Final Reply Motion To Sanction Defendant PDF

Case Docket No.
17-11888
Case Docket No. 17-12134
Case Docket No. 17-12376
_________________________________________________________
UNITED STATES COURT OF APPEALS FOR

THE ELEVENTH CIRCUIT
_______________________________________________________
NAUSHEEN ZAINULABEDDIN
APPELLANT
v.
UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

APPELLEE
________________________________________________________
MOTION OF REPLY IN RESPONSE TO APPELLE’S OPPOSITION

TO APPELLANT MOTION FOR SANCTIONS AND RESPONSE OF
OPPOSITION TO APPELLEE’S REQUEST FOR SANCTIONS OR
OTHER APPROPRIATE RELIEF
_______________________________________________________
APPELLANT
Nausheen Zainulabeddin
4409 West Varn Avenue
Tampa, FL 33616
nausheenkhawaja@gmail.com
Pro Se
April 14, 2018

UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
Case No. 17-11888

Case No. 17-12134
Case No. 17-12376
NAUSHEEN ZAINULABEDDIN
Appellant,
versus
UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

Appellee(s)
MOTION OF REPLY IN RESPONSE TO APPELLE’S OPPOSITION
TO APPELLANT MOTION FOR SANCTIONS AND RESPONSE OF
OPPOSITION TO APPELLEE’S REQUEST FOR SANCTIONS OR
OTHER APPROPRIATE RELIEF
___________________________________
COMES NOW, Nausheen Zainulabeddin, Pro Se, pursuant to Fed. R.
App. P. 27(a)(4) files Reply in response to Appellee’s opposition to
Appellant’s motion sanctions, with Appellee’s request for sanctions or other
appropriate relief.
RELEVANT BACKGROUND
1. Appellant has set forth relevant procedural history in depicted form in
Exhibit 1 of this motion.
2
2. On August 21, 2017; Appellant conferred with opposing counsel via
e-mail that she is planning on including FOIA Response from US
Department of education, Office of civil rights regarding her
complaint, Investigation and appeal from March 20, 2014 to
December 16, 2015 for OCR Case no. 04-14-2321 and 04-14-2487.
Appellant stated that she needs extension, because there has been a
delay from FOIA response, but she was stated that it will be sent by
the end of August 2017. She also stated that she prefers to include her
FOIA response in her brief with respect to judicial economy, since
USCA for the Federal Circuit ruled on the merits of the case, but
denied jurisdiction on July 27, 2017. Appellant’s intent was to not file
a Petition for Writ Certiorari to the US Supreme Court and resolve the
collateral issue stated and approved in her in forma pauperis
application for her appeals to this court. The relevant documents were
included in her in forma pauperis application at the district court
(granted under federal question jurisdiction).
3. On August 23, 2017; Appellee accepted her seven-day extension to
file her Appendix.
3
4. On October 2, 2017, Appellee filed motion to strike Appellant’s brief
for incorporating FOIA response in her opening brief.
5. On October 10, 2017, Appellant filed an amended brief (excluded
FOIA Response) and response to their motion for sanctions.
6. On October 31, 2017; the court denied motion for sanctions and
granted her amended brief.
7. Appellee filed their Reply brief and Supplemental appendix, on
11/30/17 and 12/07/17, respectively.
8. Appellant did not receive Appellee’s supplemental appendix within
specified time.
9. Appellant filed her reply brief on December 28, 2017 by retrieving the
supplemental appendix via pacer.gov and filed a motion to file reply
brief out of time.
10. This court granted her motion to file reply brief out of time on
3/01/2018.
11. On February 13, 2018 at 1:12 p.m. EST (duration of call relatively
one minute); Appellant called the case manager, Mr. Caruso regarding
a question if she should file a motion to this court requesting a
4
permission to file a supplemental brief for an injunctive relief
(Appellant’s preference due to context of her case) or should she
simply file a motion for injunction. The Case manager, Mr. Caruso
responded that filing a motion for injunction relief is sufficient (figure
1).
Figure 1. Phone call to Case Manager, Mr. Caurso regarding motion for
injunction versus supplemental brief.
12. Appellant had planned to file supplemental brief which would be
appropriate due to type-volume limitations, intervening case law, and
her pending suit at the federal court of claims that is directly related to
5
this case. Therefore, Appellant filed time-sensitive motion for
enlargement of motion for type-volume limitation on March 13, 2018.
Appellant mailed the motion via USPS Priority mail, that contains
additional service of redirecting the motion while it is in transit. This
court considers the motion is not filed until it is received by the court.
And due to the fact the motion is a time-sensitive, and directly related
to her case pending at the Federal Court of Claims. In fact, she had
received a two-week extension to file her Motion to Dismiss at the
Federal Court of Claims for that reason as stated in her motion (copy
of judge order was included). Thus, the time-sensitive motion would
be moot if the motion is not ruled on by the court within seven days.
13. On March 19, 2018, Appellant conferred with the counsel of why they
had not responded to her time-sensitive motion since 3/10/18. She
also stated, that by now, her time-sensitive motion is moot since it had
to be ruled on by the court within seven business days. Thus, she
stated an in her e-mail to opposing counsel which can be construe as
her intent to simply withdraw the motion since it is moot. Regardless,
6
the Appellee filed a response to her motion, which was unnecessary
(Exhibit 2).
14. Appellant mailed her response on March 23, 2018 and was filed at
this court on March 26, 2018. She filed her response to motion to
dismiss on March 28, 2018.
ARGUMENT
Appellant’s motion is time-sensitive because as stated in her original
motion for enlargement; that she intends to seek preliminary injunction
for reinstatement to medical school as a rising third year medical student
(Figure 2). The motion is time sensitive, which can be further understood
with respect to USF MCOM’s substantive policy. In 2014, nearly one
year from her dismissal from medical school in 2013; Appellant initiated
petition for readmission proceeding (Exhibit 3). She conferred and
requested the Vice Dean, Interim Dean and then subsequently new Dean
of USF MCOM from February 2014 to May 2014; if she can file petition
for readmission on the date that was stated to her by former Vice Dean,
Dr. Monroe in her meetings from July to September 2013. She was stated
that she could file petition for readmission by Dr. Monroe on March 14,
7
2013 (i.e. one year from original dismissal date), and thus would enable
her to start third year with the new class (Exhibit 3).
Figure 2. USF MCOM tentative 3rd year start date.
The new Vice Dean, Dr. Bognar stated that based on his interpretation of
the policy in the USF MCOM Handbook, she can file for petition for
readmission on March 14, 2013 as the former Vice Dean had suggested.
However, Dr. Bognar suddenly changed his position and stated she can
file her Petition for Readmission on May 28, 2014 (i.e. from the last day
of internal grievance proceeding, 5/28/13). The sudden change of date,
8
caused unsurmountable hardship and further exacerbated by the sudden
dismissal in 2013 and administrative error relevant to the complaint of
this suit. The new Vice Dean stated the new change of date, causing
additional three-month delay was due to alternative policy interpretation
by Dr. Steven Specter and also Registrar, Ms. Cook. As early as March
2014; she had provided all relevant documents to the new Vice Dean that
will be presented in support of her petition for readmission. She also
stated verbally and also via writing to ensure that Dr. Steven Specter has
no association, knowledge or interference with her Petition proceedings
due to conflict of interest situation. Nevertheless, as evident by defendant
misconduct during discovery proceeding at the district court, i.e.
withholding production of relevant documents. The registrar forwarded
all of her communications regarding her petition for readmission
proceedings to Dr. Specter stating “FYI” (A-1617 to 1622) (Exhibit 3,
Figure 3, 4, 5). Appellant was given confirmation by Dr. Bognar that Dr.
Specter will have no involvement in the last administrative remedy
available to her, thus she did not want him to deprive her of due process
by abusing his power.
9
Figure 3. E-mail to Dr. Bognar and Registrar instructing that Dr. Specter
involvement in Petition for Readmission proceedings will be conflict of
interest situation. And confirmation that he will not have any
involvement.
10
Figure 4. FYI to Dr. Specter, i.e. Conflict of Interest.
11
Figure 5. Dr. Specter interference in Petition for Readmission
proceedings and his “alternative interpretation and thus sudden change in
policy” causing hardship.
12
In one of the meetings with the new Vice Dean, Dr. Bognar, had
instructed Appellant to create a tentative calendar for starting third year
and petition for readmission proceedings. He also gave her insurance that
alternative policy interpretation will not have any impact on her being
able to complete medical school on time; her reinstatement needs to be
granted by June 9, 2014 (Exhibit 6).
Figure 6. Reason for time-sensitive motion for injunctive relief.
13
Regardless, Appellant did not want to be deprived of three months, thus,
she conferred with the Vice Dean regarding the hardship that sudden
change has imposed and he stated she can file her Petition, but may
receive denial (Exhibit 3). On April 22, 2014, the interim dean denied her
request to petition and stated she can file her petition in May 28, 2014.
Appellant discussed with the new vice dean that she did not deserve to be
in a disadvantaged situation in comparison to her peers, due to default;
which in fact, was due to University’s error. Subsequently, the new dean
replaced the interim dean on May 5, 2014, and the new Vice Dean spoke
to the new Dean, Dr. Lockwood to review the interim dean decision. She
was stated to wait until May 28, 2014 (Exhibit 3). The reason Appellant
did not want to start three months later was because it places a student in
a disadvantage situation, deprives the student of their status quo in the
designated class, delay in all future administrative proceedings at school
with respect to the class and will impose hardship and stigma in the
administration. Furthermore, she was unaware of this new petition date,
thus, imposed additional strain on her family with respect to finances,
14
costs and at that time she had to move out of her apartment since her
lease was ending at that time, May 28, 2014 (Exhibit 3).
The time frame and proceedings that was counseled by Vice Dean
regarding Petition for Readmission proceedings, are similar in nature
with respect proceedings for injunctive relief, since the class start date are
the same. Appellee should have replied to Appellant e-mail or filed their
response to the motion within 2-3 business days, because the pressing
motion was contingent court schedule at FCC (Exhibit 7).
15
Figure 7. E-mail to Department of Justice for Case pending at Federal
Court of Claims. Request for extension to file pleading at Eleventh
Circuit. Order granted by Judge of FCC to file forgoing pleading on
March 29, 2018.
16
However, the opposing counsel replied to the motion on the day it
became moot. Though, counsel may have the right as per Eleventh circuit
rules, to respond to a motion within ten business days, as stated in their
motion of opposition. However, appellee did not exercise with due
diligence, reasonable care and respect to the merit of the motion based
the context of the situation. Furthermore, Appellee mocks by filing the
motion on the day the motion becomes moot. Furthermore, additional
stress that Appellant had to endure due to “out of court retaliation”, an
emergency flight to Chicago on March 20, 2018 due to USF FCU
“technical procedures” (i.e. waiting nearly one month and calling her at
calculated time, i.e. when she was leaving out of town, to tell her that she
is liable for accrued towing fees of one month and completely depleting
her financial state, i.e. federal student loans, Exhibit 5). Thus, the fact
Appellee filed the response on the day when the original motion became
moot, primarily due to “technicality”; disrespecting Federal court of
claims proceedings, interfering with alternative court proceeding.
Appellant has stated her intention to withdraw the motion, since it is
moot now. Furthermore, the intent was to deprived her of time to prepare
17
a motion to dismiss at federal court of claims. The court can infer based
on Appellee’s conduct at this court that sanctions should be imposed and
or appropriate relief.
Appellee continues to misrepresents facts and states the argument
regarding the hazard of pursing litigation due to their administrative error
of not disclosing her diagnosis on time for two years. Furthermore, they
consider her due diligence proceeding as “vexatious”; when the
defendant has not responded why facts and evidence relevant to collateral
estoppel, after her dismissal in 2013 was never omitted by her former
counsel and defendant. After her case was dismissed in April 19, 2017;
Appellant took an emergency flight to Tampa, FL and recused her
counsel and filed motion for reconsideration to include pertinent
documents, i.e. Petition for Readmission proceedings from February to
August 2014, and US DOE Investigation from September 2014 to
December 2015 (Exhibit 1).Defendant did consider them relevant since
they are included in the exhibits list in the pretrial order. Furthermore, it
is apparent that they had forced her to submit NBME disability services
application after reviewing her documents and statement; with
18
knowledge that it will be denied and give them the basis as “evidence as
it is included in their exhibit list in pretrial order”. Such argument
became baseless, when Appellant received approval from NBME DS in
April 3, 2017, and thereafter, her transfer school lost accreditation for
ECFMG eligibility on April 13, 2017; and her case was dismissed nearly
1-2 weeks before pretrial conference date, on April 19, 2017.
Furthermore, Appellee joins two unfortunate situations without
foundation, i.e. TIPS Report to Tampa Police for suspicious activities
since pursuing litigation from 2017 to 2018 and her first cousin’s death in
2012. Appellee unprofessional tone and also context of usage of two
separate situations mentioned in her opening brief in August 28, 2017
(cousin’s death) and TIPS report reference in her recent motion filed on
March 26, 2018 is a misrepresentation. As stated in her opening brief, her
29-year old first-cousin had ADHD diagnosis and she could have
benefited from Appellant’s diagnosis if it was revealed to her on time by
the University in 2010. Appellant, or any human for that matter has a
right to know their medical diagnosis, so that they can take appropriate
medications, seek treatment and make recommended adjustments to
19
better manage their condition. If Appellant had known about her
confirmed diagnosis and that she was eligible for disability services, she
could have stated to her family member who was at an at-risk situation.
Her cousin in summer of 2010 was contesting her nursing school status
for reinstatement. Nevertheless, her cousin’s life took a negative turn,
and ultimately led to her suicide in December 7, 2012. It is noteworthy
for the court to know that Defendant used the deaths in her family to
conceal their gross negligence from 2010 to 2012 (Exhibit 4). After her
cousin death, the Doctoring preceptor fabricated her mid-term doctoring
evaluations. In Doctoring Course Director’s deposition; her former
counsel asked Dr. Stock why her midterm evaluations were changed
from passing to failing after the date it was signed. The last day of
midterm evaluation was November 28, 2012; that is the day the students
meet the doctoring preceptor to discuss their evaluations. Thus, a change
after the designate date, without the student’s knowledge is fabrication of
records, Figure 8. During deposition, doctoring course director, Dr. Stock
refused to answer the question regarding fabrication of records. Placed in
a difficult situation; she requested to speak to the counsel represented the
20
University in the middle of the deposition. However, she was not allowed
since it deviates from the court rules and procedures. She subsequently
had no answer for the fabrication of record for the deposition.
Furthermore, as stated to this court, Dr. Stock interfered with her Petition
for readmission proceedings in 2014; preventing her from obtaining her
doctoring evaluations from 2009-2012., stating “no ammunition should
be given to this student”. This was because it would question the
credibility of the fabricated second year midterm evaluation dated
November 28, 2012. Whereas, it would expose the same second-year
midterm evaluation she had passed in her first attempt of second year in
2011 (Exhibit 4, Figure 8 and 9).
21
Figure 8. Comparison of Second year Doctoring Evaluations in 2011-
2012 and fabricated doctoring evaluation in 2012-2012 evaluation after
cousin’s death.
22
Figure 9. Inconsistencies in doctoring evaluations in academic year
2012-2013 (when discovered USF MCOM error of misrepresentation and
cousin’s death) versus evaluations from 2009-2012.
Appellant has the first amendment right to report activities that she
reasonably considers as veiled and personal threats due to hazard of the
vexatious litigation proceedings. She provided relevant documents and
facts for the court; in which one can infer why Appellant is reasonably
concerned of such coded indirect threats. Though, Appellant does not
23
have financial means to expose defendant’s retaliation via surveillance;
however, she can point to unusual coincidences in which it is apparent in
the face that there is presence of “out of court” misconduct by defendant.
Appellant has tried her best to bring to this court the intrinsic fraud that
has led the single-judge court to determine the disposition of her case;
when the constitutionality of a state statute that conflicts with the intent
of Congress of Federal Statute, HEA 1965 for Federal student loans as
per contractual relationship with the United States and relevant evidence
that was deceptively omitted by defendant and stonewalled as evident by
Defendant’s conduct in vexatious proceedings.
Conclusion
For the forging reasons and reasons set forth in Appellant’s pleadings
viewed holistically of defendant’s conduct. Appellant pleas this court to
impose sanctions on defendant and other appropriate relief.
24
I declare under penalty of perjury that the forgoing statements is true and
correct
Executed on April 14, 2018
________________________
Nausheen Zainulabeddin, Appellant
Dated: April 14, 2018
_____________________ _______________________
(Date) (Signature of Appellant)
Tampa, FL 33616
25
CERTIFICATE OF COMPLIANCE
I hereby certify that:
1. The foregoing Brief for Nausheen Zainulabeddin complies with

the volume limitation of Fed. R. App. P. 28(d)(2) because the brief contains
___2,600___ words.
2. The motion complies with the typeface requirements of Fed. R.

App. P. 32(a)(5) and the type style requirements of Fed. R. App. 32(a)(6)
because it has been prepared in proportionally spaced font using Microsoft
Word Office 365 Version 15.21.1 in Times New Roman 14-point font.
_____________________________
Tampa, FL 33616
26
CERTIFICATE OF SERVICE
I hereby certify that on April 14, 2018, a true and correct copy of the
forgoing motion and exhibits, with first class postage prepaid has been
deposited in the U.S. Mail and filed with the Clerk of the Court for the U.S.
Court of Appeals for the Eleventh Circuit and counsel for the defendant-
appellee.
Clerk of the Court for the

United States Court of Appeals for the Eleventh Circuit
56 Forsyth Street N.W.
Atlanta, GA 30303
Defendant-Appellee(s)
Ms. Lori Mans and Mr. John Dickinson
200 West Forsyth Street
Suit 1700
Jacksonville, FL 32202-4317
________________________ __________________
Plaintiff Date
27
EXHIBIT 1
29
1 2008 July 2008: USF Counseling Center, gave “informal ADHD diagnosis”
USF MCOM Medical Science Masters GPA 3.73, MCAT 21 (low Verbal
Reasoning Score)
2 September 2008: passed MCAT (i.e. verbal reasoning score doubled

with ADHD medications)
3 2009 May 13, 2009 Accepted to USF MCOM
July 2009, Failed Medical Science Masters Gross Anatomy Course (was not on
4 medications for first test, because diagnosis was “informal”)
5 August 2009, started medical school (ADHD medications)
November 2009, Passed first block of medical school , Molecular Medicine:

6 with above average (was on ADHD medications)
March 1, 2010, went to Associate Dean of Student of Affairs because failed

a cardiology block exam and revealed her ADHD Diagnosis, was passing all
7 2010 courses at that time, referred to USF Counseling Center and HELPS
Counseling Center (USF MCOM Affiliated center for med students)
March 2, 2010: USF Counseling Center recommended

8 accommodations and Neuropsych exam for formal diagnosis
March 16, 2010: HELPS Counseling Center recommended

9 leave of absence for neuropsych eval
March 17, 2010: Meeting with Associate Dean of Student of Affairs revealing
30 10 summary of Referrals: stated medical school will not recognize ADHD diagnosis by
USF Counseling Center and LOA suggested by HELPS is not necessary
11 May 2010 Failed First Year of Medical School , failed comprehensive final
exam because ran out of time. After failure, stopped ADHD medications
based on HELPS Counselor’s recommendation
12 June 2010, APRC Letter stated to complete Neuropsych Eval
13 August 05, 2010, Completed Neuropsych eval paid/arranged by USF MCOM

Office of Student Affairs
14 October 2010: met with Dr. Specter, he stated he had Neuropsych Results and
nothing came out, no diagnosis or need of accommodations, hence remained
off of ADHD medications
15 2011 May 2011: Passed year 1 (note there was no final comprehensive
final exam due to structural changes in curriculum
16 July 2011: Started Year 2
October 2011: Failed Block 1, went to Dr. Specter and asked if neuropsych
17 report stated anything (i.e. ADHD diagnosis and need for accomodaitons as
recommended by HELPS Counseling Center to ask Dr. Specter. Dr. Specter
stated nothing came out of the report.
18 December 2011: Dismissed from USF MCOM
31
19 Jan 2012: APRC denied Appeal and recommended that if any family
2012 illness or death occurs, ask for extensions (note: had no extensions from
2009-2012)
20 Feb 6, 2012: Asked Dr. Specter for Neuropsych Eval conducted on

08/05/2010 for Dean’s Appeal.
21 Feb 7, 2012: Discovered the report revealed ADHD Diagnosis and

need for accommodations
Feb 8, 2012 Dr. Specter apologized for Error from 2010-2012, and stated
22 that he will arrange the case to go back to APRC for review and no need for
Dean’s Appeal
Feb 14, 2012: Went to USF Counseling Center and provided

23 Neuropsych eval dated 08/05/2010; and went back on
ADHD medications
APRC Letter dated Feb 16, 2012: Reinstated, but placed on academic
24 probation standing, not refunded for tuition 2009-2010, 2011-2012 and
stated to pay Kaplan USMLE Course + housing prior to start of Year 2
March 28, 2012: USF Disability Services Accepted

25
Accommodations
27 Started Year 2 with ADHD medications and

accommodations
32
28 March 11, 2013, Passing Grades as of Date:
2013 Block 1: 78% [passing standard 74%)
Block 2: 70% passing standard 70%)
Block 3: 75% (passing standard 74%),
March 12, 2013: Denied Accommodations for USF NBME

29 Comprehensive Exam. Stated none was ordered and/or available
March 13, 2013: Had technically Passed EBCR II Exam (as per discovery), but
was falsely stated that she had failed based on “repeating student
30 standard”. Note: Appellant Withdrew in December 2011, and did not take
EBCR II Exam in 2011-2012 Academic Year . EBCR II was also incomplete,
because “new addition to course for repeating student”
March 14, 2013: E-mail from Doctoring II that she failed Doctoring Course
because of “subjective evaluations”. The subjective evaluations
31 contradict Doctoring II passing Eval from 2011-2012; and also 2009-2011,
grades were still incomplete, b/c “new addition to course.
32 March 15, 2013 Dismissed from medical school
33 March 22, 2013: Successfully Remediated EBCR II, with 90% on

EBCR I and II Comprehensive Exam
March 28, 2013: Successfully Passed USF MCOM NBME

34 Comprehensive Exam above the benchmark (after several
33 requests, accommodations was provided and an exam was

ordered specific for students with disabilities (after dismissal)
35 April 2013: Successfully passed Doctoring II Remediation
May 28, 2013: Dean’s Committee sustained dismissal.

