked tirelessly behind the scenes helping me with getting my daughter’s story out to the public.

I would like to thank my daughter, Shana, for allowing me to share her very private and painful story. A story we knew we could not keep secret, for that is exactly what those who plotted to destroy Shana’s nursing career and those who covered for them would want us to do.

I’d like to end on a positive note and say these words to my daughter, but maybe they will serve you well, too. Maybe they will inspire you also if ever you find yourself in a struggle for justice.

Shana, every cloud has a silver lining. The “powers that be” denied you your Bachelors of Science of Nursing Degree in May 2012. They blocked you from the court room. They kept you from getting a fair trial. Maybe they’ll even succeed in revoking your nursing license. If they do, know this: Man controls some things on earth, but God controls all things in heaven and on earth. God will show you another path. Just as He did when BW started a new nursing program just when you needed one.

Shana, don’t let anything that has happened destroy your faith in humanity. Don’t let anything that has happened destroy your faith in God. But most of all, don’t let anything that has happened take away even the smallest smidgeon of faith in yourself. You should be proud… you stood up to the bullies.

You may have worked twice as hard to become a nurse, but being a nurse is hard work. I thank you and the millions of other health care professionals who have dedicated their lives in caring for and serving others.

Please know you can do anything. God is watching over you. You need never fear.

I ask that you never do what your accusers and their accomplices have done. They showed you only revenge, and revenge is cold.

You are so much kinder than that. I ask that you always show the compassion they failed to show you. Compassion is warm. Our value is in who we are, what we do, how we act. Your value is in who you are, what you do, how you act. You have shown great character through this all.

You have been honest.

You have acted with integrity.

Most importantly, you have stood up to the bullies.

And here you stand, having fought for what is right, with many standing with you and praying for you.

I pray God will continue to keep you, bless you and protect you!
I pray you will always be allowed to use your skills, knowledge and touch to heal others!
I think you are an amazing young woman, an incredible daughter and a Super Nurse! God bless you!
Love forever and always,
Your mother

And before signing off for the last time, I would like to thank all of you who have taken the time to read my blogs. Through these writings, and much prayer, I have been able to release the anger and revulsion that has consumed me since realizing my daughter had been railroaded and double-crossed. I am now ready to give this burden to our Lord.
Soon after getting her RN license, Shana signed up as a traveling nurse. The admission made by the patient that s/he was asked to write the complaint against Shana, and the unsubstantial complaint made by the BW clinical instructor, made us see just how deep the Bullies’ network is in Ohio. And the threat that Shana’s CSU “student file” was being sent to the Ohio Board of Nursing has opened our eyes to the strong thirst for revenge someone is apparently still seeking.

I would like to ask each of you to please stand with me in support of my daughter. I ask that you say a special prayer for Shana that those who are hell-bent on destroying her nursing career will have a change of heart, so that she will be able to return home to perform her nursing skills without the threat of retaliation.
I also ask that you join in with me and others by forwarding information about this website to your family members and friends, and ask them to do the same. History has shown us the dangers of what happens when inherently good people turn a blind eye to appalling injustices. I believe the more people made aware of this case, the less likely this will happen again. This must never happen again. WE MUST NEVER LET THE BULLIES WIN!

In closing, I would like to leave you with a wonderful quote by the late Maya Angelou. I believe if more people kept this in mind, the world would be a much better and kinder place. Once again I thank you for your support.
“I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”
God bless!

Theresa M.


May 11, 2016

“They say you can’t fight City Hall” was the first line of my first journal, written on November 26, 2015. But this is a story of how – and why – you can’t not fight City Hall. This is a story of why you have to fight when you know what’s right.

I won’t say that it doesn’t matter whether you win or lose. I will say that it matters more that you fight for what’s right. If you don’t, the bullies win. Never let the bullies win.

I’ve been writing this journal of unbelievable transgressions against my daughter, Shana, since 2014. When I say “unbelievable”, I mean that these are things only Hollywood could come up with. Yet it was Cleveland State University that came up with them. More unbelievable still, in an ending even Hollywood would not dare to script, CSU got away with it!

I am alleging the following:

Check out the script.

Persecuted: After seeking help from the University Ombudsman – that’s what the Ombudsman is there for! – a high-ranking faculty member scolded her for doing so. Shana was bullied that day…and six (6) months later.

Falsely accused: According to Shana’s lawyer the patient was asked to write a complaint against Shana, and admitted so during deposition. That complaint was used to frame Shana for falsifying his/her records, endangering the patient’s life and lying to her instructor. Shana was framed!

Denied a defense: The School of Nursing expelled Shana, with no chance to defend herself or question her accusers.

Ruling ignored: The President of CSU ignored the Student Grievance Board’s finding that:

  • Shana had done nothing wrong.
  • She had been denied due process.
  • Animosity was sensed between the Staff and Shana.

She was given an “F”. And justice for all? Oh really?

Sabotaged by her lawyer: Shana’s lawyer nearly sabotaged her civil suit to overturn her dismissal. He withheld documents, and news, allowing CSU to get whatever it wanted. If we hadn’t checked the Court website and found what he was holding back, the sabotage would have been complete. From his actions, I am sure many may wonder whose payroll this attorney was on.

Evidence withheld: CSU refused to provide the audio recording of the hearing held before the Student Grievance Board. We knew it existed; it was standard procedure. But the University denied its existence.

Let down by a second lawyer: Without Shana’s consent, he allowed CSU to dismiss her top complaint, denial of due process. He was specifically asked to appeal the summary judgment, yet according to an on-line article, it is suggested he appealed only on a matter of broken contract and failed to submit “any evidence” to support his claim. Did he even submit the patient’s confession to either court?

Persecuted at a second university: A preceptor at Baldwin Wallace University, who was full of praise for Shana, suddenly lodged a litany of complaints against her. Thankfully, the accusations were immediately seen by all as unfounded. Shana graduated and became a RN.

