Surgical technologists assist in surgical operations under the supervision of surgeons, registered nurses or other surgical personnel.
One of the plaintiffs, Paul Singleton of Vandalia, said he spent $24,000 at Miami-Jacobs for a two-year degree “that’s not worth anything.”
The college persuaded the court to refer the complaints to an arbitrator, citing a clause in the admission application form each student signed that waives their constitutional right to jury trial.
“All their civil remedies they signed away,” said Jane Schreyer, a Dayton attorney who represents five of the former students.
Six plaintiffs in March received their arbitration hearing dates, to be held separately from June through August. One plaintiff’s hearing is still to be scheduled, said Erin Moore, who represents the other two students.
“The school didn’t want them all together, so we’ve had to schedule seven arbitrations, even though they are all encapsulating the same issues,” Moore said.
Moore said separate arbitrations will be more expensive for the plaintiffs if they have to take time off from work to be witnesses at one another’s hearings.
Miami-Jacobs officials were not available for comment, according to Charles Sanger, a college spokesman.
According to court records, the students enrolled in Miami-Jacobs surgical technology associate degree program during 2004, 2005 and 2006. They claim they were told by college officials that the program was accredited.
However, the program was not accredited until March 2007, after six of the students had graduated and one had dropped out.
The students’ degrees were retroactive through the period the school was working on accreditation, but many of them were ineligible to take the certification exam for nearly one year after graduation. “They’re intimidated about taking the test at that point,” Schreyer said.
Singleton, the only plaintiff to have attempted the exam since the college achieved accreditation, didn’t pass it, Moore said.
The plaintiff who didn’t graduate, Heather Gomolchak of West Milton, was told the school didn’t have available clinical experiences, which were required to complete her degree.
“They tell her that she can go on her own dime to Cleveland to do her clinical work because they don’t have any place to put her,” Moore said. “Heather couldn’t do that; she’s got five kids.”
The lawsuit claims fraud and misrepresentation, breach of contract and consumer fraud. It seeks damages of more than $25,000 each, plus unspecified punitive damages, and attorneys’ fees, expenses and costs.
“It’s more than $20,000 to get this degree and then they couldn’t really do much with it,” Schreyer said.
The Ohio Board of Nursing issued notice March 22 to Miami-Jacobs about the possible withdrawal of state approval for its practical nursing program because the college failed to maintain board regulations and violated terms of a March 2008 consent agreement with the board. The college will pursue an appeal, said Faith Mitchell, campus director.
Contact this reporter at (937) 225-2419 or dlarsen@Dayton DailyNews.com.
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