36
June-September, 2013; Met with Vice Dean, Dr. Monroe regarding conflict of
37 interest and Dr. Specter’s fraudulent statement in Appeal meeting serving as
“advocate”
38 October 25, 2013 Letter from Vice Dean: denying conflict of interest in APRC
and Dean’s Appeal in 2013., recommended to Petition in 2014.
39 March 20, 2014: Filed complaint to US DOE OCR of Atlanta on March 20, 2014.
April 9, 2014: US DOE OCR Final Agency Decision, Denied to

Investigate. FIOA Response August 30, 2017, indicated the assigned
40 case manager “wrongly reported” the events and denied based
expiration of time. Despite, evidence and complaint clearly stating
the events.
41 June 25, 2014: Dean’s Petition for Readmission Hearing of Petition

filed on May 28, 2014.
42
August 22, 2014: Denied Petition for Readmission
34
USF MCOM Petition for
Readmission Final Decision of U.S. DOE OCR Atlanta
U.S. D.O.E. OCR
Case filed at Florida Case Terminated
Denial by Dean on August 22, Complaint Accepted State Court 13th District
Final Agency on Jan 22, 2016 and
April 20, 2017
2014 for Investigation on
Decision December Transferred on March Florida Middle
(Stated Count I-VI in Petition ) September 25, 2014
(Discriminatory Act) 16, 2015
17, 2016, 28 USC 1331, District
28 USC 1332
Motion for Reconsideration

filed on May 1, 2017
Supplemental Jurisdiction 28
Notice of Appeal to USCA 1367, Review of OCR Final Notice of Appeal to USCA 11th
Federal Circuit (in forma Agency Decision December
pauperis approved May 26, 16, 2015 Circuit
2016) evoking Tucker Act
Jurisdiction
35
Appeal Notice of Appeal to USCA
Notice of Appeal to USCA 11th Circuit (wrongly
Federal Circuit (in forma transferred)
pauperis approved May 26,
2016)
Opening brief filed August 28, 2017
(containing arguments and documents from
in forma pauperis application (September 5,
Petition for Panel Rehearing Denied 2017)
on July 27, 2017, ruled on merits but
denied jurisdiction
USCA 11th Circuit denied to review and accept
USCA FC Denial Petition of 1 documents relevant to merits of Notice of
Appeal USCA 17-12134 and in forma pauperis
Panel Rehearing
application accepted May 26, 2017 on October
“Possible Reasons” 31, 2017
[inference based on the
minimalist response] U.S. Supreme Court: Filed Motion for 2
1) Original Complaint filed Leave to File Petition for Writ
in state court not district ct. Certiorari for Federal Circuit Out of
Time (Review US DOE OCR Final
“denied jurisdiction
2) Tucker Act Jurisdiction
not Little Tucker Act Agency Decision, Sovereign since original complaint
Immunity Waiver) November 2, 2017
filed in state court”
36
7/11/17, FIOA Request for Appeal 17-
4c + Avoid time/costs of 8 U.S. Supreme Court
12134 & USCA FC 17-2083 1 3a 4b 11/9 U.S. Sup. Ct. Motion to 2a 2b 4a 4b
FIOA Response Received 8/30/17 2b Direct Clerk to file Petition for
10/26/17, Petition 11/30/17, Appellant
Federal Circuit out of Time,
for Writ for Federal Reply to Response
17M65 5b
7/27/17, USCA Federal Circuit, Petition for Circuit filed at U.S. dated 11/20/17 5d
Supreme Court 5a 11/20/17, Appellee
Panel Rehearing Denied, ruled on merits
but denied jurisdiction 1 respond in opposition
to file Petition out of
Jul. Sept Oct. Nov. time 5c 2017
Aug
8/24, Appellee accepted 10/2, Appellee Motion to USCA 11th Circuit

request for extension to 10/31/17, Court ruling denial to
strike brief and Sanction for
file Appendix with FIOA including documents agreed sanction and include addendum,
11/30/17, Appellee
Response (containing corrected brief without addendum
on 8/24/17 4a filed Response Brief
documents stated in IFP accepted
4c via ECF 6a
application for Federal 9/5 Appellant filed Appendices and
Circuit & 11th Circuit, Corrected brief filed
Appeal 17-12134 10/5, Appellant filed Opposition to Motion to
9/12, Motion to include Addendum,
(**Jurisdiction issue**) i.e. Motion for Reconsideration to strike/Sanction brief filed corrected brief without
2a supplement of ruling 8/28 3b Addendum. 4b
9/18, Defendant contacted Appendices 4-7
8/28, Appellant Brief Filed
missing filed on 09/8/17 10a
8/28, Two Court ruling: Note: Appellant is a full time student and
9/19, Def. Final Confirmation receipt of
1. Denial of Motion to Supp. Had finals from 10/15/17 to 10/21/17;
3a Appendix & Brief
2. Denial of Motion to E-file 7c Needs to do well on finals to keep her financial aid (see 10b, 10c)
37
11/27/17- 12/22/17: Poverty; No Financial Aid. Transfer Offshore Caribbean medical school lost accreditation due to fraud and irregular Factors: U.S. Supreme Court
behavior from World Health Organization. Stole Appellant's USMLE registration, Tuition Down payment, Tuition and collateral damages
& Federal Court of Claims &
which ruined her credit. After 07/2017; 14 delinquent accounts since 07/2017 to present. Consequently impacting her current situation, have
no means to pay for food, negative balance in bank account; Notice of Eviction from Apartment (12/14), Notice to Posses loaned Vehicle. Department of Ed. Appeal
Cannot reasonably financial strain parents (parent has heart condition). US DOE/FA Adverse Credit History Appeal filed 12/15-12/22/17. (Financial Aid) & Personal
10b
12/08/17, U.S. Supreme Court rulings 1 4c 5e
denied Motion to Direct Clerk to File
12/13/17, Federal Court of Claims, 01/03/18, Father admitted to Hospital for
Petition of Writ Certiorari for the
Federal Circuit Out of Time 5e Filed Complaint and Notice of Emergency Cardiac Surgery
Directly Related Case FRCP 40.2 8 10c
Dec 2017 Jan 2018
12/02/17, Appellant Received 6b 12/15/17, USCA 11th Circuit Filed Notice 2a 4a 4c 7c 6b 7e 8 10b
Def. Response Brief at her of Directly Related Case at the Federal 01/02/18, Motion to Direct Clerk to File
Tampa address Court of Claims 8
Reply Brief Out of Time for Reply Brief filed
(parents/permanent residence) on 12/28/17
12/15; 12/22; 12/26; Appellant called Case 9b
Manager about Appellee’s missing Supp. Appendix. 7b
12/07/17, Appellee filed
Supplemental Appendix via 12/27/17, Appellant paid via ECF to download Supplemental Appendix 7d
ECF 7a ? 12/28/17, Filed Four copies of USCA 11th Circuit Reply Brief 9a
12/30/17, Appellant received Supplemental Appendix in her Tampa Address

(Appellee sent Supp. Appendix to Chicago Address on 12/07 as stated in letter 12/28, Def. 7e
USCA 11th Circuit wrote wrong address and also did not sent to Tampa address as they did 12/02/17 6b
38
08/05/2010: Neuropsych Eval paid by 02/08/2012: Discovered USF MCOM Error of 2010-2012
USF MCOM Student of Affairs
02/16/2012: Reinstatement w/ apology but later discovered; reinstatement was a “retaliation for
12/2010 to 02/2012: USF MCOM exercising her rights”; she was placed in hostile environment: academic probation and faulted for
University’s error (i.e. no expungement of records or refund) and faculty had orchestrated her failure,
Student of Affairs ERROR i.e. used 2012-2013 to “Create evidence” to escape their liability for their error from 2010-2012
(medical and academic)
12/2011: USF MCOM Dismissal #1 03/14/2013: USF MCOM Dismissal #2
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
US DOE OCR Investigation 2014-2015

“LOGICAL RELATIONSHIP TEST” 03/14 to 08/22/2014: USF MCOM Petition for Readmission; Dean’s Committee
Review of 2009-2013
*see Exhibit 1 1 4c 5e
08/29/2014 to 12/16/2015: U.S. Department of Education
COLLATERAL ESTOPPEL Investigation of University discriminatory conduct and
continual violation of aggrieved actions from 2009-2014.
FED. CT. CLAIMS SUIT (Counts I to VI filed on 01/22/16: OCR Case No. 04-14-2487)
FILED 12/13/2017
CASE NO. 1:17-CV-01955-MMS 01/22/2016: Lawsuit Suit filed at the state court of allegations that
US DOE OCR investigated, OCR Case no. 04-14-2487
NOTICE OF DIRECTLY RELATED CASE 03/17/2016: Transferred to Federal District Court, 28 USC 1331
39
EXHIBIT 2
40
4/14/2018 Gmail - Motions
Nausheen Zainulabeddin <nausheenkhawaja@gmail.com>
Motions
Nausheen Zainulabeddin <nausheenkhawaja@gmail.com> Mon, Mar 19, 2018 at 8:45 PM
To: "Mans, Lori" <lmans@constangy.com>
Dear Ms. Mans,

I have not received your intention to file an opposition for a motion to enlargement for the motion that I had intended to
file, i.e. motion for an injunction pending appeal.

The timesensitive motion that was filed on 3/13/18 (dated 3/10/18), will, in fact, be considered moot since it was not ruled
on by a specified time; i.e. file for a motion for an injunction within 10 days of filing the motion for enlargement. Please let
me know if you intend to object the motion for enlargement if you do not; then I believe the case manager can rule on the
motion if the party does not object to enlargement of the word limit.

Since this is time sensitive as stated in the motion, and I did not receive your intention in regards to objecting the
enlargement of the timesensitive motion, and the motion pending, filed on 3/13/18. Nevertheless, the motion will be
considered moot by tomorrow, 3/20/18 (since the motion was signed on 3/10/18).

Thus, I plan to file a motion for an injunction within the word limit, 5200, due to time sensitivity, since I have no option and
also since I did not a response from you, within a specified time so that the clerk can rule on an unobjected motion
quickly.

I had planned on updating the case manager regarding your intention as soon as I received your email response (if you
did not have an objection), since the clerk/case manager can rule on unopposed motions that are procedural in nature.
However, I did not receive an email confirming or your intention to object; regarding my intention to enlargement the
motion for 1000 words; the motion could not be ruled on by specified time as it was its purpose, thus, will be moot by
tomorrow.

Nevertheless, please let me know if you had intended to file an objection for enlargement.

Thank you and I apologize in advance for the inconvenience.

Nausheen

[Quoted text hidden]
41
https://mail.google.com/mail/u/4/?ui=2&ik=b26971b2b0&jsver=z8_jB6tB0LQ.en.&view=pt&msg=16240de71cc109d0&search=sent&siml=16240de71cc109d0 1/1
EXHIBIT 3
42
March&12,&2014&
&
Dear&Dr.&Bognar,&&
&
Thank&you&for&allowing&me&to&briefly&discuss&my&matter&through&email.&I&am&applying&
for&petition&for&readmission,&which&is&allowed&for&a&former&USF&MCOM&student&one&
year&after&their&dismissal.&I&was&dismissed&on&March&15th&2013.&I&am&applying&for&
readmission&as&potentially&starting&with&a&standing&as&a&3rd&year&USF&MCOM&student&
for&the&class&of&2016.&The&reason&why&I&stated&the&importance&of&time&frame&
regarding&my&situation&was&because&organizing&an&Dean’s&committee,&potential&
acceptance&for&readmission&and&to&apply&for&NBME&accommodations&which&requires&
minimum&60&day&processing&and&take&STEP&1&and&start&3rd&year&in&early&May&would&
require&expedite&process&and&a&matter&to&be&addressed&early.&The&usual&standard&is&
for&a&student&to&approach&this&matter&to&Student&of&Affairs,&however,&due&to&the&
technicality&of&the&situation&(which&I&will&convey&to&you&in&our&meeting&on&March&21,&
2014),&I&felt&it&is&appropriate&to&meet&with&you&regarding&the&situation.&Due&to&the&
sensitive&and&private&information&associated&with&the&situation,&I&have&decided&to&
send&you&the&corresponding&the&letter,&which&contained&detailed&summary&of&the&
situation&and&supporting&documents&until&after&our&meeting&at&your&discretion.&
However,&I&would&greatly&appreciate&if&we&cannot&further&delay&the&meeting&date&as&
time&plays&a&critical&role&for&the&outcome&of&a&successful&petition&for&readmission.&&
&
&
&
Sincerely,&&
&
Nausheen&Zainulabeddin&&
&
43
8/1/2016 RE: Petition for Readmission (Zainulabeddin, Naus... - Zainulabeddin, Nausheen
RE: Petition for Readmission ﴾Zainulabeddin, Nausheen﴿
Bognar, Bryan
Mon 3/24/2014 5:36 PM
Inbox
To: Zainulabeddin, Nausheen <nzainula@health.usf.edu>;
Cc:Cook, Marrissa <mcook@health.usf.edu>;
Nausheen,

Based on my understanding of the sec on of the Student Handbook outlined below, you are eligible to pe on for
readmission at this me.

Sincerely,

Bryan Bognar

From: Zainulabeddin, Nausheen
Sent: Monday, March 24, 2014 1:51 PM
To: Cook, Marrissa
Cc: Bognar, Bryan
Subject: RE: Pe on for Readmission (Zainulabeddin, Nausheen)

Marrissa,

I was able to find an email from you from last year which confirms the date of when the APRC letter was ready (original
dismissal date). The attached document confirms that the APRC letter that was ready on March 19th 2013 and I had
potentially picked it up. I would like an confirmation from Dr. Bognar as well that it is acceptable for me to apply for
readmission at this time period. From my knowledge, Dr. Specter and Dr. Monroe had stated that I was able to apply after one
year from the date of original dismissal (in the case: March 19th 2013).

Thank You

From: Cook, Marrissa
Sent: Monday, March 24, 2014 10:22 AM
To: Zainulabeddin, Nausheen
Cc: Bognar, Bryan
Subject: RE: Petition for Readmission (Zainulabeddin, Nausheen)
Nausheen,

I am happy to make a copy of any documents you need. Please complete the attached form, indicating the specific
parts of your file that you would like. I do ask that you sign and return the form ahead of time so that I have time to
prepare the copies before you pick them up. I can also mail them to you if you prefer that.

As a side note, we do not record any action on your transcript until the appeals process has been exhausted.

Regards,

Marrissa Cook, MA
Registrar, USF Morsani College of Medicine

We have moved! Our new office is in MDA 1040B.

To: Cook, Marrissa
Cc: Bognar, Bryan
44

https://outlook.office.com/owa/?viewmodel=ReadMessageItem&ItemID=AAMkAGVmZWEwYzBlLTBjYTQtNDYxNC05ZDgxLWVlOWMyZWU3YzAxNABGA… 1/3
Dear Marissa,

The last appeal in May does not affect the timing of the petition. Dr. Monroe clarified this to me in our last meeting; she
had stated that I would be eligible to apply for readmission from the date of my original dismissal which was March 14th
2013 (at the APRC meeting). I do recall Dr. Specter had stated the same last year. From my understanding and the
guidance I have received; appeals are not an "action of dismissal", but a plead for the original dismissal to be
overturned or sustained. I can not locate my original dismissal letter dated in March of 2013. Is it possible you could
please locate that for me and email Dr. Bognar and me the actual date on the dismissal letter. I would also like to have a
copy of the letter so I can attach it to the readmission letter and if possible you can send me an electronic copy or I can
pick it up from the Registrar office. In addition, I wanted to know if it is OK to provide supporting documentations along
with the readmission letter?

Thank You

Cc: Bognar, Bryan
Dear Nausheen,

Thank you for your email. My role in the readmission process is to provide documents and take notes on the
proceedings, but I will consult with Dr. Bognar about the process for scheduling such a meeting. Dr. Specter is
usually the person who helps to schedule these meetings after a letter has been submitted to the Dean of the
college.

Please see the text below which I copied from the Student Handbook:

6. Petition for Readmission Following Dismissal
a. A student who has been dismissed from the Morsani College of Medicine and who is no longer enrolled may
seek readmission by written request to the Dean of the Morsani College of Medicine. Such requests require
compelling data to support an argument for reinstatement and may be made no sooner than one year after the date
of dismissal.
b. Consideration of such a request, if accepted by the Dean, will be reviewed by a Committee of five members of
the faculty of the Morsani College of Medicine to be appointed by the Dean ad hoc. That Committee will make a
recommendation to the Dean for his/her consideration and action. The decision of the Dean is not subject to
appeal.

Dr. Harry van Loveren is currently the interim Dean, and you may forward a written request to him. His office is in
the CMS building if you would like to drop the letter off with the front desk, or you can mail a letter to 12901 Bruce
B. Downs Blvd, MDC 2, Tampa, FL 33612. Please keep in mind that your last appeal was in May 2013, and I do
not know if that will affect the timing of your petition.

Regards,

Marrissa Cook, MA


45
To: Cook, Marrissa
Cc: Bognar, Bryan
Subject: Petition for Readmission (Zainulabeddin, Nausheen)

Dear Marissa,

My name is Nausheen Zainulabeddin. I was dismissed last year on March 15, 2013. The USF MCOM Student Handbook states
that a student is eligible to petition for readmission from one year of their dismissal. I have spoke to Dr. Bognar last friday on
March 21st, and he suggested that I contact Registrar to ask what are the appropriate steps regarding the steps to file for
petition for readmission. Due to the conflict of interest situation associated with my case, Dr. Bognar has accepted last friday
that he will serve as the mediator in lieu of Dr. Specter regarding the process of my petition. I would appreciate all future
concerns/aspects regarding my petition to be forward it to Dr. Bognar. I am also requesting the directions regarding the steps
to apply for readmission, i.e reinstatement letter, letter of recommendation from faculty, transcripts and etc. I will be applying
for the class of 2016. Due to the urgency of time sensitivity regarding my case, i.e. time frame required for reinstatement,
applying for NBME accommodation which requires 60 day processing and 3rd year which starts on May 5th; I would
appreciate the registrar to try their best to expedite the process to avoid any further delay of processing.