Let down by the Court: The Court allowed summary judgment, and ruled in favor of CSU. Shana would never even get her day in court. The appeal didn’t change the results.

Let down by the legal system: The Ohio Bar Association found nothing wrong with either attorney for such transgressions as defying Shana’s wishes and hiding vital information from her.

And justice for all…Oh really?

The story doesn’t end there. After going through all this, I decided to take this story public. Why not let it fade into the distance, no more than a bad memory? Why share such private and traumatic events with the world? Why stick our heads up when the bullies have already won?

For three (3) very important reasons.

The first reason is that I am a mother. My daughter was wronged. She was tortured and maligned. I don’t want any other mother or father to have to go through that. In a world where you can be persecuted like this for using the services of the University Ombudsman as they were intended to be used, how could I sit on my hands and zip my mouth?

There’s a saying: “Those who cannot remember the past are condemned to repeat it.” I hope that I can prevent such nasty behavior in the future by sharing my daughter’s story today. Honestly, there are plenty of grown adults who deserve a stern talking to:

  • faculty
  • lawyers
  • university presidents

People like that should know better. But if people like me don’t speak up, people like that will feel free to ruin other people’s lives with impunity.

The second reason for speaking up is for the world to know that my daughter, Shana, is top quality. I know she was set up by a few and let down by many, that she was framed. CSU sent her “student file”, which I am sure includes the false information I related in a previous journal, to the Ohio Board of Nursing. We received word that they threatened to do it towards the conclusion of the trial. Why? How much revenge do they need to extract for using the Ombudsman service? I guess that’s just what bullies do. The persecution continues!

Shana’s nursing degree was earned at Baldwin Wallace University. Will the Ohio Board of Nursing accept the falsified CSU files? Will it matter? Is there influence we don’t know about? Only time will tell.

But there is an even more important reason to make this public. The story needs to be told so that Shana can hold her head high. Shana, your mother is so proud of you. You aced it at CSU. You aced it at BW. You did it all the right way, the honest way. You stood your ground. You didn’t let the bullies win!

As Mohammad Ali once said, “Inside of a ring or out, ain’t nothing wrong with going down. It’s staying down that’s wrong.”

There are a whole lot of people who should be walking around ashamed of themselves, but you are not one of them, Shana. They should be down on their hands and knees, praying, “Lord, give me the same courage and determination that Shana has.” As easy as it would be to become angry at the world for all that has happened, I pray that you are not.

I am proud of my daughter and I am grateful for the integrity, respect and humanity shown by some very important players in this story.

Baldwin Wallace Nursing Program Officers – These individuals took the time and the care to investigate the sudden “poor performance” complaints made against Shana. They made the effort to get it right, to ensure that justice was done. Justice for all, at least there.

CSU’s Clinical instructor – The one assigned to Shana at the time the accusations occurred. This one did not provide false testify against Shana during the Student Grievance Hearing. According to Shana this instructor even apologized saying s/he wasn’t sure why the act to dismiss Shana from the Program was happening.

CSU’s Student Grievance Board Members – These individuals reviewed the evidence presented against Shana. They listened to Shana’s claim of what had happened six (6) months prior. In the end, they ruled in favor of Shana. They noted in their findings the animosity felt in the room during the hearing. Justice for all, at least that time.

Family members and friends – These special people not only offered prayers and words of support to Shana, but they helped and continue to help us share Shana’s story with the public.

The Patient – This person admitted during deposition that s/he had been administered certain medication minutes before Shana’s arrival. Also, admitted s/he was acquainted with someone directly tied to the Nursing Program at CSU, and even went so far as to acknowledge s/he was asked by this acquaintance to write the complaint against Shana.

During the Student Grievance Hearing, Shana was informed by her accusers she was assigned this patient because it would be a “good lesson learned”. I think we all know now exactly what they meant!

Please stay tuned to my final journal for the special message I have for my daughter and a special request I have for those reading my journals!

Part VII

February 5, 2016

In the first six (6) parts of my journal, I shared the events leading up to my daughter’s dismissal from Cleveland State University’s Accelerated Nursing Program and the events following her dismissal; in particular the events surrounding the lawsuit against CSU.

What I find most ironic about this case is it all started when actions by a few well-educated people were put in play in an attempt to prevent my daughter from getting an education, simply because she complained an instructor was not providing her an education.

The following is my take of this entire incident.

I believe the day my daughter, Shana, met with Cleveland State University’s Ombudsman back in June 2011, seeking assistance in getting transferred to a different clinical classroom, her fate as a nursing student at CSU was sealed; Shana would never graduate from CSU’s Nursing Program.

It is also my belief that for six (6) months, after being told she brought embarrassment to the Program when she complained to the Ombudsman about a clinical instructor, someone with a lot of influence at CSU watched and waited for Shana to slip up to give them reason to kick her out of the Program. However, because Shana continued to do very well in the Program, it was only when an opportunity presented itself, I believe a malicious and well-calculated plan was hatched that would guarantee her dismissal.

Unfortunately that opportunity came when Shana, while preparing to perform an examination on her very last patient while a student at CSU, was calculatedly assigned to “the patient”. And as I have already shared, Shana was ultimately accused of endangering the welfare of the patient, falsifying the patient’s records and lying to her instructor and the nursing staff, given an ‘F’ in the class and kicked out of the Nursing Program.

However, when the Student Grievance Board found no evidence Shana had committed any of these serious offenses, and after the President of CSU still refused to reinstate her, I believe a fake student file, filled with negative information about Shana, was created once it was known Shana had filed a lawsuit against CSU.

