Issue: 4/20/01
After winning the first phase of a disability discrimination lawsuit against the
University, junior nursing student Valerie Rebmann was granted permission to
enroll in Clinical 1 on April 10. Rebmann, who has epilepsy, was originally
barred from the class because nursing faculty members feared her disorder would
interfere with her practice and be a threat to patients. After D.C. Superior
Court issued a restraining order on the University in late March, Rebmann was
allowed to participate in the class.
Rebmann has received treatment for complex partial seizure disorder since age
six. She suffers several seizures a week, lasting 5-15 seconds, usually during
sleep. The seizures impair her speech, but she remains fully conscious, able to
hear and respond to people around her. The nursing school was aware of her
condition, but when Director of the Baccalaureate program in nursing Carolyn
D'Avis witnessed Rebmann in a rare daytime seizure Feb. 27, Rebmann was informed
by d'Avis that she was unfit for the clinical program and would not be allowed
to take the class. Her seizures were considered a violation of the Safe Practice
Policy, which states that "every client has the right to a reasonably competent
nurse."
Without Clinical 1, Rebmann would not be able to earn a degree in Nursing. She
and her attorney, Diane Seltzer, spoke with Dean of Students Margaret Higgins
and University Counsel Craig Parker, inviting them to interview Rebmann's
personal physician, Brian Litt, about her condition. The University refused to
speak with Litt, saying the situation needed to be settled with a physician from
George Washington Hospital, where the clinical class would occur.
Because Parker and Higgins would not accept Rebmann into the class until she was
"seizure-free" and would not speak with her physician, Rebmann filed a lawsuit
against the University in mid-March. The D.C. Superior Courts issued a two-week
restraining order on the University on March 22-23.
Rebmann and her attorney filed for a preliminary injunction hearing, but days
before the hearing, a neurologist from George Washington certified Rebmann for
the program, and the University had no grounds for further restraining her. On
April 10, the University permitted Rebmann to participate in the clinical. She
will finish the class this semester, making up the two clinical sessions that
she missed.
Although Rebmann accomplished her goal when she was allowed to return to the
class, the lawsuit will continue in a disability discrimination suit against the
University and D'Avis in particular for an unspecified limit of monetary
damages. The court date is set for June. Rebmann says the lawsuit "isn't a
vengeful thing" and that she "just wanted to get [the nursing] degree." Although
she has considered transferring out of Catholic, Rebmann said, "right now, I'm
going about studying and learning ... I'm here."
Parker said the University was disappointed with Rebmann's decision to take the
issue to the D.C. Superior courts since "the student chose to engage a lawyer at
a time when the university was attempting to coordinate a response that would
accommodate the student ... and still protect the safety of patients while
allowing the student to continue pursuing her degree." However, although Rebmann
reports "tension" between herself and D'Avis, Parker says "the University has
been careful to protect the student's confidentiality and has continued to
provide support and services to the student."
Seltzer said that "for someone (Rebmann's) age to have to fight for an education
she has been paying for was shocking" and that Rebmann has "remained focused on
her goal." Rebmann says "my purpose is: I want to be a nurse." She plans to work
with epileptic patients after earning her degree.