Thank You

46
RE: APRC Letter 3/24/14, 1:30 PM
RE: APRC Letter

Zainulabeddin, Nausheen
Sent:Tuesday, March 19, 2013 9:14 AM
To: Cook, Marrissa
I will pick it up. Thanks
Nausheen Zainulabeddin, MS II
USF Morsani College of Medicine

Sent: Tuesday, March 19, 2013 9:11 AM
Cc: Heldreth, Macaulay
Subject: APRC Letter
Hi Nausheen,
Your APRC letter is now ready. Did you want to come pick it up from the Registrar’s Office, or would you
like us to mail it the address we have on file for you?
Our next scheduled APRC meeting will be on April 4th.
Regards,
Marrissa
Marrissa Cook, MA
12901 Bruce B Downs Blvd MDC 32
Tampa, FL 33612-4799
Room: MDC 1007
Phone: (813)974-0828
Fax: (813)974-4619
Email: mcook@health.usf.edu
hsc.usf.edu/medicine/registrar
!
This transmission may be confidential or protected from disclosure and is only for review and use by the intended
recipient. It must be treated and stored by the recipient in a confidential manner. Access by anyone else is unauthorized.
Any unauthorized reader is hereby notified that any review, use, dissemination, disclosure or copying of this information, or
any act or omission taken in reliance on it, is prohibited and may be unlawful. If you received this transmission in error,
please notify the sender immediately. Thank you.
!
!
!
!
https://webmail.health.usf.edu/owa/?ae=Item&t=IPM.Note&id=RgAAA…hlowWuke%2fJAACMfu1AAAAJ&a=Print&pspid=_1395682203590_614921562 Page 1 of 1
47
March 8, 2014
Dear Dr. Bognar,

This is the course of events/issues I wanted to discuss with you during our meeting
on 3/6/2014. I have also uploaded all of the supporting documents I have stated in this
letter in Appendix which is at the end of the letter and in a drop-box folder which I will
be sending to you (supporting documents in drop box sharing folder are abbreviated as
DBF No in the letter) and if required you can cross-reference at your discretion.
On Feb 2010 I declared my medical ADHD diagnosis to Dean Student Affairs of

University of South Florida Morsani College of Medicine, Dr. Specter after struggling on
exams and failure in medical science graduate course, which prevented me from
obtaining my masters degree (DBF No.5). Dr. Specter violated of the University's
policies USF MCOM Handbook Section IV, E, 1, a, iii, (c) in not placing me on Leave of
Absence to take a neuropsychological evaluation to determine the underlying cause of my
academic deficiency and if I would be eligible to classify for IDEA and ADA and would
benefit from resources provided by Student Disability Services of academic adjustments
and auxiliary aids to successfully pass the academic year of 2009-2010 (DBF No.3). I
was misguided in the academic year of 2009-2010 and hence subjected me to failure of
first year of medical school (DBF No.5). I was subsequently referred to take the
neuropsychological evaluation sponsored by USF MCOM during the summer of 2010
(Appendix 3). However, the referral service Dr. Schoenberg was negligent in completing
the results in a timely manner (there was four month delay until the results were
completed and I also did not receive an informed consent of my underlying deficits and
appropriate protocol to pursue (Appendix 3). The medical provider also failed his
fiduciary duty to refer my results to the Dean of Student Affairs (Appendix 2). In
addition, Dr. Specter also failed his fiduciary duty to obtain my results and subjected me
to misinformation, false results and contributory negligence (Appendix 2).
I was dismissed from MCOM after failing all examinations in academic year
2011-2012 (DBF No.5 & DBF No.6). After going through appeal process, I ultimately
“discovered” my true results after two years on February 6, 2012 (Appendix 2). I was not
provided with a medical report and the results conveyed to me verbally for past two years
by Dr. Specter were false (Appendix 2). Due to the misconduct, negligence, tort, breach
of fiduciary duty I could not be on ADHD medical treatment (DBF No. 4), apply for
48
academic adjustments and auxiliary aids to USF Student Disability Services in a timely
manner and hence subjected me failure of academic year of 2009-2010 and 2011-2012
(DBF No.5). After discovering my true results, Dr. Specter apologized for his mistake to
the APRC committee and me and I was reinstated back into USF MCOM on Feb 16 2012
(DBF No.6 and Appendix 2). I asked Dr. Specter numerous times if my tuition could be
reimbursed for the academic year, which I was subjected to negligence; hence I was
denied (DBF No.3). All of my failure grades remained in my transcripts and were held
against me in the APRC decision on March 14, 2013 and in the APRC appeal and Dean’s
appeal and ultimately led to my dismissal (Appendix 1).
When I was reinstated back into medical school for the academic year 2012-2013;
I gave my report to my Psychiatrist and got back on ADHD medications (DBF No.4) and
applied for accommodations (Appendix 4). In March 2012, USF Student Disability
Services approved my application for special accommodations; reduced distraction free
environment and extra time on examinations (Appendix 4). With appropriate standards
for my disability, I was able to pass all of the objective examinations successfully in the
academic year 2012-2013 (DBF No.5) except EBCR (DBF No.2 and DBF No. 3).
Unfortunately, on December 2012 my 29-year-old cousin who I grew up with
committed suicide and on Feb 2013 my grandmother passed away (Appendix 5). I
requested extensions on examinations and was granted. However, no further extensions
were granted after my grandmother’s death and I was “hazed” to take an examination on
the spot or otherwise I would receive a “0” for the last exam in Course 7 (DBF No.1 &
DBF No.3). I took several examinations few days after my grandmother’s death (which I
had to make up due to my cousin’s death) without being fully prepared. Fortunately, I
was able to pass them, except EBCR exam by one question (DBF No.2). I was notified
about failing courses a day before my dismissal and hence, did not have the opportunity
to appeal my grade or further discuss the administrative errors associated with the course
directors (DBF No.1). In addition, grades on my transcripts affected by medical
negligence and Dr. Specter’s failure of his fiduciary duty were also held against me in the
APRC meeting on March 14, 2013 and in the appeal hearings and ultimately led to my
dismissal (Appendix 1). I underwent two-appeal process in a state of shock and after
experiencing two recent deaths in the family and medical negligence for past two years.
49
Dr. Specter was also present in all of my appeal hearing, which was clearly a conflict of
interest (DBF No.1). Though I had passed the CBSE above the passing benchmark (DBF
No.9) and successfully remediated courses (DBF No.2) that were affected by the recent
deaths and other administrative errors (DBF No.3); my appeal was not accepted and
hence, I was not allowed to take USMLE Step 1 and start 3rd year with my class
(Appendix 1).
I met with Dr. Monroe several times after the appeals stating all of the concerns
(Appendix 6 and DBF No.1 & DBF No.3) and even stated that I had an USMLE NBME
score of 220 after two month of study period (DBF No.9). She stated that it would be
appropriate to apply for readmission next year (Appendix 6). Such negligence violated
my rightful procedural due process to take USMLE on time and proceed 3rd year with my
class. Due to administrative errors and negligence, I have been subjected to setback of
three years of my career, more debt, and financial and emotional injury to my family and
me. I want to state that my parent’s income is below poverty line. And subjecting a
student and its family to such negligence and hardship was beyond acceptable despite the
fact that a student had passed all of the exams and courses.
After my dismissal, I experienced post adjustment disorder and with time coped
to the best of my ability. I requested Kaplan Medical Team if I can repeat an Kaplan
Medical USMLE Classroom Anywhere Online Course again since the first time I was
enrolled I was not on medications and did not have accommodations. My ADA Kaplan
application to Kaplan Disability services was accepted and I was granted to take the
course for free (DBF No.9). I attended all of the classes for four months and watched
online-demand videos and completed quizzes (DBF No.9). I subsequently was able to
further strengthen my background knowledge and continued to work on my weaknesses.
I have completed 2-3 USMLE Q-banks (USMLE RX, Student Consult, Robbins Qbank
and Kaplan Qbank) and passed practice Kaplan Diagnostic with a 210 and NBME
Simulation Exam with a 220 (DBF No.9). I am reviewing subjects periodically on regular
basis to maintain it fresh in my working memory (DBF No.9).
I have also gathered all of my previous educational records from childhood to
present so I can successfully apply for NBME accommodations (DBF No.5). I recently
took Neuropsychological Evaluation sponsored by Florida Department of Education
50
Vocational Rehabilitation on 3/7/2014. My evaluator at the end of the test notified me
that the informal results from her observation during the exam seemed similar to the
previous Neuropsychological Evaluation that was conducted on 08/05/2010 sponsored by
USF MCOM. To apply for petition for readmission and NBME accommodation on time
and to potentially start the 3rd year with the class of 2016 in early May, I have requested
the head of the department of the organization that recently conducted my
neuropsychological evaluation exam if they can have the formal results ready as soon as
possible.
Another concern I had was regarding my status on USF website on Oasis (DBF
No.8). After passing the remediation and dropping scholarly concentration course and
using Colloquium in lieu for the mandatory elective requirement of 2nd year curriculum
(DBF No.2); my status on Oasis changed from 2nd year to an third year active student and
I was registered for a 3rd year Med Professional Class (DBF No.8). I assumed that there is
a mistake because according to USF MCOM Handbook, a student is not considered a
third year until they have successfully passed USMLE. However, it was an utmost
concern, when I applied to Federal Loan Servicing for Economic Hardship and
Forbearance on my student loans. The Fed Loan service representative stated to me on an
email on 1/29/2014 (DBF No.8) and many times before in a telephone conversation that
USF MCOM Financial Aid office has been reporting to them that I am still considered
“in school” status. I have corrected the error with Fed Loan Servicing and now I am
under Forbearance status due to Economic Hardship (DBF No.8). However, I just wanted
clarify the discrepancy regarding my status on Oasis.
I have addressed to you a short synopsis of the series of events that have led to my
current situation. I have attached in this document a short abbreviated appendix of the
supporting documents of what I have stated in the letter. The appendix includes the
Dean’s appeal decision dated on 5/28/2013 (Appendix 1), the emails from Dr. Specter
and Dr. Schoenberg proving that I had been a victim of medical negligence and breach of
fiduciary duty for two years (2010-2012) (Appendix 2), Neuropsychological Evaluation
conducted on 08/05/2010 which states that the report was not completed until 12/2010 (4-
month delay) (Appendix 3), accommodation acceptance letter from SDS on 3/2013
(Appendix 4), death certificate of my 29 year old cousin and grandmother (Appendix 5)
51
and a letter I gave to Dr. Monroe after the appeal on 7/1/2013 and her response to my
letter dated 10/25/2013 (Appendix 6).
I want to state that I feel uncomfortable working with Dr. Specter for readmission
due to conflict of interest. I am humbly asking you how to proceed with petition for
readmission and possible course of action to take to remedy the situation.
DBF No. Files
Through drop-box folder sharing feature, I will be sharing with you the documents
abbreviated in the letter as DBF No._ through my personal email
(NausheenZain@yahoo.com). In the folder, I have included sub-folders (DBF No.) that
include supporting documents regarding the course of events that I have stated in this
letter. The documents included in the folder are:
DBF No. (Drop Box Folder Number.)
• DBF No.1- Chronological Course of Events leading to my dismissal/appeal

hearings and remediation
• DBF No. 2- Grade Appeal folders for the courses I failed: Doctoring, EBCR and
ICM and Scholarly Concentration. The folder contains emails, grades, evaluations
and summary of the administrative errors due to breach of course syllabus, LCME
guidelines and USF MCOM Student Handbook 2012
• DBF No.3- Administrative Errors in which had affected my academic
performance and violation of OCR and discrimination based on my disability.
• DBF No.4-Medical Reports from Physicians, USF Counseling Services and
HELPS counseling services.
• DBF No.5-Chronological Academic History (pre-school to present) and personal
ADHD history
• DBF No. 6-All APRC letters from last 4 years
• DBF No. 7-NBME Accommodation issue from last year
• DBF No.8 Current 3rd year active student/Fed Loan Servicing Forbearance status
• DBF No.9- Current USMLE preparation summary
After you have received the folder, I would greatly appreciate if you could please send me
a confirmation email stating that you have received the folder and obtained the
documents successfully. You can read the documents at your pace if necessary and we
can further discuss your opinion regarding the situation during our meeting on 3/21/2014
at 10 AM or you can email me before the appointment at your discretion.
!
!
!
52
!
!
!
Documents included in this letter:
Appendix 1- Dismissal letter dated on 5/28/2013
Appendix 2- Emails from Dr. Specter and Dr. Schoenberg !
Appendix 3- Neuropsychological Evaluation conducted on 08/05/2010 !
Appendix 4- SDS accommodation acceptance letter on 3/2013!
Appendix 5- Death certificate of my 29-year-old cousin and grandmother !
Appendix 6- Letter I gave to Dr. Monroe dated 7/1/2013 and her response to my letter
dated 10/25/2013.
53
8/1/2016 RE: From Nausheen Zainulabeddin - Zainulabeddin, Nausheen
RE: From Nausheen Zainulabeddin
Tue 3/25/2014 7:45 AM
To: Bognar, Bryan <bbognar@health.usf.edu>;
Dear Dr. Bognar,
I believe you would need to have an dropbox account to have access to the "dropbox sharing folder feature". To create an
account is free of charge. However, I will drop an USB drive to Ms. Rivas by today and make sure she can fully access the
files in the USB drive and give you the drive or transfer the files to your database.
Thank You
From: Bognar, Bryan
Subject: RE: From Nausheen Zainulabeddin
Nausheen,

for whatever reason, I am having some trouble nego a ng the drop box website. I will need to get copies of these
documents thru a different method.

Bryan Bognar

Sent: Friday, March 21, 2014 1:19 PM
To: Bognar, Bryan
Subject: From Nausheen Zainulabeddin

Dear Dr. Bognar,

It was nice meeting you today. Thank you for agreeing to guide me through the petition for readmission process and
acknowledging the conflict of interest situation. I have attached a letter that summarizes key points from our meeting today.
The supporting documents mentioned in the letter are in a dropbox folder which I will be sharing with you through my health
email address. The complete letter with supporting documents will be in the folder called "Top 5 to read" and the document is
called the No.1 File. The letter will guide you to the documents with confidential information which I feel comfortable sharing
with you due to the situation such as death certificates, medical records, complaints and also appeal for grade change
documents and etc. The documents contain a lot more detail than what I presented to you today in our meeting.

I apologize for requesting to expedite the process, however, third year starts on May 5th for the class of 2016 and NBME
requires 60 day processing for accomodations and one to be enrolled in the MD program. If you have any updates regarding
how to proceed through the petition for readmission process, please do not hesitate to email me. I will continue studying for
USMLE Step 1 and working on my readmission letter this weekend. I have attached Readmission letter outline in the Top 5
folder as well. I will be sharing the dropbox folder through my health email. I would kindly appreciate if you can email me an
confirmation that you have received and can successfully access the contents in the drop box sharing folder. I would
recommend reading documents in the Top 5 Folder first. I have also included my current neuropsych report which I just
received from my evaluator, however, it has to undergo few minor corrections and can send you the corrected one after it is
complete at your request.

Thank You and I apologize for going over the time limit in our meeting today. And hopefully Match Day
was a success!

54
March&26,&2014&
Dear%Dr.%Bognar,%%
%
I%came%by%yesterday%on%3/25/2014%and%gave%my%USB%drive%to%Ms.%Rivas%to%give%to%you.%
Your%door%was%open%at%the%time%and%I%asked%Ms.%Rivas%if%she%can%transfer%the%files%to%
your%computer.%I%hope%all%of%the%folders%were%transferred%successfully.%These%are%the%
documents%that%contained%the%following%documents%in%the%Zainulabeddin%Petition%for%
Readmission%Folder.%It%contains%10%folders:%
%Top%5%to%read%
%%%%%%And%%
%DBF%No.1%to%DBF%No.9%Files.%
%The%contents%within%each%folder%are%listed%below.%I%would%appreciate%an%confirmation%
that%you%have%received%the%contents%listed%below.%%
%
Thank%You%
%
%
%
Nausheen%Zainulabeddin%
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
55
&
&
!
Zainulabeddin!Petition!for!Readmission!Folder!
FOLDERS:!!
Top!5!to!read!
Documents%
• No.10&Read&First&Letter&with&Appendix&
• No.20&Compliants&200902013&
• No.30Readmission&statement&
• No.40&March0May&Appeal&Process&2013&
• No.50&Zainulabeddin&March&7&Neuropsych&Evaluation&
&
1. DBF!No.1!
Document%
2. DBF!No.2!!
Folders%
(1) Course%6%and%ICM%Remediation%
Document%
• ICM&SOB&Remediation&PPT&
• BMS6042&syllabus&
• Remediation&ICM&and&course&6&Complaint&
• Subjective&ISM&Remediation&Email&
&
(2) Doctoring%Remediation%
Document%
• Doc&2&Syllabus&2&
• Doctoring&preceptor&Compliant&
• Doctoring&Remediation&compliant&
• Final&Clinical&Exam&
• OSCE&
• Remediation&PDF&
• Station&2&NZ&PDF&
(3) EBCR&Remediation&
Document%
• EBCR&Failure&and&remediation&
• EBCR&Remediation&
• EBCR2&Syllabus&Final&2012&
• Scan&16&
• Scan&17&
&
&
&
&
56
&
(4) Scholarly&Concentration&Remediation&&
Emails%
• Dropped&Scholarly&Concentration&
• Sadaf&Aslam&Email&
• Scholarly&concentration&Issue&
• SCP&course&
• SCP&drop&course&
• SCP&issue&
3. DBF.!3!
Document%
• No.2&Dr.&Specter&Complaint&
4. DBF.4!
PDF%Files%
• HELPS&counseling&Sessions&
• Neuropsych&Eval&2010&
• USF&Counseling&Reports&
&
5. DBF.!5!
Documents%
• Nausheen’s&Chronological&Academic&History&
• No.&3&ADHD&history&&
6. DBF.!6!
Folder%
%%%APRC%Letters%
• June&7&2010&
• May&13&2011&
• Feb&21&2012&
• May&28&2013&page&1&
• May&28&2013&page&2&
• Oct&25&2013&&
7. DBF.!7!
Document%
NBME&Issue&
&
8. DBF.!8!
PDF%files%
• Fed&loan&12/21&forebearance&
• Fed&Loan&Dec&17&forebearance&
• Fedloan&error&“in0school&status”&
• Forebearance&approved&
• Registration&status&
• Student&information&
&
57
&
&
&
9. DBF.!9!
Documents%
• August&20130present&Quizlet&notes&
• CBSE&
• DCE,&Kaplan&Diagnostic&etc….&
• Dr.&Soylu’s&remediation&feedback&
• Enrollment&Kaplan&
• Kaplan&USMLE&schedule&
• Qbanks&Finished&
• USMLE&WORLD&subscription&
&
58
March&26,&2014&
Dear%Dr.%Bognar,%%
%
I%came%by%yesterday%on%3/25/2014%and%gave%my%USB%drive%to%Ms.%Rivas%to%give%to%you.%
Your%door%was%open%at%the%time%and%I%asked%Ms.%Rivas%if%she%can%transfer%the%files%to%
your%computer.%I%hope%all%of%the%folders%were%transferred%successfully.%These%are%the%
documents%that%contained%the%following%documents%in%the%Zainulabeddin%Petition%for%
Readmission%Folder.%It%contains%10%folders:%
%Top%5%to%read%
%%%%%%And%%
%DBF%No.1%to%DBF%No.9%Files.%
%The%contents%within%each%folder%are%listed%below.%I%would%appreciate%an%confirmation%
that%you%have%received%the%contents%listed%below.%%
%
Thank%You%
%
%
%
Nausheen%Zainulabeddin%
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
&
59
&
&
!
Zainulabeddin!Petition!for!Readmission!Folder!
FOLDERS:!!
Top!5!to!read!
Documents%
• No.10&Read&First&Letter&with&Appendix&
• No.20&Compliants&200902013&
• No.30Readmission&statement&
• No.50&Zainulabeddin&March&7&Neuropsych&Evaluation&
&
1. DBF!No.1!
Document%
2. DBF!No.2!!
Folders%
(1) Course%6%and%ICM%Remediation%
Document%
• ICM&SOB&Remediation&PPT&
• BMS6042&syllabus&
• Remediation&ICM&and&course&6&Complaint&
• Subjective&ISM&Remediation&Email&
&
(2) Doctoring%Remediation%
Document%
• Doc&2&Syllabus&2&
• Doctoring&preceptor&Compliant&
• Doctoring&Remediation&compliant&
• Final&Clinical&Exam&
• OSCE&
• Remediation&PDF&
• Station&2&NZ&PDF&
(3) EBCR&Remediation&
Document%
• EBCR&Failure&and&remediation&
• EBCR&Remediation&
• EBCR2&Syllabus&Final&2012&
• Scan&16&
• Scan&17&
&
&
&
&
60
&
(4) Scholarly&Concentration&Remediation&&
Emails%
• Dropped&Scholarly&Concentration&
• Sadaf&Aslam&Email&
• Scholarly&concentration&Issue&
• SCP&course&
• SCP&drop&course&
• SCP&issue&
3. DBF.!3!
Document%
• No.2&Dr.&Specter&Complaint&
4. DBF.4!
PDF%Files%
• HELPS&counseling&Sessions&
• Neuropsych&Eval&2010&
• USF&Counseling&Reports&
&
5. DBF.!5!
Documents%
• Nausheen’s&Chronological&Academic&History&
• No.&3&ADHD&history&&
6. DBF.!6!
Folder%
%%%APRC%Letters%
• June&7&2010&
• May&13&2011&
• Feb&21&2012&
• May&28&2013&page&1&
• May&28&2013&page&2&
• Oct&25&2013&&
7. DBF.!7!
Document%
NBME&Issue&
&
8. DBF.!8!
PDF%files%
• Fed&loan&12/21&forebearance&
• Fed&Loan&Dec&17&forebearance&
• Fedloan&error&“in0school&status”&
• Forebearance&approved&
• Registration&status&
• Student&information&
&
61
&
&
&
9. DBF.!9!
Documents%
• August&20130present&Quizlet&notes&
• CBSE&
• DCE,&Kaplan&Diagnostic&etc….&
• Dr.&Soylu’s&remediation&feedback&
• Enrollment&Kaplan&
• Kaplan&USMLE&schedule&
• Qbanks&Finished&
• USMLE&WORLD&subscription&
&
62
8/1/2016 RE: From Nausheen USB Drive - Zainulabeddin, Nausheen
RE: From Nausheen USB Drive
Bognar, Bryan
Wed 3/26/2014 12:08 PM
Inbox
So confirmed.