I believe unscrupulous deeds were done behind closed doors in an attempt to get parts or the entire lawsuit thrown out of court, futile motions filed to run up legal fees in hopes Shana would run out of funds and drop the case, and documents created in an attempt to make Shana look like a failing student. And finally when it was looking like the lawsuit might go to trial, a warning message sent concerning Shana’s nursing license.

As I’ve mentioned before, only days before the pre-trial was to begin CSU’s legal defense requested and was granted a summary judgment. And so in the end we were greatly disappointed Shana was never allowed a day in court. The Judge ruled in favor of CSU based on the “documents” submitted by CSU, and essentially the lack of documents submitted by Shana’s lawyer.

Some may be thinking Shana’s attorney simply wasn’t qualified to represent her in this type of a case. However, the name of this attorney had been given as a referral when Shana contacted the State Bar Association looking for an attorney specializing in education law.

People have asked knowing now how this case ended, would we have done anything differently? The answer is ‘no’. Being charged with falsifying a patient’s record is quite possibly one of the worst things a nursing or medical student can be charged with. What reputable hospital/corporation would hire someone with that information noted in their files? So even when a message was relayed to Shana to drop her lawsuit against CSU or risk having her nursing license, earned while at Baldwin Wallace, taken away we felt we had no choice but to stand our ground and fight; no matter the cost, the amount of time, or alleged threats. We figured by dropping the lawsuit against CSU, the allegations that Shana falsified the patient’s records would remain in her file and would come back and haunt her in the future. Even if Shana was to lose the case, at least she could show she had fought the allegations to the very end.

As mentioned in Part I of my journal, we knew going in and suing a state protected agency, (CSU), would be an uphill battle. What we didn’t comprehend, however, was just how “protected” this state agency was. We finally realized just how protected after receiving a letter from the Ohio State Bar Association, stating they found no wrong-doing on the part of Shana’s legal defense. Unbelievable!

Stay tuned to my next journal where I share why I decided to make Shana’s story public.

Part VI

November 25, 2015

In the first five (5) parts of my journal, I shared how after completing 12 months of a 17 month accelerated Nursing Program at Cleveland State University, my daughter was dismissed from the Program after being accused of the following serious allegations:

  • Endangering the welfare of a patient
  • Falsifying a patient’s medical records
  • Lying to her instructor and the assigned nursing staff

The Student Grievance Board, during a hearing at CSU where my daughter shared what she felt was the true reason for her dismissal, found in favor of my daughter noting 1) her dismissal was unwarranted, and 2) she was not afforded her due process. The Student Grievance Board members also noted they sensed some animosity between the CSU faculty and my daughter. Unfortunately, even with the findings of the Board members, the President of CSU sided with the CSU faculty members and refused to reinstate my daughter. So with only 5 months remaining in the Program, my daughter was kicked out of the Nursing Program at CSU.

I’ve also shared the beginning of my daughter’s legal battle including the hard time she had when trying to find a law firm willing to sue a state protected agency, as well as some very questionable actions performed by her attorney, which left us wondering whose side the attorney was really working for. While waiting and preparing for trial, my daughter went on to graduate from Baldwin Wallace’s Accelerated Nursing Program, pass the NCLEX examination and became a Registered Nurse.

CSU’s legal defense subpoenaed Shana, the patient whose records Shana was accused of falsifying, and even one of BW’s Nursing Program officers. Interestingly, CSU’s legal defense did not subpoena the CSU Clinical Instructor who was over Shana during the alleged incident, nor the CSU Clinical Instructor Shana had initially complained about to the Ombudsman. Shana’s attorney immediately filed a ‘Motion to quash the subpoena’ of the BW officer, stating no one at BW would possess any first-hand knowledge of the facts and circumstances involving this case. Additionally, he noted to allow such a deposition to proceed would place an undue burden on Shana, in the form of increased litigation expenses. However, the Judge denied this request and the BW officer, with his attorney, had to submit to an oral examination.

Through Shana’s attorney, we learned the deposition given by the BW officer added no value to CSU’s case, however, the deposition given by the patient was mind-blowing!

During the Student Grievance Hearing at CSU on January 26, 2012, the complaint and evidence presented against Shana was listed in a seven (7) page document detailing the alleged events surrounding the examination of Shana’s last patient while a student at CSU. Now, however, during Shana’s deposition, CSU’s legal defense identified a several inch thick folder as the vessel that held multiple alleged complaints against and misconduct performed by Shana.

Shana underwent an exhausting session of questioning during her deposition with CSU’s legal defense. And I must admit this attorney was good; she was not only very experienced and aggressive, she had a stare that could quite possibly intimidate former boxing champ, Mike Tyson.

I’m unsure if the following was CSU’s legal defense’s attempt to make it appear Shana had been given her due process but here’s what I found most interesting during Shana’s deposition. Shana was asked to review and confirm she had been provided certain documents prior to her dismissal from the Nursing Program at CSU. After Shana denied receiving one certain document the first time, CSU’s legal defense called for a break and we were asked to leave the room. When we returned from the break, CSU’s legal defense asked Shana to review and confirm receiving additional documents. In the middle of these additional documents, there again was this one document Shana had previously denied ever receiving. Once again Shana denied receiving this document and later during the deposition, CSU’s legal defense once again asked for a break and asked us to once again leave the room. When we returned for the second time Shana was again asked to review and confirm receipt of certain documents. Once again in the middle of these additional documents was the document Shana had twice denied ever receiving, and for the third and final time, Shana denied ever receiving this document.

After three (3) long hours of questioning and reviewing documents, I knew one thing for certain. At the start of the deposition I felt at least four (4) of us knew for certain Shana was innocent of all charges, that would be Shana, her attorney, myself and the one accuser who was present, however, by the end of the deposition I knew there was no way in heck, that anyone in that room had one ounce of doubt of Shana’s innocence.

