Five former students in Texas Wesleyan University’s Doctor of Nurse Anesthesia Practice program have sued the Fort Worth-based school, alleging it dismissed them as part of a fraudulent and discriminatory over-enrollment scheme.
The complaint, filed Oct. 2 in the U.S. District Court for the Northern District of Texas, alleges the university admits about 10% more students each year than it has contracted second- and third-year clinical placements for. The plaintiffs claim a required anatomy and physiology course sequence is used to trim the cohort after students have paid a full year toward the $120,000 program.
Eight of 107 students, 7% of the class of 2027, were dismissed in spring 2025, according to the complaint.
The plaintiffs said instructor James Schmidt, PhD, called them May 20-22, 2025, to tell them they had failed his course and been dismissed, without giving numeric grades. Final exams made up 25% of each semester grade but were never posted, the lawsuit states. Plaintiff Linet Koshy, BSN, RN, said her posted passing grade of C was changed to a D after Program Director Terri Kane, DNP, PhD, called it a clerical error.
Each plaintiff disclosed a disability or medical need to the university. The lawsuit alleges the school denied accommodations, blocked access to exam and grading records during appeals in violation of the Family Educational Rights and Privacy Act, and required a nondisclosure agreement as a condition of reviewing records. Provost Hector Quintanilla, PhD, denied the final appeals April 27.
The plaintiffs bring claims under the Americans with Disabilities Act, the Rehabilitation Act and the Texas Deceptive Trade Practices Act, among others. They seek reinstatement, restitution and treble damages, and each reports more than $150,000 in tuition, lost wages and related costs.
“No equivalent program will accept a student with an academic dismissal on their record,” Jon Velie, an attorney with Plano, Texas-based Velie Global Law Firm, which represents the plaintiffs, said in an Oct. 29 news release.
Karen Cantrell, a university spokesperson, said that Texas Wesleyan University “strongly disagrees” with the allegations and will respond through the legal process.
“Texas Wesleyan is proud of its Doctor of Nurse Anesthesia Practice program, which has prepared highly skilled nurse anesthetists for decades. Our graduates serve patients in hospitals and health care systems across Texas and the nation, and we remain committed to the quality of education our students receive and the standards that guide the program.”
Ms. Cantrell said the university will not comment further on the pending litigation.
At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.