Bryan Bognar

Sent: Wednesday, March 26, 2014 10:48 AM
To: Bognar, Bryan
Subject: From Nausheen USB Drive
Dear Dr. Bognar,

I have attached the document which contains the contents of the USB drive which I gave to Ms. Rivas yesterday on March
25, 2014 to transfer to your computer. I would like an confirmation from you if you have received the following contents listed
in the attached document to this email.
Thank You
63
8/1/2016 RE: Meeting w/Nausheen Zainulabeddin - Zainulabeddin, Nausheen
RE: Meeting w/Nausheen Zainulabeddin
Mon 3/31/2014 2:27 PM
To: Rivas, Milene <mrivas@health.usf.edu>;
Dear Ms. Rivas,
I apologize there was a change in the situation and I had to forward other up to date documents for the meeting. Dr. Bognar
stated in an email that he prefers the meeting on Friday. Please disregard my previous email and keep the scheduled
appointment for Friday 4/4/2014 at 3PM and I will pick up the clinical evaluation at that time as well.
________________________________________
To: Rivas, Milene
Subject: RE: Meeting w/Nausheen Zainulabeddin
Hey Milene,
I tried to call the office today. However, Wendy told me that you maybe out of the office until this afternoon. I called in regards to
rescheduling the appointment with Dr. Bognar. Currently, I have set the appointment with Dr. Bognar on April 4 at 3:00PM. I
wanted to know if I can switch it to an earlier date this week. I know you had mentioned on Friday 3/28/2014 that Dr. Bognar was
available tomorrow ﴾4/1/2014﴿. If those slots are still open, I would like to reschedule the appointment anytime tomorrow before
2:00PM ﴾I have a doctors appointment at 3:00 PM in clearwater﴿. I believe due to the situation and the timing issue, Dr. Bognar
was able to read the files/documents and expedite the process and emailed me Friday regarding the issue.
Thank You
________________________________________
Sent: Friday, March 28, 2014 9:38 AM
To: Bognar, Bryan
Subject: Accepted: Meeting w/Nausheen Zainulabeddin
When: Friday, April 04, 2014 3:00 PM‐3:30 PM.
Where: Dr. Bognar's office ﴾MDC 1107﴿
64
8/1/2016 NBME Accomodations Issue - Zainulabeddin, Nausheen
NBME Accomodations Issue
Wed 4/2/2014 12:24 PM
1 attachment ﴾8 MB﴿
NBME Decision.pdf;
Dear Dr. Bognar,
I had a question regarding the NBME accommodation issue. Last year while I was undergoing the appeal process, Dr. Specter
suggested to me that since the application for accommodation takes lengthy time; I should submit my request as soon as
possible. I submitted my application to take Step 1 on 4/10/2013 (was dismissed 3/14/2013). After going through several
websites and forums and NBME guidelines; it came to my realization that one should not apply for Step1 if they have been
dismissed even if they are undergoing the appeal process. After discovery of this information; I called my NBME disability
coordinator right away and told her about my situation (dismissal and undergoing appeal process and that I have a lot more
information/records to include in my application; but can't due to my dismissal standing) and to put my application on hold
until the decision comes forth regarding my potential reinstatement. If NBME records its phone calls; they can retrieve my
request to put my application on hold due to my standing. However, my application was reviewed anyways and the decision
was given to me. I believe it may have been due to a letter Dr. Specter gave to NBME that I had successfully passed the 2nd
yr curriculum (with treatment and accommodations); and my telephone conversation and statement that I currently
dismissed, probably contradicted and thats why they proceeded with the application and gave their decision. (I am not sure).
Ultimately, I withdrew my application to take Step 1and was able to get partial refunded.
However, I wanted to know what to do about it if reinstated. How do explain this discrepancy to NBME? I have completed a
NBME accommodation application and folder (still requesting some letters from my current physician, Dr. Maher), however, it
would be beneficial to have an experienced Disability coordinator or someone who has worked with application for
accommodations to look through your files and records and see if there is anything that maybe missing and would need
further documentation (i.e Bobby Collins, Dr. Stevenson, USF SDS?) We can discuss this as well as the petition for
readmission letter in our meeting on Friday. However, I have attached NBME decision from last year (based on the fact that
my application was incomplete). And I will bring the NBME Folder with me to our meeting.
65
8/1/2016 RE: From Nausheen Zainulabeddin regarding meeting... - Zainulabeddin, Nausheen
RE: From Nausheen Zainulabeddin regarding meeting on 4/4/2014
Sat 4/5/2014 2:43 PM
1 attachment ﴾271 KB﴿
Fedloan error %22in‐school status%22.pdf;
This is the email received from FedLoan that our financial aid reported "inschool" status. Note that I have corrected it to
Forbearance, however my Oasis still states that I am a 3rd year MCOM student for the class of 2015.
Thank You
Sent: Saturday, April 05, 2014 2:38 PM
To: Bognar, Bryan
Subject: From Nausheen Zainulabeddin regarding meeting on 4/4/2014
Dear Dr. Bognar,
Thank You for further advice regarding the petition for readmission/reinstatement. I apologize for all the files I may have
given to you and confused you to what is important. The only document that I essentially wanted you to read was the No. 1
Letter to Dr. Bognar in the Top 5 Folder. Everything was just supporting documents of the statements I made in the letter. I
have decided after our meeting that I will be sending my letter to Dr. Loveren next week with the additional letter I sent to
you regarding the discrepancy in the interpretation of the policy stated in the handbook, the accepted date to apply for
readmission which was was stated to me last year and how the new date stated to me recently would prohibit me from
graduating and starting residency on time. In addition, I would still appreciate if you could clarify how much "elective" time a
student could potentially use for Step 1 studying (in this case for the petition for readmission and application for NBME
accommodations). From my knowledge and guidance that was provided to me last year, it is 4 weeks and the next rotation
starts in early June for a student to be eligible to graduate with their class and start residency on time. As a side note stating
from experience, a student should not be encouraged (if it can be prevented) to not start residency on time because it can
have financial/psychological impact on the student and their family and accrue more interest on their loans and loss of
potential earning as a physician.
I also had a question which I mentioned in my initial meeting with you regarding my registration status at USF which states
that I am a MCOM student with a "third year standing" and our financial aid department reported throughout the year that I
was "inschool standing" until I further clarified this discrepancy to FedLoan representative and my status is now changed to
"forbearance". I have attached to this email stating the error. Please let me know of why there is an error regarding my status
and report to FedLoan.
I had some few questions and since time is a crunch, I am just trying to work out an effective way to move things as quickly
as possible if reinstatement is considered. I want to clarify that I don't want to anything unless it is approved under the
ethical standards of our college and if my interpretation deviates from the accepted norm, please advise me and I will correct
my action. There are three processes that would require at expedite level if reinstated, first is financial aid/FAFSA, 2nd is
completion of 3rd year training modules/paperwork which a student is required to finish before the 5/5 training date, third is
USMLE registration and NBME accommodation application review by an USF MCOM Faculty/USF SDS who has expertise in this
area before sending it to NBME. I have completed the NBME application, NBME personal statement and supporting
documents required and have requested appropriate letters from my current physician, Dr. Maher and VR counselor. I can
complete the training modules/paperwork, FAFSA and MCOM Financial Aid application if it is accepted within the ethical
standards. I have been studying for USMLE Step1 with Kaplan live online Step 1 course for the past year (more than 6
months) despite having an passing MCOM CBSE final exam score on my first attempt, an Kaplan diagnostic score of 210 and
NBME practice exam of 220 before starting the course and I have been doing UWORLD questions on daily basis and studying
from First AID 2014 at least 8 hours everyday. I want you to know I am ready to move this process as quickly as possible and
prevent any further unnecessary delays.
Thank You
66
8/1/2016 RE: Petition for Readmission- Appointment/Letter - Zainulabeddin, Nausheen
RE: Petition for Readmission‐ Appointment/Letter
Tue 4/8/2014 3:41 PM
Dear Dr. Bognar,
I wanted to let you know that the information you had received regarding me being eligible to apply for petition for
readmission in May 28 is incorrect. My dismissal was in March 19. I had exhausted all of the internal grievance process and
decision was dated by Dr. Monroe on October 25 2013. That would mean that I would be eligible to apply for petition for
readmission in October of next year (which is not what you have been told). The policy stated in our handbook doesn't
indicate that a student can apply after they have exhausted all of the internal grievance process. The information you have
received was incorrect, from my "new understanding of the policy", I should be eligible to apply for petition for readmission. I
hope this delay does not impede me from starting with the new class on time and further delay my NBME accommodation
process.
Thank You
From: Bognar, Bryan
Sent: Tuesday, April 01, 2014 7:55 AM
Subject: RE: Petition for Readmission Appointment/Letter
thank you.
To: Bognar, Bryan
I am sorry. Here is the correct attached letter.
To: Bognar, Bryan
Thanks Dr. Bognar,
I emailed Ms. Rivas and stated to keep the meeting on Friday as you suggested. I have formulated a letter to Dr. Loveren
regarding the timing issue to add in my letter for petition for readmission. We can discuss the attached letter on Friday, if this
is an appropriate step to take to include in the letter.
Thank You
From: Bognar, Bryan
let’s s ck with Friday.

bb

67
To: Bognar, Bryan
Subject: RE: Pe on for Readmission‐ Appointment/Le er

Thanks Dr. Bognar,
I believe Ms. Rivas is out of the office. Due to the timing situation and concern stated in my Friday's email. I felt maybe a
meeting with you in your next available date this week would be appropriate. However, if you need until Friday to look over
the letter/documents, I can cancel my request to Ms. Rivas to reschedule the appointment from Friday to sometime tomorrow
(Tuesday).

From: Bognar, Bryan
Nausheen,

We can certainly discuss this le er on Friday, the day we are scheduled to meet.

Bryan Bognar

To: Bognar, Bryan

Dear Dr. Bognar,
I followed your recommendations and changed the "Deans committee" from the previous letter. In addition, I have also
attached my new edited readmission letter. In our next appointment, I would like to discuss the letter.

Thank You

To: Bognar, Bryan
Dear Dr. Bognar,

When I had spoken to Dr. Monroe, Dr. Saporta, Dr. Specter last year, they had stated that I could apply from the original date
of dismissal. I had clearly asked if it meant March 15th or is it May 28. I come from a financially struggling family; and this
information was important to me regarding finances, signing my apartment lease to maintain Florida residency status and
preparing for appeal process/boards/application for accommodations. I had also contacted many lawyers in the area who felt
my dismissal was unlawful. However, my parents didn't have financial funding to support the demand process. Since
readmission process is less expensive; I clarified this date aspect. They stated it is from the date of dismissal and not the
process (including the appeals). The policy stated in the handbook is "vague" and does not indicate that you can apply after
you have exhausted all of your appeal proceedings. They clearly stated to me that the timing would allow you to start with
the next class. You have also served as a Vice Dean before and you instantly stated that it is the date of dismissal as well. I
would also appreciate if Dr. Specter does not play any role in my readmission process as I had stated to your in our
meeting and the letter (conflict of interest). If you read Dr. Monroe's letter dated on October 25, 2013, she clearly stated to
me in our meeting and the letter; that you can apply after one academic year from the date of dismissal and the committee
will decide if you should take Step 1 (meaning eligible to start with 2016 class). I also wanted to know if you had the time to
read my files, readmission letter and etc? I wanted to make an appointment with you early next week. However, I felt maybe
you needed sufficient time to read the files/letter and Friday maybe appropriate. If you have reviewed the files, I will try to
reschedule the appointment with Ms. Rivas, early next week instead.

From: Bognar, Bryan
Cc: Cook, Marrissa; Specter, Steven
Hi Nausheen,

68
I need to clarify a couple of very important items for you.

First, with regards to the ming of your appeal, we have again very carefully reviewed and the soonest that you can appeal is
late May 2014. The date of the last step in the dismissal process, including the final appeal, was May 28, 2013.

Secondly, the next step to pe on for readmission (as outlined in Ms. Cook’s prior email to you and taken from the student
handbook) is as follows:

6. Petition for Readmission Following Dismissal
a. A student who has been dismissed from the Morsani College of Medicine and who is no longer enrolled
may seek readmission by written request to the Dean of the Morsani College of Medicine. Such requests
require compelling data to support an argument for reinstatement and may be made no sooner than one year
after the date of dismissal.
b. Consideration of such a request, if accepted by the Dean, will be reviewed by a Committee of five members
of the faculty of the Morsani College of Medicine to be appointed by the Dean ad hoc. That Committee will
make a recommendation to the Dean for his/her consideration and action. The decision of the Dean is not
subject to appeal.

Dr. Harry van Loveren is currently the interim Dean, and you may forward a written request to him. His office is in
the CMS building if you would like to drop the letter off with the front desk, or you can mail a letter to 12901 Bruce
B. Downs Blvd, MDC 2, Tampa, FL 33612. Please keep in mind that your last appeal was in May 2013, and I do
not know if that will affect the timing of your petition.

To my knowledge, you have not submi ed such a le er to the interim Dean, although again it seems that it would be most
appropriate to wait un l late May 2014. The le er you have constructed and a ached is addressed to “Deans Commi ee”.
Such a commi ee would not be formed un l such me as the Dean agrees to consider your appeal. I hope this helps clarify
next steps.

Regards,

Bryan Bognar

To: Bognar, Bryan

Dear Dr. Bognar,
Fortunately, these documents were small enough to be emailed. However, the clinical previous work file was too big to be
attached, which I will just bring with me to our next meeting. I have set an appointment with Ms. Rivas on Friday 4/4/2014 at
3PM.

Thank You

To: Bognar, Bryan
Subject: Petition for Readmission Appointment/Letter
Dear Dr. Bognar,
I have finished writing the petition for readmission letter and compiled strong clinical evaluations/work for doctoring to
address number 4 on the APRC letter dated May 28, 2013 and created a document that contains individual grades for each
test for year 2. I wanted to know if I should set up an appointment with you to discuss the petition for readmission letter
sometime next week.

I can drop off printed letter with past clinical eval/work and grades for year 2 to Ms. Rivas, at your request sometime today
for you to look at before our meeting. And also make an next available appointment. If you have any other suggestions,
please let me know.

Thank You

69
March&31,&2014&
Dear&Dr.&Loveren,&&
&
& I&am&applying&for&petition&for&readmission&and&was&dismissed&from&USF&
MCOM&on&March&15,&2013&and&received&a&letter&of&dismissal&dated&March&19,&2013&as&
confirmed&by&an&email&from&USF&MCOM&Registrar,&Ms.&Cook.&&I&underwent&two&
appeal&process&until&May&3,&2013&and&Dean&Klasko&mailed&me&his&decision&dated&May&
28,&2013&as&I&have&attached&to&this&document.&From&speaking&to&the&USF&MCOM&
faculty&last&year,&Dr.&Monroe&and&administrators,&there&has&been&a&discrepancy&in&the&
interpretation&of&USF&MCOM&Handbook&Section&IV.&E.&6.&(a)&of&what&is&considered&the&
date&of&dismissal.&&My&original&date&of&dismissal&as&dated&on&APRC&Letter&is&March&19,&
2013.&&And&the&final&decision&after&I&had&exhausted&all&of&the&appeal&proceedings&was&
May&28,&2013.&From&my&understanding&of&the&extract&from&our&USF&MCOM&Student&
handbook&below,&that&a&student&should&be&eligible&to&apply&after&one&year&of&original&
date&of&dismissal&which&is&March&19,&2013.&However,&from&my&interpretation,&the&
appeal&proceedings&are&primarily&additional&factors&to&plea&the&decision&for&
dismissal.&&A&letter&dated&October&25,&2013&from&Dr.&Monroe,&which&I&have&attached&
to&this&document&and&a&meeting&with&her,&she&had&stated&to&me&last&year&that&I&would&
be&eligible&for&applying&for&readmission&in&time&to&be&eligible&for&starting&the&class&
with&2016.&I&had&signed&my&lease&and&organized&all&factors&for&readmission&based&on&
the&statement&that&a&student&is&eligible&to&apply&after&one&year&of&their&original&
dismissal.&I&believe&the&statement&below&from&our&handbook&is&“vague”&and&does&not&
account&for&proceedings&of&“dismissal&process”.&If&I&apply&for&readmission&in&May&28,&
2013,&it&would&make&me&ineligible&to&start&with&the&class&of&2016&on&May&5,&2014.&I&
am&humbly&requesting&you&take&the&“vagueness”&under&consideration&of&the&USF&
MCOM&Handbook&Section&IV.&E.&6.&(a)&and&at&your&discretion&based&the&interpretation&
of&the&guideline&stated&below&consider&my&petition&for&readmission&at&this&time&
frame.&
&
&
&
&
70
RE: APRC Letter 3/24/14, 1:30 PM
RE: APRC Letter

Sent:Tuesday, March 19, 2013 9:14 AM
To: Cook, Marrissa
I will pick it up. Thanks

Sent: Tuesday, March 19, 2013 9:11 AM
Cc: Heldreth, Macaulay
Subject: APRC Letter
Hi Nausheen,
Your APRC letter is now ready. Did you want to come pick it up from the Registrar’s Office, or would you
like us to mail it the address we have on file for you?
Our next scheduled APRC meeting will be on April 4th.
Regards,
Marrissa
Marrissa Cook, MA
12901 Bruce B Downs Blvd MDC 32
Tampa, FL 33612-4799
Room: MDC 1007
Phone: (813)974-0828
Fax: (813)974-4619
Email: mcook@health.usf.edu
hsc.usf.edu/medicine/registrar
!
This transmission may be confidential or protected from disclosure and is only for review and use by the intended
recipient. It must be treated and stored by the recipient in a confidential manner. Access by anyone else is unauthorized.
Any unauthorized reader is hereby notified that any review, use, dissemination, disclosure or copying of this information, or
any act or omission taken in reliance on it, is prohibited and may be unlawful. If you received this transmission in error,
please notify the sender immediately. Thank you.
!
!
!
!
https://webmail.health.usf.edu/owa/?ae=Item&t=IPM.Note&id=RgAAA…hlowWuke%2fJAACMfu1AAAAJ&a=Print&pspid=_1395682203590_614921562 Page 1 of 1
71
72
73
74
United States Medical Licensing Examination® (USMLE®)
REQUEST FOR TEST ACCOMMODATIONS

Use this form if you have never received test accommodations for USMLE
The National Board of Medical Examiners® (NBME®) processes requests for test
accommodations on behalf of the USMLE program
If you have a documented disability covered under the Americans with Disabilities Act (ADA),
you must notify the USMLE in writing each time you apply for a Step examination for which
you require test accommodations. Submitting this form constitutes your official notification.
• Review the USMLE Guidelines for Test Accommodations at www.usmle.org for a detailed description of
how to document a need for accommodation.
• Complete all sections of this form and submit it together with all required documentation.
• Incomplete, illegible, or unsigned request forms and/or insufficient supporting documentation will delay
processing of your request.
• Do not send originals. Please retain the originals of all documentation that you submit as we are unable to
return submissions.
• Submitting duplicate and/or bound documentation may delay processing of your request.
• Requests are processed in the order in which they are received.
• NBME will acknowledge receipt of your request and audit your submission for completeness. You may be
asked to submit additional documentation to complete your request.
• Allow at least 60 days for processing of your request. Processing cannot begin until sufficient information
is received by NBME.
• The outcome of our review will not be released via telephone. All official communications regarding your
request will be made in writing. If you wish to modify or withdraw a request for test accommodations,
contact Disability Services by e-mail at disabilityservices@nbme.org or by telephone at 215-590-9700.
You MUST provide supporting documentation verifying your current functional impairment.
In order to document your need for accommodation, submit the following with this form:
A personal statement describing your disability and its impact on your daily life and educational
functioning.
Supporting documentation such as psychoeducational evaluations; medical records; copies of report

cards, academic and score transcripts; faculty or supervisor feedback; job performance evaluations;
clerkship/clinical course evaluations; verification of prior academic/test accommodations; etc.
A complete and comprehensive evaluation. Reports from qualified professionals must be typewritten
on letterhead, signed and include their professional qualifications.
Accom Request Form (2011) 1
75
8/1/2016 RE: Petition for Readmission (Nausheen Zainulabed... - Zainulabeddin, Nausheen
RE: Petition for Readmission ﴾Nausheen Zainulabeddin﴿
Tue 4/15/2014 3:38 PM
To: Cook, Marrissa <mcook@health.usf.edu>;
Cc:Heldreth‐Cardinal, Macaulay <mheldret@health.usf.edu>; Bognar, Bryan <bbognar@health.usf.edu>;
Thank You Ms. Cook for the email,
I acknowledge the 10 day standard for students, however, when I had met with Dr. Klasko on May 22 2013 regarding the
Dean's Appeal, he stated to me in the beginning of the meeting that the Dean usually has 7 days to give the ultimate decision
to a student. I thought maybe that standard also applied to this situation as well for the interim Dean (in this case it would be
Friday). However, I have stated my situation and humbly requested the need for expedite processing to Dr. Van Loveren. Just
keep me updated.
Thank You
Sent: Tuesday, April 15, 2014 3:11 PM
Cc: HeldrethCardinal, Macaulay; Bognar, Bryan
Subject: RE: Petition for Readmission (Nausheen Zainulabeddin)
Hi Nausheen,

I have copied Dr. Bognar on my response for clarification, as I do not see a response time limit for the Dean in the
Student Handbook. I know that we generally ask students to respond to actions within 10 business days of receipt,
which translates to about 2 calendar weeks.

If the Dean decides to appoint a subcommittee, it can take some time to gather members of the committee. Once
the committee and the timing of the meeting are determined, however, you would receive notification from either
Student Affairs or the Registrar’s Office via email.

Regards,

Marrissa Cook, MA


To: Cook, Marrissa
Cc: HeldrethCardinal, Macaulay
Subject: Petition for Readmission (Nausheen Zainulabeddin)

Dear Ms. Cook,

I had a question regarding my petition for readmission. I have submitted my letter to the interim dean of USF MCOM and he
officially received my readmission letter on April 11, 2014. I wanted to know if you could find out for me if my interpretation
is correct that the Interim Dean has seven days from the receipt of the letter to make a decision if he choses to grant the
student the opportunity to present their case in front of an Dean's committe or denies the student's request. And will I
receive his decision via mail or will someone from the registrar contact me? As I am trying to enroll for the class of 2016 and
their I2C starts on 5/5/2014, I wanted to know the appropriate timing regarding the situation and anything required on my
behalf to expedite the process.

Thank You

76
8/1/2016 RE: Update regarding Petition for Readmission - Zainulabeddin, Nausheen
RE: Update regarding Petition for Readmission
Wed 4/23/2014 2:01 PM
To: Cook, Marrissa <mcook@health.usf.edu>;
Dear Ms. Cook,
I can pick up the letter when it is ready.
Thank You
From: Bognar, Bryan
Sent: Wednesday, April 23, 2014 1:34 PM
Cc: Cook, Marrissa; Brickner, Debra
Subject: RE: Update regarding Petition for Readmission
Nausheen,

You should be receiving a le er from the dean shortly. It is my understanding that it was finalized yesterday.