This may explain why only days before the pre-trial was to begin CSU’s legal defense submitted a request to the Court asking for a summary judgment opting not to face Shana in a court room where everyone, including Shana’s accusers, would have to swear to tell the truth or risk being charged with perjury. And that truth, divulged during the testimony by the patient, would have no doubt resulted in a favorable ruling in favor of my daughter.

To our dismay and most surprisingly, after three (3) years of preparing for trial and spending over $11,000 in legal fees, the Judge approved CSU’s request for a summary judgment.

CSU submitted a sworn affidavit from the CSU faculty member who, according to the letter read by Shana during the Student Grievance Hearing, accused Shana of bringing embarrassment to the Nursing Program, along with several other ‘unverified’ documents.

One document submitted (Exhibit B) titled ‘Documentation of Issues Requiring Student Counseling’ listed the following complaints about Shana which alleged to have happened between May 24 – June 15, 2011:

Issue 1: Unprepared for Clinical Tasks

Issue 2: Unavailability

Issue 3: Failure to Make the Patient a Priority

Issue 4: Failure to Perform Assessments and Gather Information About the Patient

Issue 5: Unable to Comprehend and Interpret Basic Principles and Available Data

Issue 6: Fabricates and Confabulates “cover” Stories

Issue 7: Failure to Chart and Document on Assigned Patients

Issue 8: Dishonesty

Issue 9: Falsification of Data in Patient Chart

Now one would think if these serious allegations were true and had actually been placed in Shana’s student file back in June 2011 while a student at CSU, at least two things would have happened: 1) the document would have had a space for the student to sign and would have been signed by Shana proving not only their authenticity, but that Shana had indeed been given copies of the complaints and 2) CSU’s faculty and legal team would have included these documents along with the seven pages submitted during the Student Grievance Hearing held on January 26, 2012.

Interestingly, the following was hand written at the top of the typed document, “This document was presented to Shana Thurs 1PM 6/16. I allowed her to take copy to review.” The document was signed only by a CSU faculty member.

Also included with the documents submitted to the Court was what was identified as Shana’s final Clinical Evaluation. Now according to Shana the clinical instructor, who by the way was not present when Shana was dismissed from the Program nor appeared and testified against Shana at the Student Grievance Hearing, had met with Shana to review Shana’s final evaluation, giving Shana high marks. Unfortunately, a copy of the final evaluation document was not provided to Shana.

The following are excerpts from the unofficial ‘Clinical Evaluation’ documents submitted to the Court:

“During semester, there were no complaints of lack of sensitivity by patients. However, on final clinical day…”

“Prior to last clinical experience, Shana seemed to prioritize care appropriately. However, on last clinical day …”

“During the semester, student usually facilitated patient participation in planning care. However, on last clinical day…”

“Until the last week of clinical, student provided care according to policy. On the final day…”

“Documentation throughout the course was adequate and no discrepancies noted. Documented false assessment findings on final patient.”

“No indication of lack of problem solving ability reported during the course until the last clinical day…”

“Throughout semester, there were no reported issues that student did not work with clients in planning care…on last day…”

What I find very, very interesting is the final paragraph noted on this document: “This final evaluation was never given to Shana as we never met… This is the evaluation that Shana would have received had the final evaluation meeting taken place.

Faculty: _____(I removed the typed name of the clinical instructor) RN, MSN, CNM~ __ Student: Shana (last name) —-

Date: ——– NUR382/rev.”

Now I’ll admit I really enjoy watching the Judge Judy programs. I think she applies the law in an unbiased manner, and she uses a lot of common sense when hearing cases. The first question that came to my mind after reading the submitted ‘Clinical Evaluation’ report is why in the world would someone who has done well throughout the entire accelerated nursing program (Shana’s prior clinical evaluations can prove this) risk losing it all by performing poorly on the very last patient, and even go as far as falsifying the records of this last patient.

Due to the HIPAA law I cannot divulge any information about the patient, but information about the patient’s profession and connection with CSU provided to Shana when first assigned this patient, would have no doubt made any nursing student assigned this patient perform to the very best of their abilities. As Judge Judy would say… “If it doesn’t make sense then it isn’t true.

In following her Attorney’s advice, Shana submitted her sworn affidavit in which she denied all allegations pertaining to the final patient, along with a copy of the letter from the Student Grievance Board who ruled in favor of Shana, and other documents.

Unfortunately for us the Judge found in favor of CSU. Noting the documents submitted by CSU were sufficient evidence and that the CSU faculty had good reason to dismiss Shana from the Nursing Program. And in response to the work performed by Shana’s attorney, the Judge ruled “An affidavit submitted on summary judgment must contain more than denials and conclusory assertions to create a genuine issue of material fact.”

We immediately appealed the ruling. According to Shana’s attorney, the affidavit submitted by CSU was provided by someone who did not have first-hand knowledge of the case and therefore, this was nothing more than hear-say. It was also felt a summary judgment in this situation was inappropriate. Unfortunately, the Appeals Court upheld the Court’s decision. Information found later on the web may explain why the decision was upheld.

So, after spending over $29,000 in tuition fees and expenses and over $11,000 in legal fees, the effort to protect Shana’s rights (due process) and get reimbursement for the tuition fees she’s still responsible for was over.

Many have asked if we knew then how the case would end if we would still challenge CSU in Court. The answer is a resounding “YES”.

Stay tuned to the next episode where I give my take of this case.

Part V

August 19, 2015

In part IV of my journal, I divulged what our family and friends felt was the ‘true’ reason behind my daughter’s dismissal from CSU’s Nursing Program. As noted in Shana’s speech, made before the SGB at CSU six (6) months before the dismissal, Shana had met with the University’s Ombudsman complaining about an instructor at CSU who was not assisting her with training. With the help of the Ombudsman Shana was moved into a new class. Unfortunately, a very high-ranking faculty member in CSU’s Nursing Program summoned Shana to her office after that meeting and informed Shana her actions of going to the Ombudsman and making a complaint against one of the nursing instructors had brought embarrassment to the Nursing Program. We believe this faculty member surreptitiously plotted and waited, allowing Shana to complete 95% of the in-class assignments and clinical evaluations, knowing all along she was never going to allow Shana to graduate from the Nursing Program at CSU.

