A temporary injunction puts certain disciplinary steps against a Flint Hills Technical College nursing student on hold for the next two months.
During a hearing in Lyon County District Court on Tuesday, Judge Lee Fowler ordered the college to give Molly Ellis incomplete grades in her coursework instead of failing grades as a way to buy time to find a solution acceptable both to Ellis and the college. A mandatory settlement conference will take place within the next 60 days.
Ellis had filed suit against the college and nursing director Kim McNeese earlier this month, citing religious reasons. Ellis refused to get vaccinated against coronavirus because of her belief fetal stem cells were used in the vaccine’s production. Ellis reiterated her beliefs as part of her testimony during the hearing.
McNeese, meanwhile, said Ellis’ decision not to get vaccinated violated several parts of the FHTC student code of conduct, including failure to follow program guidelines, failing to follow protocols of college contracting agencies and failing to take appropriate actions to save patients. Those violations led to Ellis missing three clinical lessons this semester — enough to be considered in failing status, but McNeese held off on informing Ellis of her situation until after Tuesday’s hearing.
Ellis’ lawsuit followed an adjustment to the college handbook last month, which followed guidance from the college’s contract providers as recipients of federal funding through the Centers for Medicare and Medicaid Services, specifically Newman Regional Health, after federal vaccine mandates were announced last fall.
McNeese said “work-arounds” could be reached with other clinical facilities, but the process could take weeks or months and was dependent on finding medical partners, approving adjunct teachers and training the new staff. McNeese also says there was a significant distance involved if Newman Regional Health was replaced as a hospital partner for clinical lessons.
Additional court hearing dates may well be scheduled.