Bryan Bognar

Bryan A. Bognar, MD, MPH, FACP
Vice Dean for Educational Affairs
USF Health, Morsani College of Medicine
12901 Bruce B. Downs Blvd. MDC 54
Tampa, FL 33612-4799
Phone: 813-974-7131
Fax: 813-974-2976
bbognar@health.usf.edu

To: Cook, Marrissa
Cc: Bognar, Bryan
Subject: Update regarding Pe on for Readmission

Dear Ms. Cook,

It has been about 10 business days since the receipt of the petition for readmission letter and I wanted to know if there has
been any update or a letter for me to pick up regarding the decision for petition for readmission.

Thank You

77
8/1/2016 RE: Appeal - Zainulabeddin, Nausheen
RE: Appeal
Ronda Fuqua <rfuqua@bals.org>
Wed 4/23/2014 2:39 PM
Inbox
I apologize for any confusion. The information I gave you came from my discussion with our Deputy Director. Teresa no longer
works here. I wish you the best in your pursuit for a resolution to your issue.
Ronda B. Fuqua
Executive Assistant
Bay Area Legal Services, Inc.
1302 N. 19th Street, Suite 400
Tampa, FL 33605‐5230
﴾813﴿ 232‐1222, ext. 130
﴾813﴿ 248‐9922 ﴾Fax﴿
www.bals.org
Preserving Independence, Hope and Dignity
‐‐‐‐‐Original Message‐‐‐‐‐
From: Zainulabeddin, Nausheen [mailto:nzainula@health.usf.edu]
To: Ronda Fuqua
Subject: RE: Appeal
Thanks Ms. Fuqua,
Then I believe it is not worth applying for. I do recall Teresa from BALS stated to me that BALS does have education lawyers and
she gave me some numbers. I am not sure why you are stating the alternative. I would have to go to South Tampa to get my
parents signature for notarization, however, if you cannot provide services than there is no point.
Thanks
________________________________________
From: Ronda Fuqua [rfuqua@bals.org]
Subject: RE: Appeal
You don't need a formal "form". Just a statement such as:
These are the monthly expenses paid for Nausheen:
Rent 750.00 Paid by parents ﴾names﴿
Gas 100.00 Paid by parents
Have it signed by your parents and notarized. It is really very simple. Please understand that if you are qualified for service, we
will probably provide you with a telephone consultation only. It is unlikely that we will take on representation in this matter as it is
not a specialty of BALS.
Ronda B. Fuqua
Executive Assistant
Tampa, FL 33605‐5230
﴾813﴿ 232‐1222, ext. 130
﴾813﴿ 248‐9922 ﴾Fax﴿
www.bals.org
78
To: Ronda Fuqua
Subject: RE: Appeal
Dear Ms. Fuqua,
Thank You for emailing me that you had received the mail. I wanted to ask you if you just wanted the notarize statement for April
payments? Throughout the year, due to financial instability, it has been variable ﴾didn't have health insurance, medications,
expenses and etc﴿. Due to that, the expenses listed in April Payment would not be the same as the other months in the past year.
However, since I am not working at all, all expenses listed in the document and table are paid fully by my parents. I am trying to
locate through the internet website an formal sample document stating that they have paid for the itemized list stated in the table
you have received via mail for the month of April.
Thank You
________________________________________
Subject: RE: Appeal
Ms. Zainulabeddin ‐ I received your statement of payments. I await the notarized document showing your parents contribution.
As stated before, we require an itemized list of the expenses your parents pay, not just a list of expenses and payments. Thanks.
Ronda B. Fuqua
Executive Assistant
Tampa, FL 33605‐5230
﴾813﴿ 232‐1222, ext. 130
﴾813﴿ 248‐9922 ﴾Fax﴿
www.bals.org
To: Ronda Fuqua
Subject: RE: Appeal
Dear Ms. Fuqua,
I sent in each item they pay for my expenses with receipts. I just sent the mail today first class. You have not received this mail as
of yet. Expect the delivery by tomorrow. However, I will also try to get a notarized document to you by Friday as well. Thank you.
________________________________________
Sent: Tuesday, April 22, 2014 11:50 AM
Subject: Appeal
Ms. Zainulabeddin ‐ I am in receipt of the documents and letter you sent over for your appeal consideration. Unfortunately, they
are the same documents as previously provided. In our conversations of last Wed/ Thursday ﴾4/16 and 4/17﴿, I explained that
those documents do not suffice for us to determine your eligibility. In our conversations, you stated that you do not live in the
home with your parents, but they support you by paying your rent, providing gas and other necessities. I told you that I would
discuss this situation with our Deputy Director. After discussing your situation with her, she asked that you provide an itemized,
notarized statement of the support you receive from your parents. I called you back and relayed this message to you and gave
you a deadline of Friday, 4/25 to provide such statement. I also stated to you that education law is not one of the specialties of
BALS. Please provide the requested document by 4/25 in order for us to assess your financial situation. Thank you.
Ronda B. Fuqua
79
Executive Assistant
Tampa, FL 33605‐5230
﴾813﴿ 232‐1222, ext. 130
﴾813﴿ 248‐9922 ﴾Fax﴿
www.bals.org<http://www.bals.org/>
80
Nausheen(Zainulabeddin(
(
8513(Lucuya(Way(Apt(307(
Temple(Terrace,(Fl(33637(
(813)(453(4349(
Email:(nzainula@health.usf.edu((
(
(
Date April 25, 2014
To: Dr. Bognar

Vice Dean of Educational Affairs
Morsani College of Medicine
University of South Florida
Dear Dr. Bognar,
I received a letter yesterday regarding my petition stating to wait until May 28th 2014 to
file for readmission, due to USF MCOM’s interpretation of internal grievance process
(Appendix 10), which is different from NBME (Appendix 6), in which they do not accept
a student’s USMLE Step 1 registration despite a student is undergoing internal grievance
process and LCME (from my understanding of the instructions stated in the website). I
acknowledge that each institution has its own standards and it would help and avoid
future conflicts if it was aligned with the standards of NBME (appendix 6) and LCME.
Especially, since Dr. Monroe had stated to me that I could apply in March as it is stated
in my notes with my physicians from last year (August 9, 2013) (Appendix 2),
appointment dates with Dr. Monroe confirming that we had discussed this issue (august
1st 2013) (Appendix 1), signing my lease until the end of next month (Appendix 7) and
Federal Loan Forbearance until 5/15/2014 (Appendix 3). This new “change” will be of
inconvenience to my family and I since our household income is below poverty line
(Appendix 5). I acknowledge that each institution has its own standards; however, I feel
if a student had been communicated and stated differently, it should not be counted
against them (Appendix 1).
However, I wanted to clarify a discrepancy associated with my dismissal letter dated May
28, 2013 (Appendix 9). My meeting with Dr. Klasko was initially scheduled for May 21,
2013 at 11 AM. However, Mrs. Brickner stated to me on May 17th 2013 that he had to
reschedule it to May 22nd 2013 at 12:00 AM (Appendix 8) (in which there was a delay of
20 minutes of initiation of the meeting and lasted only ten minutes). Due to that, I wanted
to correct that the petition should not be filed at least from one year from that date—or
May 29, 2014. I felt it might be important to correct this mistake for future legal
standards. I have attached my dismissal letter dated May 28, 2014, rescheduled
appointment memo dated May 22nd 2013 and my letter from Dr. Van Loveren dated April
22, 2014 (Appendix 10).
Sincerely,
Nausheen(Zainulabeddin((
(
(
81
RE: From Nausheen Zainulabeddin 2/7/14 6:46 PM
RE: From Nausheen Zainulabeddin Appendix 1

Sent:Thursday, August 15, 2013 10:59 AM
To: Rivas, Milene
Thanks Ms. Rivas,

10 AM on 9/5 works. Thank you
________________________________________
From: Rivas, Milene
Sent: Thursday, August 15, 2013 8:32 AM
Cc: Monroe, Alicia
Hello Nausheen,
My apologies, I was out of the office on Monday afternoon, and did not receive any messages from you upon my
return. Unfortunately Dr. Monroe will be away on travel next week. Her next available date for appointments is :
9/5 @ 10am, 12pm, 12:30pm, 1pm, 1:30pm, 2pm, 2:30pm, 4pm or 4:30pm
Please confirm your availability/preference.
Thank you,
Milene Rivas
Administrative Specialist to
Dr. Alicia Monroe, MD
Vice Dean, Office of Educational Affairs
Chief Academic Officer
Phone: (813) 974-7131
Email: mrivas@health.usf.edu<mailto:mrivas@health.usf.edu>

Sent: Wednesday, August 14, 2013 7:21 PM
To: Monroe, Alicia
Cc: Rivas, Milene
Dear Dr. Monroe and Ms. Rivas,

I called on Monday to make an appointment for future meeting and both times I called 1230 and 430- I was unable
to reach Ms. Rivas for a future meeting date. I wanted to know through e-mail any availability you may have next
week to make an appointment.
Thank You
https://webmail.health.usf.edu/owa/?ae=Item&t=IPM.Note&id=RgAAA…wWuke%2fJAACMg%2bHqAAAJ&a=Print&pspid=_1391816785763_838583322 Page 1 of 2
82
RE: From Nausheen Zainulabeddin 2/7/14 6:46 PM
________________________________
From: Monroe, Alicia
Sent: Sunday, August 04, 2013 9:46 PM
Cc: Rivas, Milene
Dear Nausheen,
I will read and we can discuss at a future meeting.
Regards,
Dr. Monroe

Sent: Sunday, August 04, 2013 12:08 PM
To: Monroe, Alicia
Subject: From Nausheen Zainulabeddin
Dear Dr. Monroe,

I spoke to you last week regarding steps to take for petition for readmission and said I will email you in a week to
for the follow-up to the letter I wrote to you. I wanted to know if you had the chance to read the letter regarding
aspects which I did not include during my appeal process. I have also attached the letter in this email, when you
have a chance could you please follow-up with me regarding your input. This will enable me to not only be heard, but
also take appropriate steps to move forward toward becoming a physician.
Thank You for your help during this time period.
https://webmail.health.usf.edu/owa/?ae=Item&t=IPM.Note&id=RgAAA…wWuke%2fJAACMg%2bHqAAAJ&a=Print&pspid=_1391816785763_838583322 Page 2 of 2
83
Zainulabeddin*
*
*
*
*
*
84
Zainulabeddin*
*
*
*
85
Zainulabeddin*
*
*
*
86
Zainulabeddin*
*
*
*
*
*
87
Zainulabeddin*
*
*
*
*
*
88
Appendix 2
89
Appendix 3
JANUARY 29, 2014
FORBEARANCE LOAN DECLARATION
ACCOUNT NUMBER: 10 6942 8598

NAME: NAUSHEEN ZAINULABEDDIN
YOUR RECENT REQUEST FOR A FORBEARANCE HAS BEEN PROCESSED. LISTED BELOW ARE THE LOANS THAT
WERE AFFECTED BY YOUR REQUEST.
LOAN
PROGRAM DISB DATE OWNER ACTION
STFFRD 02/24/2009 U.S. DEPT APPROVED TEMP HARDSHIP - 02/16/14 - 05/15/14
UNSTFD 08/19/2009 U.S. DEPT APPROVED TEMP HARDSHIP - 02/16/14 - 05/15/14
DLSTFD 08/11/2010 U.S. DEPT APPROVED TEMP HARDSHIP - 02/16/14 - 05/15/14
DLUNST 08/11/2010 U.S. DEPT APPROVED TEMP HARDSHIP - 02/16/14 - 05/15/14
DLSTFD 07/19/2011 U.S. DEPT APPROVED TEMP HARDSHIP - 02/16/14 - 05/15/14
TSXQ2:FS06BF101J
1069428598 1069428598 MR 27112140280003712
90
United States Medical Licensing Examination | USMLE Bulletin | Eligibility 4/25/14, 9:00 AM
Bulletin
Appendix 6- NBME
Eligibility
Steps 1 & 2 Step 3 Step 2 CS - Who's Required Graduates of Unaccredited Medical Schools Attempts/Time Limits Retakes
Other Information
Eligibility - Step 1, Step 2 CK, and Step 2 CS

To be eligible, you must be in one of the following categories at the time
you apply and on your test day: Sequence of Steps
a medical student officially enrolled in, or a graduate of, a US If eligibility requirements are
or Canadian medical school program leading to the MD met, you may take Step 1,
degree that is accredited by the Liaison Committee on Step 2 CK, and Step 2 CS in
Medical Education (LCME), any sequence.
a medical student officially enrolled in, or a graduate of, a US

medical school leading to the DO degree that is accredited by the American Osteopathic
Association (AOA), or
a medical student officially enrolled in, or a graduate of, a medical school outside the United
States and Canada who meets the eligibility criteria of the ECFMG.
If you are dismissed or withdraw(n) from medical school, you are not eligible for USMLE, even if you are
appealing the school’s decision to dismiss you or are otherwise contesting your status.
Continue to: Step 3 »
http://www.usmle.org/bulletin/eligibility/ Page 1 of 1
91
Appendix 7
92
Meeting with Dr. Klasko 4/25/14, 7:06 AM
Appendix 8
Meeting with Dr. Klasko
Brickner, Debra Sent: Friday, May 17, 2013 11:18 AM
Required: Monroe, Alicia; Zainulabeddin, Nausheen
Optional: Rivas, Milene
When: Wednesday, May 22, 2013 12:00 PM-12:30 PM.

Location: Dr. Klasko
Show time as: Tentative

Meeting status:Accepted
Description:
!
!
https://webmail.health.usf.edu/owa/?ae=Item&t=IPM.Schedule.Meetin…JhlowWuke%2fJAACMgUtzAAAL&a=Print&pspid=_1398423953742_939053311 Page 1 of 1
93
Appendix 9
note: should be May 29
note” should be May 22
94
95
96
Appendix 10
wrong address should be: 8513
Lucuya way Apt 307
Temple Terrace, Fl 33637
may 29
97
8/1/2016 From Nausheen Regarding Dr. Loveren's Letter - Zainulabeddin, Nausheen
From Nausheen Regarding Dr. Loveren's Letter
Fri 4/25/2014 9:55 AM
Dear Dr. Bognar,
Ms. Rivas stated that you will not be available to communicate via an appointment for more than a week. I felt emailing you
would be better due to your time constraints. The attached document is a letter to you regarding my interpretation of the
delay and an mistake that maybe important to be corrected regarding the date of dismissal (May 28 vs May 29) in Dr. Van
Loveren's letter.
Thank You and I apologize in advance for any inconvenience.
98
8/1/2016 RE: Zainulabeddin Notarized Financial Appeal (Dea... - Zainulabeddin, Nausheen
RE: Zainulabeddin Notarized Financial Appeal ﴾Deadline April 25, 2014﴿
Email 2
Ronda Fuqua <rfuqua@bals.org>
Fri 4/25/2014 4:27 PM
Ms. Zainulabeddin – Thanks for submi ng your informa on. I will forward to our Deputy Director and get back to you.

Ronda B. Fuqua
Executive Assistant
Tampa, FL 33605-5230
(813) 232-1222, ext. 130
(813) 248-9922 (Fax)

www.bals.org


Sent: Friday, April 25, 2014 2:55 PM
To: Ronda Fuqua
Cc: Gretel Magdalena
Subject: RE: Zainulabeddin Notarized Financial Appeal (Deadline April 25, 2014) Email 2

Attached are Appendices for the documents mentioned in the two page notarized Financial statement.
Thank You

Sent: Friday, April 25, 2014 2:51 PM
To: rFuqua@bals.org
Cc: gmagdalena@bals.org
Subject: Zainulabeddin Notarized Financial Appeal (Deadline April 25, 2014)
Dear Ms. Fuqua,

After going through the BALS website in entirety and searching through the attorneys and their credentials, it came to my
understanding that BALS can provide help. Though Education Law is not its speciality, however, I do qualify under the ADA
client rights and can seek help from coordinator or under the Areas of service (other) in which an attorney from BALS who
specializes in education law could potentially help (Randi Patsky) from (https://www.bals.org/whoweare/professional
profiles/alphabeticallyoz). I went ahead and got my two documents notarized and have attached the accompanied
supporting documents for the statements in the two documents. Since the document is created by me and the statements are
of mine. I felt a signature of mine was sufficient and didn't require me to travel to South Tampa for my parent's signature
(and you didn't state in the emails or phone conversation that a signature of my parents was required). Please note in the
bottom of the page it states page numbers; due to that and to maintain the integrity of the documents, I requested my bank
representative to notarize both of the documents. I will also mail the documents so you can have the original copy of the
notarized documents (postmarked today). I have met the Financial Appeal deadline as of today (April 25, 2014).

Thank You and please let me know if there is anything else is required. And I appreciate your guidance and patience with the
financial appeal process


99
8/1/2016 RE: Zainulabeddin 5/2/2014 Meeting and Petition f... - Zainulabeddin, Nausheen
RE: Zainulabeddin 5/2/2014 Meeting and Petition for Readmission brief
to Dr. Lockwood
Bognar, Bryan
Mon 5/5/2014 9:48 AM
Inbox
Thank you Nausheen.

Bryan Bognar

Tampa, FL 33612-4799
Phone: 813-974-7131
Fax: 813-974-2976

Sent: Monday, May 05, 2014 9:47 AM
To: Bognar, Bryan
Subject: Zainulabeddin 5/2/2014 Mee ng and Pe on for Readmission brief to Dr. Lockwood
Importance: High

Dear Dr. Bognar,

After our meeting last friday (5/2/2014), I did what you had stated me to do this weekend such as create a calendar of
events leading to reinstatement and taking appropriate steps to make sure I will have an promising NBME accomodation
application. I want to thank you for understanding my situation and stating that you will make an sincere effort to bring up
my petition for readmission issue to Dr. Lockwood this week. For your convenience and to better present my case to Dr.
Lockwood, I have created a short letter for Dr. Lockwood with brief description of my case which I would appreciate if Dr.
Lockwood can have the opportunity to read. Due to confidentiality of the documents, I will be dropping off the package
(which contains the issues we discussed in our May 2nd Meeting and a short synopsis for Dr. Lockwood) to Ms. Rivas to give
to you. I have mailed it via USPS priority mail to you as well, however, since my petition for readmission letter was misplaced
and I had to hand deliver a new copy of my letter to Mrs. Brickner, I will give a copy to Ms. Rivas to give to you.

Thank You

100
8/1/2016 RE: Package Delivered - Zainulabeddin, Nausheen
RE: Package Delivered
Bognar, Bryan
Mon 5/5/2014 11:27 AM
Cc:Rivas, Milene <mrivas@health.usf.edu>;
so noted.

Tampa, FL 33612-4799
Phone: 813-974-7131
Fax: 813-974-2976

To: Bognar, Bryan
Cc: Rivas, Milene
Subject: Package Delivered

Dear Dr. Bognar,

I delivered the package to Ms. Rivas today (5/5/2014) at 10:39 AM. She stated upon the receipt of the package that you had
informed her about it she was expecting an package from me.

Thank You

From: Bognar, Bryan
Subject: RE: Zainulabeddin 5/2/2014 Meeting and Petition for Readmission brief to Dr. Lockwood
Thank you Nausheen.

Bryan Bognar

Tampa, FL 33612-4799
Phone: 813-974-7131
Fax: 813-974-2976

101
8/1/2016 RE: Package Delivered - Zainulabeddin, Nausheen
To: Bognar, Bryan
Subject: Zainulabeddin 5/2/2014 Mee ng and Pe on for Readmission brief to Dr. Lockwood
Importance: High

Dear Dr. Bognar,

After our meeting last friday (5/2/2014), I did what you had stated me to do this weekend such as create a calendar of
events leading to reinstatement and taking appropriate steps to make sure I will have an promising NBME accomodation
application. I want to thank you for understanding my situation and stating that you will make an sincere effort to bring up
my petition for readmission issue to Dr. Lockwood this week. For your convenience and to better present my case to Dr.
Lockwood, I have created a short letter for Dr. Lockwood with brief description of my case which I would appreciate if Dr.
Lockwood can have the opportunity to read. Due to confidentiality of the documents, I will be dropping off the package
(which contains the issues we discussed in our May 2nd Meeting and a short synopsis for Dr. Lockwood) to Ms. Rivas to give
to you. I have mailed it via USPS priority mail to you as well, however, since my petition for readmission letter was misplaced
and I had to hand deliver a new copy of my letter to Mrs. Brickner, I will give a copy to Ms. Rivas to give to you.

Thank You

102
8/1/2016 RE: Zainulabeddin May 2nd 2014 11 AM Meeting - Zainulabeddin, Nausheen
RE: Zainulabeddin May 2nd 2014 11 AM Meeting
Wed 5/7/2014 4:26 PM
Cc:Cook, Marrissa <mcook@health.usf.edu>;
Thank You
From: Bognar, Bryan
Sent: Wednesday, May 07, 2014 3:36 PM
Cc: Cook, Marrissa
Subject: RE: Zainulabeddin May 2nd 2014 11 AM Meeting
Nausheen,

I was able to review your request with Dean Lockwood last night. There will be no change in the meline rela ve to your
pe on for readmission.