At the start of the new Nursing Program at Baldwin Wallace, Shana discovered a couple of the instructors who had previously taught at CSU were now teaching at BW. We figured it was only a matter of time before certain faculty members at CSU would find out Shana was now enrolled in a new Nursing Program, but we thought by being at a different university Shana would have no issues. Boy, were we wrong! But more on that later.

Still a little apprehensive about the pending lawsuit against CSU due to the fiasco with Shana’s first attorney, I decided one day to check the ‘Court of Claims’ website. I found a document had been posted on the site on 2/12/2013 in which CSU’s legal defense team had requested that the Court dismiss the ‘Violation of 42 U.S.C. §1983’ (due process) count against CSU, and to my horror, another document posted on the site on 3/1/2013 in which Shana’s attorney had voluntarily agreed to the dismissal! We were livid.

This was the number one reason Shana had brought the lawsuit against CSU. Even though it is stated on CSU’s website that all students have certain rights, including the right to due process “as provided for by law and the University’s policies and regulations”, Shana, we felt and the Student Grievance Board at CSU agreed, had never been given that right. And now Shana’s attorney, without Shana’s knowledge or consent, consented to dismiss this major violation of her rights.

Being enrolled at Baldwin Wallace was a great diversion for Shana, and just like old times, she was once again excelling in her studies. She even entered and won an essay contest and was chosen along with several other students to represent BW on a medical mission trip to Lubec, Maine.

Right before the Maine trip though, something very strange and unexpected happened. According to Shana her assigned Preceptor, who used to compliment Shana on the great job she was doing, sent a written complaint to BW’s Council complaining about Shana’s performance.

Now please remember, Shana had already completed approximately 95% of a Nursing Program at CSU and was kicked out with only five months remaining. She is still responsible for paying the tuition fees, book fees, uniform fees and parking fees accumulated while attending CSU, which exceeds $29,000.00. Through God’s help, Shana found the courage and strength to start completely over by enrolling in another Nursing Program, at a more expensive private university. And now here Shana was being accused by her clinical preceptor at BW of poor clinical performance.

Not only did the written complaint center on Shana’s attendance, the following are some of the items noted in the letter: “…not working, just sits there. Will not help roll patients. Not attend bedside. Will not answer call lights. Will not put patients on bedpan…”

All I can say is “thank GOD” the Nursing Council at BW did not accept these accusations as the facts without first investigating. While evaluating the facts, they noted the following: “No problems were documented on midterm evaluations so the group questioned the discrepancy.” And as far as the problem with Shana’s attendance, as noted in a letter Shana submitted to a council member, the reason for the missed sessions was due to last minute schedule changes made by this very preceptor.

On July 27, 2013, I could not have been prouder. With tears in my eyes, pride in my heart, and giving all thanks to God, I witnessed as Shana graduated from Baldwin Wallace with her Bachelors of Science of Nursing Degree. On September 5, 2013, Shana passed the State Board and officially became a Registered Nurse! GOD IS GOOD!

Even to this day I’m still baffled about the accusations made in December 2012 by the preceptor at BW, which coincidentally, was almost exactly one year from the date Shana was dismissed from Cleveland State University, (December 2011).

The following event has only exacerbated my concerns and suspicions. On October 1, 2013, months after the shocking accusations by the BW preceptor, the legal team representing CSU subpoenaed Shana’s BW records including her student file. While that certainly may seem like a typical thing to do, they also specifically requested any disciplinary records! Anyone thinking what I’m thinking?

Stay tuned to the next episode when I share more unbelievable events.

Part IV

July 12, 2015

In part III of my journal I touched on after re-filing the civil suit against CSU with a new attorney, through prayers from friends and family members, I was able to convince my daughter, Shana, to find a new Nursing Program and to start over with the training. Through God’s blessing on June 12, 2012 our prayers were answered as she was accepted into Baldwin Wallace’s Accelerated Baccalaureate Nursing Program.

With that major hurdle behind us, we started preparing for the trial. According to Shana, during her Hearing held at CSU before the Student Grievance Board, the entire session was audiotaped. Additionally, information found on Cleveland State University’s website,, where student rights are discussed as well as information pertaining to the grievance procedures, under the section titled ‘What types of records are kept?’, it clearly states: …”Subsequent records would be materials submitted for the hearing and the tape recording of the hearing.” Yet when Shana’s new attorney submitted the Interrogatories to CSU, which included a request for a copy of the tape recording, CSU’s legal defense team denied its existence providing an email from the hearing’s mediator claiming these hearings are never recorded. Not only were we shocked, we were flabbergasted. We knew there had to be a very good reason why CSU’s legal defense team was claiming there was no tape recording.

The following are excerpts from the prepared speech Shana read during the January 26, 2012 hearing before the Student Grievance Board. This hearing, according to Shana was indeed audiotaped, which according to CSU’s website is standard practice. Due to the HIPAA Privacy Rule information pertaining to the patient involved in this case has been omitted.

“…Until now, I have never been involved in a hearing, so I don’t know exactly what’s going to happen today. But after reviewing the 7-page complaint that I received just yesterday, I can only assume those who are behind these false allegations of misconduct will come forth as witnesses and tell you that I am an incompetent and dishonest person… Because I had so little time to address these claims, there was no way I could gather witnesses who could dispute each and every accusation in these documents. Additionally, since being expelled from the Program, I, as well as my lawyer, have requested on numerous occasions that the School of Nursing return all of my ‘A’ graded clinical evaluation papers that would clearly prove my competency in the Program…I am here today to address my dismissal from the nursing school on 12/5/2011 because of allegations of wrongdoing. I’d like to discuss these improper and unfounded charges and tell you why I was dismissed from the nursing program without the proper cause or due process that is stipulated in the “Student Grievance Procedure” section of the university’s student handbook.

On 12/5/2011, I received a dismissal letter… that stated that I had been charged with the following offenses:

  • Endangering the welfare of a patient
  • Falsifying a patient’s medical records
  • Lying to my instructor… and the assigned nursing staff

Again I state all of these allegations are false… I also would have questioned why I received a failing grade in the clinical course when all of my grades regarding my clinical performance had been above average before this situation occurred. But I was not given the opportunity to present my case to the School of Nursing before the decision was made to dismiss me from the Program.

I believe that the false allegations that were made against me on 12/5/2011 stem from a situation that occurred in June of last year [2011]. So, I’d like to discuss that incident. I made a complaint to the University’s Ombudsman because of a violation in due process. While taking the Clinical 226 course, I had trouble with charting in the Epic System. I met with [CSU faculty member] and told her that my clinical instructor was not assisting me in clinicals. [CSU faculty member] stated that it was my responsibility to learn the charting system on my own. Feeling this could lead to more problems down the road, I then contacted the Ombudsman to assist me with the problem. The Ombudsman contacted [CSU faculty member] and requested that I be placed in another clinical group, which I was. Apparently [CSU faculty member] was upset that I had talked with the Ombudsman about the matter because later, she told me that this was very embarrassing to the School of Nursing. [CSU faculty member’s] comment worried me because I had done nothing wrong by exercising my right to ask the Ombudsman to help me solve a problem that was affecting my ability to learn.

I believe that my actions in June [meeting with the Ombudsman] led to my dismissal from the School of Nursing without proper cause or due process because there is no evidence to support the school’s claim… In closing, I would like to say that there is no evidence that my behavior in this Program has been inconsistent with the responsibilities of citizenship or the standards of nursing practice. No faculty or staff has ever witnessed any wrong doing or negligence on my part – not on the day in question or any other day.

The evidence that the School of Nursing has submitted to prove their point did not come from a faculty member or an authorized instructor at Cleveland Clinic… Furthermore, the clinical instructor for the School of Nursing was very much aware of my performance. She had given me nothing but accolades for my work prior to this incident. Yet, suddenly, she came to believe that I would neglect my patient when I had no history of this. The fact that I was not given the benefit of doubt or allowed to address the patient’s complaints before being dismissed from the Program and given a failing grade is outrageous.

And now the School of Nursing is asking this committee to condone their inappropriate behavior. It is also amazing to me that the School of Nursing intentionally neglected to provide you with any of my strong evaluations and above average grades along with their “evidence.” This further strengthens my assertions that these accusations are slanderous.

Finally, I would like to pose three questions:

Question #1: Why would a nursing student who (1) has been on the Dean’s list since starting the nursing program, (2) has completed 12 months of the Program in good standing, (3) has completed over 30 successful assessments on patients, (4) has never received one complaint from a patient, and (5) has less than 6 months before she graduates risk throwing all of her hard work and future away by misrepresenting assessment findings and falsifying legal documents?

Question #2: Why would a nursing student who has been given best wishes from the University’s Ombudsperson risk throwing it all away by committing so many violations that it takes 7 pages to list them all?

Question #3: [Omitted here because it references specific information about the patient].

…It is stated in these documents [submitted by CSU] that I was assigned the [patient] because it would have been ‘a good lesson learned’ for me. I feel the real ‘lesson learned’ here is if you go over the [CSU faculty member’s] head and bring embarrassment to the Nursing Program, your life here at CSU as a nursing student is over! I would not do any of these things because the well-being of my patients and my future are far too important to jeopardize. Thank you for the opportunity to present my case.”

During the hearing, according to Shana, the mediator had to stop the recording several times when discussions between several CSU faculty and Shana had become too heated and out of control. Shana had also informed the Student Grievance Board members she had been informed by a former classmate that after she (Shana) had been dismissed from the Program, the Clinical 226 instructor Shana had complained to the Ombudsman about was no longer at CSU. This allegation, according to Shana, was not denied or challenged by any CSU faculty or their attorney. We believe this was a major reason why the existence of the tape recording was being denied.

And in the end, after hearing CSU’s side of the story in which Shana was charged with failing to perform the necessary testing on the patient, and Shana’s side of the story in which Shana explained the events of June 2011, the Student Grievance Board members sided with Shana.

Stay tuned to the next episode when I share our experience of finding even more ‘discoveries’

Part III

July 3, 2015

In Part II, I described how after hiring an attorney to represent Shana in a civil suit against CSU, the attorney’s behavior became very problematic. Not only was lack of communication a very big problem, but his behavior was described in a letter to the court as someone who was purposely trying to “sabotage this case”.

We contacted the attorney working for a law firm located in Chardon, Ohio, who had represented Shana during her Student Grievance Hearing to see if Shana could re-file and to see if he was willing to represent her. The attorney informed us before he could accept the case, he would first have to get permission from the State of Ohio to represent Shana in a civil suit against CSU. Now some have asked if we thought it was a good idea to hire an attorney who had to get permission from the State to sue a state protected agency (CSU), but because we had failed in our attempt to find a law firm in the Cleveland area willing to take on the case, and due to the fiasco caused by the other attorney and due to the statute of limitations, we felt we had no other choice. So in January 2014, the lawsuit against CSU was re-filed. Case Number: 2013-00025.