Bryan Bognar

Sent: Friday, May 02, 2014 6:58 PM
To: Bognar, Bryan
Subject: Zainulabeddin May 2nd 2014 11 AM Mee ng

Dear Dr. Bognar,

Thank You for your helpful suggestions today and keeping me updated regarding the administrative changes. I
acknowledge that since you mentioned in our April 4th 2014 meeting that since legal questions has been raised
regarding my case; I assume the presence of 3rd person in our meeting is because you feel comfortable having a
third party (pattern I have noticed: Ms. Rivas (5/2/2014) and MCOM legal council representative (4/4/2014). I will
check back with you on May 9th (Friday) or May 12th (Monday) regarding my petition for readmission status. I
want you to know that I am very compliant regarding following policies and procedures as an individual and as a
student at USF MCOM. And I fully understand and respect the standards set in place. Before I sent my request to
Dr. Van Loveren regarding his decision in a letter dated April 22nd 2014 I consulted Higher Education Law books
and policies to see if my request was ethical and appropriate and also consulted a family member who recently
finished law school.

These are two cases which are similar to my scenario.
Olsson v. Board of Higher Education of the City of New York, 402 N.E.2d 1150 (N.Y. 1980)

Blank v. Board of Higher Education of the City of New York, 273 N.Y.S.2d 796

I have included the summary about the cases from the Education Law textbook which I have been consulting
(attached to this email). From the cases mentioned and the letter I sent you dated April 25, 2014 (with supporting
circumstantial evidence), I feel it is appropriate to request Dr. Lockwood to reconsider the decision and allow me to
petition for readmission at this time.

Thank You again for your patience and cooperation and I apologize that our meeting ran later than usual.

103
8/1/2016 Dr. Lockwood Decision, Fedloan and potential Peti... - Zainulabeddin, Nausheen
Dr. Lockwood Decision, Fedloan and potential Petition meeting with the
Dean
Thu 5/8/2014 10:14 AM
3 attachments ﴾496 KB﴿
Scenario 1.pdf; Scenario 2.pdf; USPS.com® ‐ USPS Tracking™ Dr. Bognar Package.pdf;
Dear Dr. Bognar,
I want to personally thank you for giving Dr. Lockwood the letter, giving him the opportunity to read about the
situation, explaining Calendar 1 and 2 set of events and the impact of miscommunication due to administrative
changes had on my timing of petition, due process to attend I2C and learn with my peers. And letting me know
ahead of time regarding the decision. I had sent the documents via USPS package and I included an personal thank
you card to you as well. According to USPS tracking message (attached to this email), it states that it has been
delivered to MCOM.

For your convenience, I have attached calendar of events which I created after your suggestion to this email (hard
copy print may have been too small of a font to see). Scenario 1 (petition eligibility now and able to start residency
on July 1, 2016) and Scenario 2 (Petition eligibility May 29, 2014).
I had sent you an email on April 5, 2014 (after our April 4th 2014 meeting) regarding the error from USF MCOM
registrar since they are still reporting me as a 3rd year full time student with an "in school status". I spoke to
Federal Loan representative yesterday and they stated that they recently received the "inschool status" message
from National Database on April 8, 2014. However, I have corrected it again and will be requesting forbearance.
I wanted to ask you an important advice. I know you had done everything on your end to bring up my case to Dr.
Lockwood which I genuinely appreciate. However, I do feel that sometimes meeting the person and hearing it from
their side helps the decision maker understand the situation better. Thats why I decided to give you the personal
letter and files on 3/21/2014 (not 3/6/2014). Even though you had accepted my request to communicate via email
due to our March 6 meeting cancellation, time sensitivity and urgency of the situation to potentially start I2C on
5/5. Ms. Rivas did state to me that the next available date for an appointment was the next day, however, I was
scheduled for an neuropsychological evaluation. Due to that, I gave you a short synopsis via email on 3/11/2014
and waited until 3/21/2014 to personally meet with you to discuss the issues and upon your request give you the
personal letter with supporting files (dated March 8, 2014).
I feel that regardless of the set date for petition, an meeting with Dr. Lockwood would enable him to understand the
situation and make an appropriate decision regarding my future status. And due to the situation, I feel it is
appropriate to ask this request. I acknowledge that he is a new dean and may have a lot on his plate right now.
However, I will request Mrs. Brickner if he does have some time for an appointment. In my last meeting with Dr.
Klasko, Dr. Monroe was present as well. I believe that the protocol is to have an Vice Dean (you) present if Dr.
Lockwood accepts my request to meet with him regarding my petition.
Thank You and I hope you like the thank you card.
To: Bognar, Bryan
Cc: Cook, Marrissa
Thank You
From: Bognar, Bryan
Cc: Cook, Marrissa
104
8/1/2016 Dr. Lockwood Decision, Fedloan and potential Peti... - Zainulabeddin, Nausheen
Nausheen,

I was able to review your request with Dean Lockwood last night. There will be no change in the meline rela ve to your
pe on for readmission.

Bryan Bognar

To: Bognar, Bryan
Subject: Zainulabeddin May 2nd 2014 11 AM Mee ng

Dear Dr. Bognar,

Thank You for your helpful suggestions today and keeping me updated regarding the administrative changes. I
acknowledge that since you mentioned in our April 4th 2014 meeting that since legal questions has been raised
regarding my case; I assume the presence of 3rd person in our meeting is because you feel comfortable having a
third party (pattern I have noticed: Ms. Rivas (5/2/2014) and MCOM legal council representative (4/4/2014). I will
check back with you on May 9th (Friday) or May 12th (Monday) regarding my petition for readmission status. I
want you to know that I am very compliant regarding following policies and procedures as an individual and as a
student at USF MCOM. And I fully understand and respect the standards set in place. Before I sent my request to
Dr. Van Loveren regarding his decision in a letter dated April 22nd 2014 I consulted Higher Education Law books
and policies to see if my request was ethical and appropriate and also consulted a family member who recently
finished law school.

These are two cases which are similar to my scenario.
Olsson v. Board of Higher Education of the City of New York, 402 N.E.2d 1150 (N.Y. 1980)

Blank v. Board of Higher Education of the City of New York, 273 N.Y.S.2d 796

I have included the summary about the cases from the Education Law textbook which I have been consulting
(attached to this email). From the cases mentioned and the letter I sent you dated April 25, 2014 (with supporting
circumstantial evidence), I feel it is appropriate to request Dr. Lockwood to reconsider the decision and allow me to
petition for readmission at this time.

Thank You again for your patience and cooperation and I apologize that our meeting ran later than usual.

105
Scenario 1 :)
To start residency on time July 1st (you stated that you can take
about 3 months off)
Scenario 1 fits with July 1st 2016 residency start date
I2C started 5/5; 3 months “taking off”: May, June and July
May 2014
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 2 3 4
5 6 7 8 9 10 11
mention to Dr. Lockwood
about petition for
readmission
accepts :)
12 13 14 15 16 17 18
Dr. Lockwood reads the
petition for readmission
letter (1 week to respond)
106
19 Dr. Bognar formulates20 21 22 23 24 25
response: accepts to committee (need about
petition for readmission
and informs Dr. Bognar :) 2 weeks to get
committee together)
26 27 28 29 Petition DATE with 30 31
senior faculty and 2
USF senior council
representatives
EVENTS
Dolor sit amet Dolor sit amet Dolor sit amet
Sed egestas molestie elit. Mauris urna Sed egestas molestie elit. Mauris urna Sed egestas molestie elit. Mauris urna
mi, scelerisque vitae, ultrices vel, mi, scelerisque vitae, ultrices vel, mi, scelerisque vitae, ultrices vel,
euismod vel, eros. euismod vel, eros. euismod vel, eros.
June 2014
1
Dean reads the 2 3 4 5 6 7 8
Committee
recommendations
(7 days to respond)
9 Mail off NBME 10 11 12 13 14 15
Dean accepts accommodations (60 days)
reinstatement :) START USMLE STEP 1
studying (6 weeks)
107
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
EVENTS
July 2014
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
NBME Disability Services and Accommodation Decision & take USMLE STEP 1 week
108
21 22 23 24 25 26 27
Text
28 Clinical SkillsReview
29 and I2C Orientation
30 31 make-up week
EVENTS
August 2014
1 2 3
4 5 6 7 8 9 10
start 3rd year
11 12 13 14 15 16 17
109
18 19 20 21 22 23 24
25 26 27 28 29 30 31
EVENTS
(
8513(Lucuya(Way(Apt(307((
(813)(453D4349(
Email:(nzainula@health.usf.edu(
(
Subject:)Questions)for)Petition)for)Readmission))
Date: 5/23/2014
Dr. Bryan Bognar

12901 Bruce B. Downs Blvd., MDC 54
Tampa, Fl 33612-4799
(813) 974-7131
(
(
Dear(Dr.(Bognar,((
(
I(apologize(for(not(providing(an(agenda(for(the(meeting.(However,(since(my(“open(
window”(for(Petition(for(Readmission(is(next(week;(I(thought(it(would(be(
understood(that(I(would(want(to(meet(with(you(for(last(minute(questions(before(I(
submit(my(final(copy(to(Dr.(Lockwood.((
(
1)(New(copy(of(Petition(addressed(to(Dr.(Lockwood((
2)(Financial(Situation(and(Petition(time(period(
3)(Petition(Format(
4)(Meeting(with(Dr.(Lockwood(
(
Dr.(Van(Loveren(stated(in(the(letter(dated(April(22,(2014(that(I(can(modify,(withdraw(
or(supplement(the(petition.(To(avoid(any(confusion,(I(wanted(to(know(appropriate(
steps(to(take(to(notify(to(Mrs.(Brickner(to(not(present(the(previous(materials(
addressed(to(Dr.(Van(Loveren(to(Dr.(Lockwood.(I(think(that(would(cause(too(much(
confusion.(When(I(gave(you(supporting(documents(and(appendices(you(stated(in(our(
meeting(on(April(4,(2014(that(there(was(so(much(material(and(you(were(confused.(
Due(to(that,(I(decided(to(include(diagrams(and(flow(charts(in(the(petition(and(all(of(
the(materials(printed(and(in(perfect(binding.((However,(I(want(to(thank(you(for(your(
honest(feedback.(I(am(not(sure(regarding(the(logistics(if(USF(MCOM(has(a(specific(
format(for(petition(and(appeals.(However,(I(am(primarily(following(rules(of(standard(
legal(briefs((i.e.,(thirty(pages,(double(spaced,(one(sided).(Also,(if(that(is(appropriate.(I(
also(wanted(to(know(if(there(are(other(logistics(that(I(may(not(know(of(from(the(
administrative(side,(which(I(need(to(do(as(well((i.e.,(submit(a(copy(to(the(registrar(
and(you?)(
(
110
(
8513(Lucuya(Way(Apt(307((
(813)(453D4349(
(
Another(question(I(had(was(regarding(my(financial(situation.(This(is(a(personal(
matter(and(I(am(not(sure(if(it(is(appropriate(to(mention(to(Dr.(Lockwood.(However,(
since(I(was(notified(last(year(that(I(could(petition(in(March;(I(felt(maybe(it(is(OK(since(
the(new(change(is(inflicting(financial(and(academic(distress(to(a(student(due(to(
recent(administrative(changes.(For(example,(I(am(vacating(my(apartment(in(two(
weeks((June(8,(2014)(and(putting(my(belongings(in(storage(during(the(petition(for(
readmission(time.(Due(to(my(financial(situation,(I(had(no(option,(but(to(submit(my(
60(day(vacate(notice(before(my(lease(ends(and(I(was(notified(recently(that(I(cannot(
extend(my(apartment(rent(for(another(month(since(my(apartment(has(been(leased.(
As(you(may(know(from(experience,(the(cost(of(moving(and(finding(another(
apartment(is(about($1000((movers,(security(deposits,(etc.).(I(have(been(“working(
around(the(situation”(and(did(not(pay(for(my(car(payment(last(month(and(in(lieu(
used(USF(FCU(over(drafted(convenience(pay(option(to(help(me(with(the(situation.(I(
also(submitted(my(paperwork(for(an(extension(of(my(forbearance(for(Fedloan(and(
was(approved(last(week.(In(the(meantime,(I(will(be(moving(back(with(my(family(in(a(
small(apartment(in(South(Tampa(and(sharing(a(room(with(my(younger(sister(until(I(
am(readmitted(and(my(financial(aid(package(is(reinstated.(I(am(just(not(sure(if(that(
should(be(mentioned(somewhere.((
(((
Third(question(was(regarding(my(decision(to(not(request(a(meeting(with(Dr.(
Lockwood.(I(felt(that(though(the(issue(is(pressure(in(nature,(however,(that(might(
impose(a(conflict(of(interest(situation.(However,(I(did(meet(with(Dr.(Klasko(last(year(
on(May(22,(2013(with(Dr.(Monroe(and(he(had(not(read(my(file(at(that(time.(I(gave(
him(a(short(synopsis(or(brief(of(my(situation.(I(wanted(to(notify(through(some(form(
of(communication(that(upon(reading(my(petition(for(readmission(application;(if(Dr.(
Lockwood(wishes(to(speak(to(me(personally(regarding(the(matter(or(if(he(has(any(
questions(or(concerns,(that(option(is(available.(I(just(did(not(want(to(cross(any(lines(
and(deviate(from(the(accepted(standards.((
((
I(acknowledge(you(may(have(other(obligations.(I(was(also(not(sure(if(meeting(with(
you(was(appropriate(since(that(can(also(impose(a(conflict(of(interest(situation.(
However,(upon(reading(the(letter(or(agenda,(you(feel(it(is(OK(to(meet(then(I(will(
make(an(appointment(with(Ms.(Rivas.(Otherwise,(we(can(communicate(via(eDmail(
and(I(will(hand(deliver(my(final(copy(of(Petition(to(Mrs.(Brickner(early(next(week(
since(my(last(petition(addressed(to(Dr.(Van(Loveren(was(lost(in(the(mail.((
(((
Thank(you(again,((
(
111
8/1/2016 RE: Meeting Agenda - Zainulabeddin, Nausheen
RE: Meeting Agenda
Bognar, Bryan
Tue 5/27/2014 7:28 AM
Cc:Rivas, Milene <mrivas@health.usf.edu>;
Dear Nausheen,

Let’s please plan on mee ng in my office tmrw/Wednesday at 7:30 AM for a few minutes to discuss your ques ons.

Thank you,

Bryan Bognar

Tampa, FL 33612-4799
Phone: 813-974-7131
Fax: 813-974-2976

Sent: Friday, May 23, 2014 10:01 AM
To: Bognar, Bryan
Subject: Mee ng Agenda

Dear Dr. Bognar,

I have attached the questions I had which I wanted to ask you in an appointment. If you could answer the questions
via email before Wednesday next week; it will be sufficient (no meeting is necessary). I acknowledge you may
have other obligations and pressing issues.

Thank You

112
113
8/1/2016 RE: Discuss questions relative to appeal - Zainulabeddin, Nausheen
RE: Discuss questions relative to appeal
Bognar, Bryan
Wed 5/28/2014 5:07 AM
Inbox
Thank you for the update Nausheen.

Bryan Bognar

Tampa, FL 33612-4799
Phone: 813-974-7131
Fax: 813-974-2976

Sent: Tuesday, May 27, 2014 5:06 PM
To: Bognar, Bryan
Subject: RE: Discuss ques ons rela ve to appeal

Thank You Dr. Bognar,

I delivered the package today (5/27/14) at 10:50 AM to Mrs. Brickner at the Dean's office. I have attached the delivery
confirmation signature that Mrs. Brickner signed upon the receipt of the package. And emailed Dr. Lockwood the receipt of
the package and that he should be expecting a new package from me from Mrs. Brickner for my petition for readmission
(May 28, 2014). I believe the standard now is to wait up to 10 business days for his decision.

Sincerely,

From: Bognar, Bryan
Subject: RE: Discuss questions relative to appeal
Thank you Nausheen.

I will remove our proposed mee ng from my calendar for tmrw/Wednesday morning.

Bryan Bognar

Tampa, FL 33612-4799
Phone: 813-974-7131
Fax: 813-974-2976
114

8/1/2016 RE: Discuss questions relative to appeal - Zainulabeddin, Nausheen

Sent: Tuesday, May 27, 2014 10:11 AM
To: Bognar, Bryan
Subject: RE: Discuss ques ons rela ve to appeal

Dear Dr. Bognar,

Thank you for accepting my request for an appointment to answer questions relative to my petition for readmission.
I would like to cancel the appointment since my letter is due before 8 AM tomorrow and it would be too late. Since
Dr. Van Loveren stated in his last letter dated April 22, 2014 that I could:

“...withdraw, modify or supplement the “Petition” and accompanying packet at any time before that
date (May 28, 2014)... (please see attachment)

I prepared a new package and petition and will be dropping it off to Mrs. Brickner this morning. I did email her
yesterday regarding the new petition package and a receipt I prepared for the package. I have attached the delivery
of the package receipt and pertinent documents to this email. The petition is about the same as the one I had sent to
interim Dean, though, I just changed the format (i.e., double spaced, APA style, corrected grammatical errors,
deleted redundant statements, reorganized the appendices and addressed to him (besides Dr. Van Loveren). In the
package, I included an electronic version (USB drive) and hard copy format (documents in perfect binders).

I had a question regarding including a summary of my financial situation; however, I decided to not mention this
aspect since it has already been addressed to him in the week of 5/5/2014. The only other question was regarding
making an appointment with him, however, I have organized a petition that he would be able to understand the
situation and if required request an appointment with me at his discretion.

Thank You and I will keep you posted about any updates and concerns.
From: Bognar, Bryan
Sent: Tuesday, May 27, 2014 7:29 AM
Subject: Discuss questions relative to appeal
When: Wednesday, May 28, 2014 7:30 AM8:00 AM.
Where: Bognar's office (OEA)

115
116
8/1/2016 RE: Letter - Zainulabeddin, Nausheen
RE: Letter
Fri 5/30/2014 4:38 PM
To: Brickner, Debra <dbrickne@health.usf.edu>;
Cc:Lesko, Cheryl <clesko@health.usf.edu>;
Dear Mrs. Brickner,
This is to confirm that I have received the letter dated May 30th 2014 sent by Ms. Burford on behalf of USF MCOM Dean Dr.
Lockwood.
Thank You
From: Brickner, Debra
Cc: Lesko, Cheryl
Subject: Letter
Dear Nausheen,

A ached please find a le er from Ms. Burford regarding your recent Pe on for Readmission to the medical school.

Thank you,

Debbie

Debbie Brickner
Executive Administrative Specialist to
Charles J. Lockwood, M.D., M.H.C.M.
Senior Vice President, USF Health
Dean, Morsani College of Medicine
Professor, Obstetrics and Gynecology
Office (813) 9740533
Fax (813) 9744207
dbrickne@health.usf.edu

117
(
(813)(453D4349(
(
(
(
(
Date:(June(2,(2014(
(
Subject:))Request)for)an)Appointment)with)Dr.)Bognar)for)Petition)for)
Readmission)Dean’s)Committee)Hearing)(Meeting(Agenda).))
(
Dr. Bryan Bognar
12901 Bruce B. Downs Blvd., MDC 54
Tampa, Fl 33612-4799
(813) 974-7131
(
(
Dear(Dr.(Bognar,((
(
I(received(a(letter(dated(May(30,(2014(from(Ms.(Burford((on(behalf(of(USF(MCOM(
Dean(Dr.(Lockwood(regarding(acceptance(of(my(request(for(petition,(clarification(of(
the(petition(process(and(that(after(formulation(of(the(Dean’s(Petition(Committee(that(
I(would(be(informed(of(the(meeting(date.(I(am(writing(to(you(to(request(an(
appointment(with(you.(I(have(enclosed(the(meeting(agenda(for(the(meeting.(The(
primary(purpose(of(the(meeting(is(for(advice(and(direction(for(the(Dean’s(Committee(
hearing.(The(important(questions(I(had(was:(
(
1) Letter(from(Dr.(Stevenson(regarding(my(grades(in(my(transcript(
2) Appeal(to(the(Course(directors(for(the(courses(failed(last(year(
3) Power(Point(Presentation(for(the(Dean’s(Committee(Hearing(
4) Potential(Dean’s(Committee(Conflict(of(Interest(Situation(
5) Release(of(Clinical(Evaluations(and(Records(during(my(enrollment(at(USF(
MCOM(
6) Advice(for(the(Dean’s(Committee(hearing(
7) Letter(from(Dr.(Stevenson(and(Dr.(Dawn(Schocken(for(I2C(and(Clinical((
(
(
(
(
(
(
118
(
(813)(453D4349(
(
(
(
1. Letter)from)Dr.)Stevenson)or)someone)part)of)the)curriculum)committee)
regarding)my)grades)in)my)transcript)
)
Due(to(the(fact(there(has(been(recent(curriculum(and(grade(changes(at(USF(
MCOM(and(I(had(to(repeat(first(and(second(year(twice;(my(transcript(is(vague.((
During(my(enrollment(from(2009D2010(Academic(Year,(I(was(part(of(the(
traditional(curriculum((H,(PC,(P..(and(the(curriculum(was(not(system(based((i.e.,(
Physiology,(and(Molecular(Mediicne,(etc.(were(separate(courses).((
(((
When(I(repeated(First(year(again(in(2010D2011,(the(curriculum(was(changed(to(a(
system(based((i.e.,(Courses(1,(2(and(3).((
(((
In(my(second(year(of(medical(school((Academic(Year(2011D2012)(the(curriculum(
was(system(based;(however,(the(grading(was(not(P/F(system(as(it(was(in(my(
repeat(year((Academic(Year(II(2012D2013).(Though(I(have(explained(the(
curriculum(changes(in(my(petition(for(readmission(packet((Chronological(
Academic(History(section);(however,(it(is(imperative(to(have(a(letter(from(USF(
MCOM(Curriculum(committee(to(explain(the(recent(changes(and(why(my(
transcript(is(a(bit(vague.((The(Clinical(Faculty(chosen(to(be(part(of(the(Dean’s(
Committee(is(from(the(community(and(may(not(have(knowledge(of(the(recent(
curriculum(changes.(The(past(Dean’s(Committee(hearing(on(May(3,(2013(also(
raised(this(concern(and(though(I(was(able(to(explain(this,(however,(supporting(
evidence(summarizing(this(aspect(from(USF(MCOM(administrator(would(help(the(
committee.(I(believe(even(a(letter(from(the(Vice(Dean(of(Educational(Affairs(
summarizing(the(recent(curriculum(changes(from(2009D2013(would(be(sufficient(
and(allow(the(Dean’s(Committee(to(understand(the(issue(better.(
(
2. Appeal)to)the)Course)directors)for)the)courses)failed)last)year)
(
Since(I(was(notified(that(I(had(failed(EBCR(II(and(Doctoring(II(Course(a(day(or(two(
before(my(dismissal,(I(did(not(have(the(opportunity(to(appeal(my(grade(under(USF(
MCOM(Handbook(Section(IV.E((4)((aDd).(Though(I(underwent(Doctoring(II(course(
and(EBCR(II(course(remediation(after(my(dismissal(at(the(discretion(of(the(course(
directors((since(that(was(the(only(option(given(to(me);(I(did(not(formally(appeal(my(
grade(to(faculty,(UME(and(Vice(Dean(for(Education(Affairs.(After(my(dismissal,(I(
formulated(Appeal(packet(for(the(courses(to(present(to(the(Dean’s(Committee,(which(
includes(my(appeal(with(emails,(grades(and(other(evidence(supporting(that(my(
grade(was(assigned(erroneously.((
(((
119
(
(813)(453D4349(
(
I(wanted(to(ask(that(since(my(request(for(the(petition(has(been(granted,(and(I(am(
contesting(my(status(as(USF(MCOM(Student(for(third(year(standing;(can(I(send(my(
appeal(to(the(course(directors(for(Doctoring(II(and(EBCR(II(course.(I(think(that(a(
letter(to(the(Dean’s(Petition(Committee(from(Faculty(Doctoring(II(and(EBCR(II(course(
Directors(that(the(grade(was(erroneously(assigned(would(allow(the(committee(to(
understand(the(situation.(However,(this(is(beyond(the(10Dday(receipt(of(the(grade(
and(deviates(from(the(standards.((Because(this(situation(is(an(exception;(I(wanted(to(
know(if(that(is(a(possibility(or(should(Dean’s(Petition(Committee(read(individual(
appeal(for(the(courses(that(I(have(included(in(my(petition(letter(to(the(Dean(and(that(
they(should(make(an(appropriate(suggestion(for(the(situation(at(their(discretion.(To(
request(Faculty(to(read(my(Course(Appeals,(I(would(need(a(formal(approval(from(
you(and(at(their(discretion(they(can(read(and(provide(a(formal(letter(to(the(
committee(regarding(the(grade.(Though(the(grade(cannot(be(changed(since(that(
would(deviate(from(the(10(day(standard,(however,(only(a(letter(from(the(Course(
Directors(Decision(to(the(Petition(Committee(of(my(Course(appeals(included(in(the(
Appendices(of(my(petition(would(enable(the(committee(to(further(understand(
previously(erroneously(assigned(grade.((
(
3. )Power)Point)Presentation)for)the)Dean’s)Committee)Hearing)
(
In(my(previous(APRC(and(Dean’s(Committee(hearing;(the(standard(is(that(I(read(my(
Appeal(Letter(out(loud(and(answer(any(questions(by(the(committee(member.(I(
wanted(to(know(if(it(is(possible(to(present(my(situation(in(the(form(of(a(power(point(
presentation(in(the(Dean’s(Committee(Petition(Hearing.(I(would(provide(a(copy(of(
the(power(point(presentation,(Dean’s(Committee(Letter(and(supporting(documents(
well(in(advance.(But,(I(wanted(to(know(if(that(is(appropriate(and(if(the(room(can(be(
arranged(in(which(it(has(the(IT(capacity(for(this(venue.(
(
(
4. Potential)Dean’s)Committee)Conflict)of)Interest)Situation)
(
From(my(understanding(of(past(Dean’s(Appeal(hearing(that(the(committee(is(
comprised(of(three(clinical(faculties(and(two(senior(medical(student(council(
members.(I(wanted(to(inform(well(in(advance(that(I(believe(there(could(be(a(
potential(conflict(of(interest(situation.(This(is(because(Vignesh(Doraiswamy,(MSD4(is(
an(Administrative(Vice(PresidentD(Medical(Student(Council(and(also(a(good(friend(
where(I(have(confided(in(him(of(most(of(my(struggles,(and(part(of(the(2014(and(2015(
class(with(me.(I(feel(that(having(a(good(friend(in(Dean’s(Committee(could(be(a(
conflict(of(interest(situation.(However,(I(felt(it(was(my(fiduciary(duty(to(inform(ahead(
of(time(as(Dean(Dr.(Lockwood(is(in(the(process(of(formulating(five(committee(
members(to(represent(him.(
120
(
(813)(453D4349(
(
)
5. Release)of)Clinical)Evaluations)and)Records)during)my)enrollment)at)
USF)MCOM)
)
Though(I(have(saved(most(of(my(emails(and(clinical(evaluations(during(my(
enrollment(at(USF(MCOM;(however,(I(wanted(to(know(if(there(is(any(way(to(release(
all(of(my(clinical(evaluations(and(records.(
)
)
6. Advice)for)the)Dean’s)Committee)hearing/))
7. Letter)from)Dr.)Stevenson)and)Dr.)Dawn)Schocken)for)I2C)and)Clinical))
(
I(wanted(any(additional(advice(that(would(be(helpful(for(the(Dean’s(Committee(
Hearing.((
(
(
Thank(You(
(
(
((
(
)
)
(
121
a. If, in the opinion of the APRC, a student’s academic performance does not meet the
USF MCOM institutional requirements for continuing enrollment, the Committee may recommend
Handbook Section IV.E that the student be dismissed from enrollment in the Morsani College of Medicine. The
student will be notified as soon as possible once this decision has been made.
(4) (a-d b. A student will be subject to dismissal if he/she has more than one F grade at any time,
fails a course while on Academic Probation, receives a deficient grade for a course for a
second time, fails to meet the requirements of remediation, or upon any other evidence
of poor academic performance or deficient professional behavior as determined by the
APRC.
c. A student whose performance, though passing, is borderline or marginal in several
courses will be subject to dismissal if the APRC determines that the student does not
meet the competency standards of the Morsani College of Medicine. Similarly, a student
whose performance, though passing, consists of a record of multiple deficiencies or
failures with subsequent remediation will be subject to dismissal.
d. A student will be sponsored by USF Morsani College of Medicine for USMLE Step 1 and 2
exams for a maximum of 3 times each under ordinary circumstances. Following a third
failure on any one of these exams the student will be subject to dismissal.
e. A student may be dismissed from the Morsani College of Medicine if his/her
professional behavior and ethics are not in keeping with the standards of the College.
Graduation is predicated on the determination by the faculty, as recommended by the
APRC, that a student is suitable for the practice of medicine in terms of professional
attitudes and values. The APRC may recommend to the Dean of the Morsani College of
Medicine, the dismissal of any student whose behavior is not consistent with the
standards of the medical profession, or when the student’s presence in the medical
school is considered detrimental to the student in question, others in the Morsani
College of Medicine community or patients. The APRC will evaluate, when requested,
cases of students whose professional behavior and/or ethics have been questioned and,
if deemed appropriate, may make a recommendation for dismissal from the College.
f. If there is a recommendation that the student be dismissed, the student may request in
writing an appeal hearing before the APRC within ten (10) school days of the time the
original decision was made.
4. Grade Appeal Process
a. Basis for Appeal
i. A student may appeal a course grade if the student has evidence that the grade was
assigned in an erroneous manner. This is not a process for appeal of established
departmental grading policies. The following procedure provides guidelines for the appeal
process. All persons concerned with this process should make every attempt to adhere to
the approximate time schedule outlined in the following description of the appeal process.
b. Appeal to the Faculty Member for Review of the Assigned Grade
i. Within ten (10) school days* after the receipt of the grade, the student may appeal in
writing to the responsible faculty member any assigned grade that they dispute. The faculty
member will review the course grading guidelines with the student to ensure that the
process is understood and has been followed. If it is found that the assigned grade is
incorrect in the judgment of the faculty member, he/she will initiate the appropriate
change. If the change is made at this point, the matter is concluded. The faculty member will
34
122
respond in writing to the student within ten (10) school days of the student’s request for
review.
*All actions related to the appeals process are expected to be taken within two (2) weeks of
receipt; however, in instances where holidays or vacation intervene, action must be taken
within ten (10) weekdays on which classes are held.
ii. If the faculty member is no longer with the University, the student shall confer with the
departmental chairperson who will then make every effort to receive written input
concerning the matter from the former faculty member. If it is not possible to receive
information from the former faculty member regarding the grade, then the student may
appeal the grade as described below and the departmental chairperson will represent the
interests of the faculty member who issued the grade.
c. Appeal to the Department Chairperson/Associate Dean for UME
i. If the question of the assigned grade cannot be resolved between the student and the
faculty member, the student may appeal in writing to the chairperson of the department in
which the course was taught or for interdisciplinary courses to the Associate Dean for UME.
This appeal must be made within ten (10) school days following the initial faculty member
review. The student shall include all relevant information relating to the appeal with the
written appeal. After receiving such an appeal in writing from the student, the chairperson
shall review with the faculty member the substance of the student’s appeal and seek to
determine its validity.
ii. If the chairperson/Associate Dean determines that the assigned grade is, in his/her
judgment, inappropriate, the chairperson should recommend to the faculty member that
the grade be changed. The faculty member may or may not concur with the
chairperson’s/Associate Dean’s recommendation.
iii. The chairperson/Associate Dean will notify the student in writing, within ten (10) school
days of receipt of the appeal, whether or not the assigned grade will be changed by the
faculty member. If the grade is changed to the student’s satisfaction, the matter is
concluded. If the grade is not changed, the chairperson/Associate Dean will advise the
student of the right of appeal to the Vice Dean for Educational Affairs.
iv. If the student elects to appeal, copies of all written communication mentioned above shall
be sent by the chairperson/Associate Dean to the Vice Dean for Educational Affairs as
described below.
d. Appeal to the Vice Dean for Educational Affairs
i. If the grade is not changed to the satisfaction of the student at the departmental level, the
student may appeal the assigned grade, in writing, to the Vice Dean for Educational Affairs.
This appeal must occur within ten (10) school days of receipt of the decision of the
chairperson/Associate Dean. The appeal shall be prepared in writing by the student in
consultation with the Associate Dean for Student Affairs of the Morsani College of Medicine.
The Vice Dean for Educational Affairs may discuss the case with the student, the faculty
member, the chairperson of the department in which the course was taught or the
Associate Dean for UME, the Associate Dean for Student Affairs and the Chair of the APRC.
Following these discussions, the Vice Dean for Educational Affairs may make a
35
123
recommendation to the faculty member, the student, and the department
chairperson/Associate Dean. If this results in an acceptable solution to all parties, the matter
is concluded. If not, then a Hearing Committee will be appointed. The Vice Dean for
Educational Affairs may, if he/she chooses, appoint a Hearing Committee upon receiving the
initial appeal. The appeal will be handled as expeditiously as possible by the Vice Dean for
Educational Affairs.
ii. When the decision is made to establish a hearing to investigate an appeal, the Vice Dean for
Educational Affairs shall convene an ad hoc committee comprised of three senior members
of the faculty of the Morsani College of Medicine who had not previously been involved in
issuing the grade or the appeal process and three medical students, all of whom shall have
voting privileges. This Committee shall elect a chairperson and hold a hearing concerning
the appeal at a time acceptable to all participants. At this hearing all material relevant to the
appeal shall be presented by the student, the Associate Dean for Student Affairs, the Chair
of the APRC, the faculty member issuing the grade or raising the concern, or the department
chairperson/Associate Dean for UME. Others may be requested to assist the Committee.
The student may request to have another individual present for support.
iii. The Hearing Committee will submit to the Vice Dean for Educational Affairs a written report
containing a recommendation for a specific course of action regarding the student’s grade
appeal. If the Committee cannot reach a conclusion, the written report will be submitted to
the Vice Dean for Educational Affairs who will consider the reason(s) why the committee
failed to reach a decision.
iv. The Vice Dean for Educational Affairs will then recommend a solution, which may or may
not contain some or all of the recommendations of the Hearing Committee. As delegated
authority of the Dean, the decision of the Vice Dean for Educational Affairs is final.
5. Appeal Mechanism for Disciplinary Action or Dismissal
A disciplinary action of the APRC may be appealed by the student for reconsideration of the action
taken. If the disciplinary action of the APRC is to dismiss the student from the Morsani College of
Medicine, the student must appear before the APRC.
a. Request for Hearing
The request must be received in writing within ten (10) school days following the date the
student was informed of the decision. Requests to appear before the Committee should be
submitted to the Associate Dean for Student Affairs and the chairperson of the APRC.
b. Appeal of APRC Hearing Decision
The hearing will address evidence of the student’s performance or professional behavior. The
student has the right to be present for the appeal and may be accompanied by a person or
persons of the student’s choice to provide support and counsel to the student. The person(s)
may not act as the student’s attorney. The Associate Dean for Student Affairs also may serve as
an advocate for the student in the appeal before the Committee if requested by the student.
Alternatively the student may request that another faculty member, who is not a member of the
APRC, serve as their advocate. That individual will be present at the Committee meeting only
while the student is present. Immediately following the hearing, the APRC will decide upon a
specific recommendation. Recommendations of the appeal Committee are final in all decisions
36
124
8/1/2016 Zainulabeddin request for an Appointment for ques... - Zainulabeddin, Nausheen
Zainulabeddin request for an Appointment for questions for Dean's
Petition for Readmission Committee Meeting
Mon 6/2/2014 11:15 AM
1 attachment ﴾931 KB﴿
Letter to Dr. Bognar 6_2_2014.pdf;
Dear Dr. Bognar,
I received a letter dated May 30, 2014 from Ms. Burford on behalf of USF MCOM Dean Dr. Lockwood regarding
acceptance of my request for petition, clarification of the petition process and that after formulation of the Dean’s
Petition Committee that I would be informed of the meeting date. I am writing to you to request an appointment
with you. I have enclosed the meeting agenda for the meeting in this email. The primary purpose of the meeting is
for advice and direction for the Dean’s Committee hearing. The important questions I had was:
1) 1. Letter from Dr. Stevenson regarding my grades in my transcript
2) 2. Appeal to the Course directors for the courses failed last year
3) 3. Power Point Presentation for the Dean’s Committee Hearing
4) 4. Potential Dean’s Committee Conflict of Interest Situation
5) 5. Release of Clinical Evaluations and Records during my enrollment at USF MCOM
6) 6. Advice for the Dean’s Committee hearing/ Letter from Dr. Stevenson and Dr. Dawn Schocken for I2C and
Clinical
Thank You
125
8/1/2016 RE: Question - Zainulabeddin, Nausheen
RE: Question
Mon 6/2/2014 12:40 PM
To: Brickner, Debra <dbrickne@health.usf.edu>;
Cc:Lesko, Cheryl <clesko@health.usf.edu>;
Thank You
Sent: Monday, June 02, 2014 9:29 AM
Cc: Lesko, Cheryl
Subject: Question
Nausheen, each of the commi ee members will have the opportunity to review the package. There is no need for you to
photocopy the en re set for five people.

Thank you.

Debbie

Debbie Brickner
Office (813) 9740533
Fax (813) 9744207

126
8/1/2016 RE: Package Delivered to Dr. Lockwood - Zainulabeddin, Nausheen
RE: Package Delivered to Dr. Lockwood
Burford, Roberta <Rbfriedl@usf.edu>
Wed 6/4/2014 4:01 PM
Cc:Lockwood, Charles <cjlockwood@health.usf.edu>; Bognar, Bryan <bbognar@health.usf.edu>; Brickner, Debra
<dbrickne@health.usf.edu>;
This a ernoon between mee ngs, I returned the call, leaving a VM at the # you provided and seeking a call back.

Nonetheless, let me take this electronic opportunity to state that I have reviewed your statements and while, I don’t agree
that the 10 day reference was misstated in my le er; the most important thing is that we are all aware that there is no 10
day me limita on applicable to the Dean’s considera on or that of his Ad Hoc Commi ee with respect to your Pe on.
Due to the factors noted in my le er to you, we are unable to provide a me es mate for finaliza on of the review and
considera on of your Pe on.

In the mean me prior to the se ng of the mee ng with you by the Commi ee, please relay all your generated
communica ons on the topic of your Pe on to me and I will either respond or route the communica on internally within
USF Health to the appropriate staff. You may be the recipient of communica ons from other USF Health staff as needed.

Thank you.

Roberta K. Burford
Senior Deputy General Counsel, USF

Sent: Wednesday, June 04, 2014 3:22 PM
To: Burford, Roberta K.
Subject: FW: Package Delivered to Dr. Lockwood

Dear Ms. Burford,

I had called you this morning at 11:53 AM and left a voice mail regarding questions and concerns I may have regarding my
petition for readmission process. I stated in the voice mail that if I had a question regarding the petition if it is OK to ask Dr.
Bognar or do I relay all appropriate questions to you? There was a incorrect statement in the letter dated May 30th 2014 from
you to me on behalf of Dr. Lockwood regarding that I had expected Dr. Lockwood to give me the final decision in 10 days. I
clarified this and emailed Ms. Brickner and Ms. Lesko with supporting documents that the assumption was incorrect. I just
wanted to clarify this. I had a miss call from you and voice mail returning my voice mail I left to you from this morning. And I
am primarily emailing you of the question and concern I would have discussed in our phone call conversation.

I also wanted to know that as it is stated in the the letter from you that I should be hearing of the meeting date with the
committee. Is my assumption correct that it maybe about a month or so (Early July)?

Thank You for your cooperation.

127
Sent: Wednesday, June 04, 2014 2:20 PM
To: Brickner, Debra
Cc: Lesko, Cheryl
Subject: RE: Package Delivered to Dr. Lockwood
Dear Mrs. Brickner,

I just wanted to clarify from the Calendar I gave to Dr. Lockwood and Dr. Bognar (Dr. Bognar stated he presented it to Dr.
Lockwood on 5/6/2014) and letter I gave to you on April 11, 2014 that I did not expect for Dr. Lockwood to give me the final
decision of my petition for readmission in 10 days. However, from my understanding as stated as well in the letter dated April
11, 2014 which I hand delivered to you that from my experience of previous internal grievance process that the Dean reads
the request and responds within a time frame of whether the request to be granted or denied for proceeding through the
process (i.e request accepted and formulation of the committee). It did not mean that I expected an final decision for
petition for readmission in 10 days. As stated in a timeline which I provided to Dr. Bognar and Dr. Lockwood in the week of
5/5/2014 that from my understanding the entire process would take about a month or so (or even more). I just wanted to
clarify this confusion. Since Ms. Burford's letter dated May 30, 2014 quote my email from May 28, 2014 that

"I have emailed Dr. Bognar regarding the update and from my understanding Dr. Lockwood has standard 10 days to respond
to my petition"

I thought it was understood from the letter I gave you on April 11, 2014 and Scenario 2 given to Dr. Lockwood that I meant
that Dr. Lockwood has about 10 days to read the letter [which is about 910 pages (not double spaced); everything else is
evidence of the statements in the letter]. And upon reading my petition to decide whether to accept my request for petition or
not. I also was not sure if it was 7 days or within 10 days in which the Dean would respond for the request to petition (not
the final decision, just request and then upon acceptance of request a committee would be formulated). To clarify the
confusion regarding whether I should expect 10 days or 7 days for the decision of the request, I had emailed Ms. Cook
regarding this and she stated that maybe it is 10 days which I have attached to this email.

Thank You and I apologize in advance for any misconfusion. And I appreciate your cooperation and sincere patience through
the process.

To: Brickner, Debra
Thank You Mrs. Brickner for the confirmation. I had written a post it note to Dr. Lockwood that upon the receipt of the
package (when he opens it and starts reading the petition) to sign the confirmation receipt (the same one you had signed) or
an confirmation with an email CC: you, me and him that he has received the package is OK too.

If he signs the confirmation receipt, I had stated in the post it to give it to you for me to pick up for my record purposes.
Once that is available; just email me and I will pick it up from the office or you can call my cell phone at 813 453 4349 once
it is ready.

I have emailed Dr. Bognar regarding the update and from my understanding Dr. Lockwood has standard 10 days to respond
to my petition. My lease ends next week for my apartment and I will be moving out on June 8th 2014. I would appreciate that
once Dr. Lockwood's letter of the decision is ready to email me like you did when Dr. Van Loveren's letter was ready and I will
pick it up from the office.

Thank You Mrs. Brickner

I placed the package in his office and showed him where it was.

Debbie

Debbie Brickner
Office (813) 9740533
Fax (813) 9744207
128


To: Brickner, Debra
Subject: Package Delivered to Dr. Lockwood

Dear Mrs. Brickner,

Can you send me an confirmation that you have handed the package to Dr. Lockwood and he has received it and will be
reviewing the material from the new package for petition for readmission. Since the window for my petition is tomorrow; I
would just like an confirmation that you have delivered it to him.

Thank You again.