Something that happened that I found really suspicious was from the time the first lawsuit was filed by the first attorney charging CSU with 1) Race discrimination 2) Intentional infliction of emotional distress 3) Retaliation 4) Violation of due process 5) Breach of contract and 6) Knowingly making false statements about plaintiff, until the time Shana fired him, not once did the legal defense team for CSU file to have the case against CSU dismissed.

However, as soon as the case was re-filed by the second attorney, CSU’s legal defense team immediately filed to have the case dismissed against CSU. The first questions that came to mind were had something surreptitious been going on during the first filing of the lawsuit? What would have happened had we not checked the website? Would the case have been dismissed? And was that the hidden agenda all the time?’

Now as a side note I think it’s important to mention we wanted to re-file the lawsuit against CSU using the same counts as the first case excluding racial discrimination, however, the second attorney felt we had a better chance of winning by charging CSU with 1) Negligence 2) Breach of Contract and 3) Unjust Enrichment. We were insistent that the counts ‘violation of due process’ and ‘retaliation’ be added, so reluctantly he added 4) Violation of 42 U.S.C. §1983 (Due process), and advised Shana she would be able to speak on the retaliation once she went to trial.

So now that we felt the case was being handled properly, which according to our attorney could take up to one year before resolution, I knew as a parent I had an even tougher obstacle to overcome. They say if you fall off of a horse, it’s important that you get back on and ride; in other words to attempt the same challenging action after failure.

Although Shana had completed all 12 months of in-class lectures and assignments, all clinical patient assessment evaluations and had even passed the final exam required in this accelerated Nursing Program at CSU, I had to find a way to convince her to find another nursing program at another university and to start the process all over again. So, with many family members and friends praying for her, I was able to convince Shana to get up and get going again; reminding her if she quit and gave up her life’s dream of becoming a nurse, in the end she would be the loser and certain individuals the victor.

There’s a saying ‘When God closes one door he opens a window’. During her search for a new nursing program, Shana happened upon Baldwin Wallace University’s website, and read the University was accepting applications for a newly founded accelerated Nursing Program. To our delight, she applied and was accepted into the Program. Unfortunately, because Shana was at a different university did not mean there would be no issues.

Stay tuned to the next episode when I share our experience of going through the ‘discovery’ phase in preparing for trial.

Part II

June 20, 2015

In Part I, I touched on how after completing 12 months of a 17 month accelerated Nursing Program at Cleveland State University, my daughter, Shana, was kicked out after being accused of falsifying a patient’s medical records, endangering the welfare of a patient, and lying to her instructor and the assigned nursing staff. Even though the Student Grievance Board at CSU found in favor of Shana — her dismissal was unwarranted, she was not given her due process, and animosity between the CSU faculty and Shana was definitely observed during the hearing and documented, the President of CSU failed to reinstate her siding rather with the School of Nursing.

It seems like only yesterday when Shana came home very upset informing us she had been dismissed from the Program. We asked her to explain everything that had happened and she said she had received a call that tragic morning instructing her to report to CSU where faculty members of the Nursing Program were present. She went on to tell us she was immediately handed a letter stating she was being kicked out of the nursing program due to the serious allegations mentioned above. We asked her to try to remember everything about the meeting. She said it was like an out of body experience. After reading the letter accusing her of the three (3) serious allegations, Shana asked to speak with her clinical instructor and to the patient to try to get to the bottom of these allegations, but both requests were denied. Seeing she was very upset, I asked her to try to recall the very last thing of that meeting. Without hesitation she said one of the attendees told her she was being kicked out of the Program, and then proceeded to tell Shana to “have a good day”!

The first thing that came to my mind was something more than meets the eye was going on. We decided to wait until the next day when Shana had a chance to calm down to try to find out what was really going on. The next day with clearer heads we heard plenty. More on that later.

In deciding our next move we decided to hire a law firm and pursue a civil suit against CSU in the Court of Claims of Ohio. Now I don’t know if this is just a coincidence or a well calculated plan, but trying to find a law firm in the Cleveland area willing to sue Cleveland State University was very challenging. Most of the firms declined because they stated they had had a working relationship with CSU.

Looking outside the Cleveland area we did find one attorney willing to take on our case and on March 19, 2012 signed a contract. On April 12, 2012, the attorney filed a lawsuit in the Court of Claims of Ohio – SHANA MCDADE V. CLEVELAND STATE UNIVERSITY (2012-03425).

While I initially felt we were finally on our way in getting some justice for Shana, something unexplainable happened after hiring this attorney. Unable to get updates about this case, we happened to log onto the ‘Court of Claims of Ohio’ website in mid-August 2012, some four (4) months after filing the lawsuit. It was only then that we learned the first set of Interrogatories (a set of written questions to a party to a lawsuit asked by the opposing party) submitted by CSU’s legal defense team had been mailed to this attorney on May 11, 2012, and a ‘Motion to Compel’ was filed against Shana on August 9, 2012, because the documents had not been filled out and returned.

The following is found on the ‘Court of Claims of Ohio’ website submitted by CSU’s defense counsel:
During the July 7, 2012 case management conference with this Court, Plaintiff’s counsel was asked about the status of the outstanding requests [Interrogatories]. Plaintiff’s counsel acknowledged that the requests had been received and that he had forwarded them to his client, but indicated that he was not able to provide any responses because Plaintiff had not returned them to him. After the conference, on July 11, 2012, Defense counsel again followed up with Plaintiff regarding the requests. (Exhibit C, attached hereto.) Defense counsel emailed Plaintiff’s counsel and conveyed that if complete responses were not received by July 20, 2012, Defendant would be forced to file a motion to compel. (Exhibit C.) Plaintiff’s counsel did not respond to this correspondence…

As noted in a letter written by Shana to the Judge assigned to this case when contacted this attorney claimed he had mailed the Interrogatories to Shana’s home address, and had also claimed to have emailed the documents to her. Needless to say, no documents were received by Shana. What I find most interesting is not once did this attorney ever ask Shana about the status of these documents. He never inquired if she had received them, if she had any questions concerning them or what was taking her so long to return them to him. In the letter posted on the ‘Court of Claims of Ohio’ website, Shana requested a ‘motion for an extension of time’ noting that the actions of this attorney were best described as ‘suspect’, and that she felt this attorney was purposely trying to “sabotage this case”.