129
8/1/2016 Zainulabeddin 6/6/14 Summary of the Appointment f... - Zainulabeddin, Nausheen
Zainulabeddin 6/6/14 Summary of the Appointment for Petition for
Readmission
Fri 6/6/2014 5:13 PM
1 attachment ﴾6 MB﴿
Dr. Bognar Meeting 6_6_2014.pdf;
Dear Dr. Bognar,
I have attached an summary from our appointment today on 6/6/2014 at 12:00 PM. It also contains some reminders of tasks
that you stated you would research such as USF MCOM Handbooks 20092013 and information regarding the release of my
clinical evaluations and records. I also attached the summaries of the cases I mentioned in our meeting and Feb 21, 2012
APRC Letter. From our conversation, I got the impression that final copy of petition was forwarded to you and Mrs. Ferguson.
It came to my recent understanding that the petition is forwarded to the MCOM attorney and respective administrators involved
in the petition process? I had initially thought that this information is only relayed between the Dean's committee members and
Dean Dr. Lockwood.
Thank You
130
U5501230583(
((813)(45304349(
(
Date:(June(6,(2014(
(
Subject:))Petition)for)Readmission)Appointment)Meeting)on)6/6/2014)
(
Dear(Dr.(Bognar,((
(
Thank(You(for(meeting(with(me(today(on(6/6/2014(at(12:00(PM(and(answering(my(
questions(from(my(meeting(agenda(I(sent(to(you(via(e0mail(on(June,(2,(2014(and(
advice(regarding(my(petition(for(readmission(process.(In(our(meeting,(we(talked(
about(all(of(the(components(mentioned(in(the(meeting(agenda(and(approximate(
time(frame(of(the(petition(committee(meeting(and(information(about(what(
information(the(committee(will(have(and(what(the(committee(would(be(comprised(
of.((
((((
In(our(meeting(today(you(clarified(to(me(that((
(((
1) The(committee(is(not(made(of(three(faculty(members(and(two(senior(
medical(student(council(representatives((as(it(was(in(the(Dean’s(Appeal(
committee),(but(the(petition(committee(is(made(of(five(senior(faculty(
members(who(will(have(sufficient(knowledge(of(our(curriculum(and(recent(
changes.(
2) (That(the(committee(will(only(have(my(Petition(and(summary(and(update(of(
previous(APRC(actions.((
I"am"not"sure"if"the"student"can"have"a"copy"of"the"summary"or"is"that"internal"
administrative"confidential"information.""
3) That(I(do(not(have(to(appeal(formally(to(the(course(directors(before(the(
petition,(but(bring(that(point(in(the(petition(and(that(the(committee(at(their(
discretion(will(contact(the(course(directors(for(the(correction(of(the(wrongly(
assigned(grade.(
4) That(about(15020(minute(power(point(presentation(is(OK(for(the(petition.(
Also,(a(request(for(a(room(with(a(functioning(projector.("
5) We(discussed(that(the(Petition(Committee(Hearing(would(most(likely(be(in(
the(week(of(June(16th(or(June(23rd((but;(it(will(not(be(early(July).("
6) That(Petition(Faculty(Committee(would(have(read(the(letter((first(booklet)(
and(as(much(as(possible(of(all(of(the(appendices.((However,(I(want(to(ask(
personally(that(each(document(to(be(reviewed(to(the(best(of(the(committee’s(
capacity(since(they(are(an(integral(component(of(student’s(petition).(Also,(it(
would(enable(the(committee(to(understand(why(I(am(requesting(tuition(
refund(for(false(certification(of(loan(discharge;(expunge(records(associated(
with(previous(administrative(error(and(not(to(be(placed(on(academic(
probation(standing(upon(reinstatement.("
(((
((
131
U5501230583(
((813)(45304349(
(
(
(
There)are)two)tasks)that)you)stated)in)our)meeting)that)you)would)find)
answers)for)me:))
(((
First,(is(regarding(the(grades(in(my(transcript(and(that(you(would(provide(a(
summary(of(the(“vagueness”(due(to(recent(curriculum(changes(from(200902012(
and(also(provide(percentiles(for(each(competency((i.e.,(Microbiology,(Pathology,(
Pharmacology),(besides(P/F(assigned(grades(for(course(107.(I(am(not(sure(if(I(can(
have(that(formulated(letter(or(transcript(explanation(released(to(me(and(if(required(
edit(it(before(it(is(released(to(the(committee.(However,(I(do(want(a(release(of(my(
competency(%(for(Academic(Year(200902012(to(the(committee.(If(you(have(copies(
of(USF(MCOM(Handbook(200902012(available,(I(can(take(extracts(of(the(handbook(
and(presented(to(the(committee(to(explain(the(“vagueness”(of(previous(academic(
curriculum(and(if(there(can(be(a(release(of(percentile(for(each(of(the(competencies.((
(((
((
Second(was(the(release(of(all(of(my(previous(clinical(evaluations(and(records(on(file.(
You(stated(that(you(will(contact(Dr.(Stevenson(regarding(this(and(will(get(back(to(
me(if(I(can(have(that(as(soon(as(possible.(((
(((
Here(is(the(court(case(that(I(mentioned(in(our(meeting(today:(Organiscak"v."
Cleveland"State"University,"762"N.E.2d"1078"(Ohio"2001),(in(which(the(court’s(final(
decision(was(a(rejection(of(student’s(claim(and(that(it(was(the(responsibility(of(the(
student(to(collect(sufficient(evidence(regarding(the(improvement(in(her(clinical(
skills.((
(((
Although"institutions"must"follow"their"written"readmission"policies,"the"
burden"of"demonstrating"that"readmission"is"warranted"is"on"the"student."
In"Organiscak"v."Cleveland"State"University,"762"N.E.2d"1078"(Ohio"2001),"
a"student"dismissed"from"a"master’s"program"in"speechMlanguage"
pathology"sued"the"university"when"it"rejected"her"petition"for"readmission."
The"court"rejected"the"student’s"claim"that"it"was"the"university’s"
responsibility"to"collect"evidence"of"an"improvement"in"her"clinical"skills;"
the"burden"was"on"the"student"to"convince"the"university"that"her"prior"
academic"performance"was"an"inappropriate"indicator"of"her"present"
ability"to"complete"the"program."
((
((((
Kaplin,(William(A.;(Lee,(Barbara(A.((2011001031).(The(Law(of(Higher(Education((p.(
359).(Wiley.(Kindle(Edition.(((
(((
((
132
U5501230583(
((813)(45304349(
(
(
(
(
(((
As(we(had(discussed(in(our(previous(meeting(dated(April(4,(2014;(and(also(
suggested(by(you(to(request(this(to(the(petition(committee(regarding(the(
inappropriate(legal(standards(that(were(applied(to(me(as(stated(in(a(Feb(21,(2012(
APRC(letter.(I(want(to(request(the(petition(committee(to(take(appropriate(steps(to:(
1) Refund(my(tuition(for(false(certification(of(loan(discharge(
2) Expunge(records(associated(with(previous(administrative(error,(so(it(is(not(
held(against(me(in(the(future.((
3) I(will(also(bring(up(that(I(was(inappropriately(placed(on(Academic(Probation(
standing(on(Feb(16,(2013(APRC(meeting,(and(that(was(held(against(me(and(
led(to(my(dismissal(on(March(14,(2013.(I(will(present(to(the(petition(
committee(my(formal(grade(appeals(that(I(was(not(given(the(opportunity(
due(to(my(sudden(dismissal.(And(for(them(to(take(appropriate(steps(to(
correct(my(erroneously(assigned(grades(so(that(when(I(am(reinstated(at(the(
discretion(of(the(Dean’s(Petition(Committee;(that(I(am(not(placed(on(
academic(probation(standing(as(a(rising(third(year.(I(have(provided(
sufficient(evidence(regarding(these(requests(in(my(petition(and(will(make(
appropriate(references(from(the(petition(appendices(during(the(
presentation.((
(((
(Since(I(am(moving(out(of(my(apartment(this(weekend;(I(am(requesting(that(if(you(
could(please(send(me(the(petition(committee(hearing(date(via(email.(I(have(emailed(
Ms.(Cook(and(Ms.(Brickner(regarding(the(change(of(address(and(gave(them(my(
temporary(PO(BOX(mailing(address(for(all(future(communication.((
(((
PO(BOX(21773(
Tampa,(Fl(3362201773(
(((
I(have(attached(the(Feb(21,(2012(APRC(Letter,(Summaries(of(OCR(cases(in(the(form(
of(the(table(for(your(reference.(I(apologize(in(advance(for(running(late(in(our(
meeting.(Thank(you(for(your(cooperation(and(advice.((
(((
(Sincerely,((
(
(((
((
133
Error 2: I was stated
in October 2011 Error 1: dismissed on Jan 5, 2012 but LOA effective Feb
16?
meeting Dr. Specter
APRC required I stay enrolled in a Kaplan course,
that APRC had a but did not give me half time student standing and due to
copy of my evaluation my economic status; my family and I experienced
immense financial hardship to pay for $3,000 Kaplan
course and support me in my time off while I was required
to “stay in school” without financial funding.
Error 3:
Year 2
ends Feb
28. Audit Text
4-5 days
before the
year ends?
Error 4:
Note
utilizing
resources
sensibly
was held
against me
in my
dismissal
and as
stated in
May 28,
Error 5: Due to administrative error, I had been improperly placed on

academic probation.
OCR case No. 05-10-2189 resolved a similar case in which a student
was improperly placed on academic probation standing to academic
warning and amend the official transcript and since I passed Course 5
above the standard [2nd attempt when I was back on treatment and
received accommodations) the committee should have removed my
academic warning status at the APRC October meeting.
Error 6: Despite the administrative error; my past failures remained on

my transcript and was held against me [discrimination against my
disability and student abuse due to USF MCOM misconduct.
OCR Case No. 08092081 the resolution for a student who was
discriminated was that a student could take the course at no
additional expense, expunge from the records any and all reference to
the course and reimbursement for the tuition and books related to the
course
134
!
!
Table/1:/OCR/Cases/and/Summaries/Full/text/in/Appendix/32B35/
OCR Complaint How is it similar? OCR intervention and

Resolution
OCR# 05-10-2189 1. Auxiliary aid not 1. Informed him in
Univ Chicago given writing that he can
2. Policy reenroll –
improperly “academic
applied and warning”
placed him on 2. What academic
probation adjustments he
will be provided
3. Modification of
the academic
requirements so
that they do not
discriminate or
have the effect of
discriminating
against Student A
because of his
disability
4. Amend official
transcript
1. Failed to provide 1. a letter of the

him with compliant and will
academic not discriminate.
Case Number adjustments 2. Provide the option
08092081-B during “pop to take the course
Univ Denver quiz” in class at no additional
2. Subject to expense and to
different expunge from the
treatment by records/transcripts
creating closed- any and all
book, close note reference to the
exam as opposed course at the issue
to open-book, in those case and
open note test reimburse for the
provided by his tuition and books
peers related to the
3. Subject to course.
harassment 3. Letter including an
920
135
4. Created a hostile expression of
environment regret regarding
Jurisdiction- the professor in
Receives FFA and question’s
Department behavior in his
Parties determined that Cost Management
case can be resolved course.
without further
investigation or
enforcement action at
this time and
OCR No. 10072030 1. did not provide 1. OCR investigated

Univ Guam academic adjustment whether
and auxiliary aid 2. University will pay
2500 in respect to
a refund of any
tuition or
cancellation fees
1. Failed to provide
OCR 05-11-2107 academic 1. Was not provided
Univ of Illinois adjustments and with requested,
auxiliary aids reasonable
which resulted in auxiliary aids and
dismissal and extra lab time.
ineligible to 2. The program
enroll in COD director will
2. Allowed non- discuss how
disabled students reasonable
in the program accommodation
with grades will be handled
similar or worse 3. The university will
than student A’s assess her
grades to enroll eligibility for
in the COD for financial
the fall of 2010 assistance in the
semester. same manner it
would have done
had she been
admitted in the
Fall 2010, without
921
136
consideration of
her previous
unsuccessful
attempts at the
completion of the
program.
4. That the requested
academic
adjustment and/or
modification if it
would result in
fundamental
alteration of
University
program.
922
137
138
EXHIBIT 4
139
140
EXHIBIT 5
141
USF FCU LEIN HOLDER USF FCU LEIN HOLDER: CANDICE FO
LEYDON TOWING PH. CALL PROGRESSIVE CAR INSURANCE, 3/19/18
142
3/19/2018 University of South Florida Mail - USF FCU Please Contact us
Nausheen Zainulabeddin <nkhawaja@mail.usf.edu>
USF FCU Please Contact us
5 messages
cfoster@usffcu.org <cfoster@usffcu.org> Mon, Mar 12, 2018 at 4:21 PM
To: nkhawaja@mail.usf.edu
Dear NAUSHEEN ZAINULABEDDIN
Please contact us or respond to this email to discuss your account status.
Sincerely,
Collection Department
8135692030
CONFIDENTIALITY NOTICE: This email, including any attachments, contains information from USF Federal Credit
Union, which may be confidential or privileged. The information is intended to be for the use of the individual or entity
named above, whom by replying gives express consent to communicate via electronic mail and agrees to hold the credit
union harmless for any third party disclosure that may be made during the transmission, or any subsequent transmission
of this email. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the
contents of this information is prohibited. If you have received this email in error, please notify the sender immediately by
"reply to sender only" message and destroy all electronic and hard copies of the communication, including attachments.
CONFIDENTIALITY NOTICE: This email, including any a achments, contains informa on from USF Federal Credit Union, which may be confiden al or

privileged. The informa on is intended to be for the use of the individual or en ty named above, whom by replying gives express consent to
communicate via electronic mail and agrees to hold the credit union harmless for any third party disclosure that may be made during the transmission,
or any subsequent transmission of this email. If you are not the intended recipient, be aware that any disclosure, copying, distribu on or use of the
contents of this informa on is prohibited. If you have received this email in error, please no fy the sender immediately by "reply to sender only"
message and destroy all electronic and hard copies of the communica on, including a achments.
USF Federal Credit Union
Nausheen Zainulabeddin <nkhawaja@mail.usf.edu> Mon, Mar 12, 2018 at 7:28 PM
To: cfoster@usffcu.org
Thank you, for contacting me. 143
This is the first time, I came to the knowledge that my car is towed, via telephone with Candice today, March 12, 2018.
However, it was towed on Feb 28, 2018. I did call the towing company right away and asked why after two weeks; I am
receiving this message for the first time. Additionally, the towing fees have accrued for nearly two weeks. The towing
https://mail.google.com/mail/u/3/?ui=2&ik=7ab0a9d12a&jsver=7NKBhY4B7p8.en.&view=pt&search=inbox&th=162260ed0c543b7b&siml=1621bdfc9b074ea1&si… 1/4
representative stated they had called and contacted USF FCU, also my father, who is also the owner of the car, and sent
the notifications to my Tampa address and Chicago address.
However, I have not received any correspondence, from anyone until now, March 12, 2018. When the car towing fees are
now of $1095, and it costs $40 per day. If I had known earlier, I would have flown back to Chicago, IL, right away; since
flights are only $50 and picked up my car. Besides accruing costs of $40 per day. And coincidently, I am receiving this
notice, when I have to leave out of town tomorrow and would be impossible for me to take the next flight. However, I am
finding now, two weeks later.
Is there a reason your credit union withheld this information from me for two weeks? The towing company stated, that
they had contacted USF FCU and also sent out letters. I have received no letters, and I also check my USPS informed
delivery, which tells me what mail is in my mailbox. And received no mail in my Tampa address either.
118096
Candace A. Foster <cfoster@usffcu.org> Tue, Mar 13, 2018 at 5:50 PM
To: Nausheen Zainulabeddin <nkhawaja@mail.usf.edu>
Nausheen,
I apologize there must be a miscommunica on. As you stated in your email the Towing Yard sends out mail
no fica on when the vehicle is towed to the Credit Union and also all Registered Owners. When received the Credit
Union reaches out to the towing company to check the status of the vehicle. If we are informed it is s ll there with no
contact from the owner as a courtesy the Credit Union reaches out to you to confirm your inten ons regarding the
vehicle to make a determina on if the Credit Union will need to assign as a Repossession and pick it up to avoid a
loss. Unfortunately It is not the Credit Unions responsible to ensure that you received the no fica on that was sent to
you by the Towing Agent via mail, However at this me I will need to know your plans concerning this ma er so I can
properly notate your account.
Thanks
Thanks
Candace Foster
Sr. Collector
8135692030 x2095
8135692095 (Direct Line)
813 5692006 Fax
cfoster@usffcu.org
143

From: Nausheen Zainulabeddin [mailto:nkhawaja@mail.usf.edu]
To: Candace A. Foster
Subject: Re: USF FCU Please Contact us
Nausheen Zainulabeddin <nkhawaja@mail.usf.edu> Tue, Mar 13, 2018 at 11:53 PM
To: "Candace A. Foster" <cfoster@usffcu.org>
I have a flight booked for March 20th to go back to Chicago and pick up the car.
My dad had an emergency heart surgery in Jan, and other pertinent matters, an i.e. appointment with doctors and etc.,
hence, I stayed longer than anticipated, including my school financial aid issues, which is resolved. I spoke to the Leydon
Towing and notified to them, that I will be picking up the car by March 20th, by 3 p.m. EST.
I had parked at a location, via airport parking, which does not usually tow, if one is late. However, this was an unfortunate,
unusual case. None of the owners were notified, including my father, Jalalluddin Khawaja nor me. If I had known of this
information, as per IL State Law, to contact the owner within 2448 hours, I would have flown back immediately.
Unfortunately, they notified me a day before I was leaving out of town for something that could not be changed, no matter
what. Coincidence and unfortunate one.
Additionally, I scheduled my flight back within 21 days of the tow, as per guidelines for Chicago towing. Hence, this will be
sufficient. I have spoken to the towing individuals regarding the situation and if fees can be reduced, and they stated, we
will try our best to help the situation. I will also be contacting my progressive car insurance company regarding
reimbursement of towing, and other related situation as deemed appropriate.
Thank you again, for notifying me regarding this vital information.
Candace A. Foster <cfoster@usffcu.org> Wed, Mar 14, 2018 at 3:48 PM
To: Nausheen Zainulabeddin <nkhawaja@mail.usf.edu>
I will note your account.
Thanks
Candace Foster
Sr. Collector
8135692030 x2095
8135692095 (Direct Line)
813 5692006 Fax
cfoster@usffcu.org
144
NOTARIZED ATTESTMENT FROM
REGISTERED OWNER
145
146
147
148

Final Reply Motion To Sanction Defendant PDF

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Final Reply Motion To Sanction Defendant PDF

Caricato da

Copyright:

Formati disponibili

Case Docket No.

UNITED STATES COURT OF APPEALS FOR

UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

MOTION OF REPLY IN RESPONSE TO APPELLE’S OPPOSITION

April 14, 2018

Case No. 17-11888

UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

COMES NOW, Nausheen Zainulabeddin, Pro Se, pursuant to Fed. R.

App. P. 27(a)(4) files Reply in response to Appellee’s opposition to

Appellant’s motion sanctions, with Appellee’s request for sanctions or other

1. Appellant has set forth relevant procedural history in depicted form in

Exhibit 1 of this motion.

e-mail that she is planning on including FOIA Response from US

Department of education, Office of civil rights regarding her

complaint, Investigation and appeal from March 20, 2014 to

FOIA response in her brief with respect to judicial economy, since

collateral issue stated and approved in her in forma pauperis

included in her in forma pauperis application at the district court

(granted under federal question jurisdiction).

3. On August 23, 2017; Appellee accepted her seven-day extension to

file her Appendix.

for incorporating FOIA response in her opening brief.

5. On October 10, 2017, Appellant filed an amended brief (excluded

FOIA Response) and response to their motion for sanctions.

granted her amended brief.

7. Appellee filed their Reply brief and Supplemental appendix, on

11/30/17 and 12/07/17, respectively.

8. Appellant did not receive Appellee’s supplemental appendix within

supplemental appendix via pacer.gov and filed a motion to file reply

brief out of time.

a question if she should file a motion to this court requesting a

(Appellant’s preference due to context of her case) or should she

responded that filing a motion for injunction relief is sufficient (figure

injunction versus supplemental brief.

12. Appellant had planned to file supplemental brief which would be

appropriate due to type-volume limitations, intervening case law, and

enlargement of motion for type-volume limitation on March 13, 2018.

additional service of redirecting the motion while it is in transit. This

received a two-week extension to file her Motion to Dismiss at the

of judge order was included). Thus, the time-sensitive motion would

had not responded to her time-sensitive motion since 3/10/18. She

to be ruled on by the court within seven business days. Thus, she

stated an in her e-mail to opposing counsel which can be construe as

her intent to simply withdraw the motion since it is moot. Regardless,

dismiss on March 28, 2018.

Appellant’s motion is time-sensitive because as stated in her original

motion for enlargement; that she intends to seek preliminary injunction

for reinstatement to medical school as a rising third year medical student

with respect to USF MCOM’s substantive policy. In 2014, nearly one

petition for readmission proceeding (Exhibit 3). She conferred and

Figure 2. USF MCOM tentative 3rd year start date.

of internal grievance proceeding, 5/28/13). The sudden change of date,

dismissal in 2013 and administrative error relevant to the complaint of

additional three-month delay was due to alternative policy interpretation

will be presented in support of her petition for readmission. She also

no association, knowledge or interference with her Petition proceedings

due to conflict of interest situation. Nevertheless, as evident by defendant

misconduct during discovery proceeding at the district court, i.e.

withholding production of relevant documents. The registrar forwarded

all of her communications regarding her petition for readmission

proceedings to Dr. Specter stating “FYI” (A-1617 to 1622) (Exhibit 3,

Specter will have no involvement in the last administrative remedy

by abusing his power.