The letter went on to explain after printing out the Interrogatories from the website herself, Shana answered most of the questions she could figure out the answers to, and then emailed the documents to this attorney asking him to complete the legal questions. On Saturday, September 22, 2012 at 8:00PM this attorney called Shana and told her it would be best if she would answer all questions, including the legal questions, in her own words! She was also informed she had to have the documents signed, notarized and delivered to Columbus by Monday, September 24, 2012 by 4:00PM.

On Sunday, September 23, 2012, Shana completed the questions (including the legal questions) and emailed the documents to the attorney so he could email them to Columbus, along with a note explaining the originals were being delivered the next day. However, after contacting him the next day, Monday, September 24, 2012, to inquire about the second ‘Motion to Compel’ that had been posted to the website, the attorney claimed he never received the email with the Interrogatories.

Not surprisingly, Shana fired this attorney and requested a refund of all unused funds. Included along with the refund check of only 50% of what had been paid, the attorney returned Shana’s file. And inside the file were the blank Interrogatories!
…and Shana’s request for an extension of time… ‘DENIED as moot’.

Stay tuned to the next episode when I share our experience of hiring another attorney and preparing for a case that would never go to trial.

Part I

November 26, 2014

They say you can’t fight City Hall, and for the most part I grew up believing that. Believing that the cards are somewhat stacked against you if you’re not rich, famous or a political figure. I believed standing up to the system was nothing more than a waste of one’s time and money.

But sometimes things happen to someone or something that you care about that are so unfair, unbelievable and outrageous, that the anger inside of you boils over and you say “screw it, I’ll see you in court!”

Such was the case for our family which started with an incident in December of 2011 and continues even today, years later. We would like to share with the public our experience of what happens when a common person stands up to local government. We will break our true story into several parts.

We would like to start off by saying our daughter, Shana, filed a lawsuit against Cleveland State University in 2012, and then re-filed in 2013 after hiring a different attorney. The Asst. Attorney General representing CSU requested a summary judgment, and only days before the pre-trial was to begin the Judge granted this request, and ruled in favor of CSU. So, after preparing for almost 1 ½ years for trial and spending over $11,000.00 in legal fees, our daughter was not allowed a trial nor was she able to face her accusers in a court of law.

Now I’ll admit law isn’t my profession. But from what I’ve read in order to succeed in a motion for summary judgment, the person requesting a summary judgment must show 1) there are no disputed material issues of fact and 2) the movant is entitled to judgment as a matter of law.

Well, there were indeed disputed material issues of fact. Some CSU faculty members were claiming Shana had committed some very serious offenses, and Shana was denying all of these accusations. Therefore, this suggests a summary judgment should not have been granted, but like I said, law isn’t my profession. This was just one of the many unbelievable occurrences involving the lawsuit against CSU.

Please read our entire story and if you find things that screams UNBELIEVABLE, we ask that you share our story with as many of your friends and family members as possible.

In the beginning…

In 2011, Shana was enrolled in an accelerated Nursing Program at Cleveland State University and doing extremely well. Having already earned three (3) degrees, Associates in Science, Associates in Art, and Bachelors in Health Science, it was just a matter of months before she would graduate with her degree in Bachelors of Science of Nursing, test for the NCLEX exam, pass, get a job and begin earning a living.

Having completed 12 months of classroom lectures, homework assignments, and clinical evaluations, Shana had completed the final evaluation on what would have been her last patient in this Program and was looking forward to Christmas break. After the break she was excited about returning to complete her final five (5) months of shadowing before graduating from the Nursing Program. But this was not to be!

On December 8, 2011, Shana was instructed to report to the office of the Director of Undergraduate Programs, where she was handed a letter dismissing her immediately from the Program on the grounds of ‘alleged misconduct’ –

  • Endangering the welfare of a patient
  • Falsifying a patient’s medical records
  • Lying to her instructor and the assigned nursing staff

Shana was informed her last patient had claimed Shana had not completed all required testing, therefore, the information noted in the medical chart by Shana was considered ‘falsified’. Shana fervently denied these allegations and asked to have a meeting with her instructor and the patient, however, this request was denied.

Because Shana was never given an opportunity to be heard and was expelled from the Program, we immediately hired an attorney. In following CSU’s student handbook, we requested and were granted a hearing. On January 26, 2012, a hearing at CSU was conducted before the ‘Student Grievance Board’. Present beside the Student Grievance Board members were the CSU faculty who were accusing Shana of these serious offenses, their attorney, other CSU faculty, and the mediator. Shana’s attorney was not permitted to attend the hearing. Shana’s accusers submitted a seven (7) page document detailing the alleged incident. One page was the hand-written statement provided by the patient.

On February 3, 2012, the Student Grievance Board issued the following findings: 1) Shana’s dismissal was unwarranted (her accusers provided no proof she had committed any misconduct), and 2) Shana was not afforded her due process. The Student Grievance Board also noted they sensed animosity between the CSU faculty and Shana.

These findings were to be sent to the University’s President. We were ecstatic! We had hopes that Shana would be permitted to return to CSU to complete the Program and graduate with her class in a few months. Unfortunately, the President of CSU refused to reinstate her, siding instead with the School of Nursing. So, having completed 12 months of the Program and with only a few months remaining, Shana was given an ‘F’ in the class and no longer permitted to participate in the Program.

Stay tuned to the next episode when we share our experience with trying to find legal representation when suing a state protected agency