The Register-Herald, Beckley, West Virginia

Police/Courts

August 29, 2008

WVSOM sued by former student

By Christian Giggenbach

LEWISBURG — A former West Virginia School of Osteopathic Medicine student has filed a civil lawsuit against the medical school alleging the school improperly forced him to pay extra tuition fees.

Kevin Silver, who graduated from WVSOM on Aug. 22, was unsuccessful on his first two attempts at passing the Comlex Level 1 National Board Exam, according to the lawsuit, and was required to participate in preparatory classes prior to a third chance at passing the exam.

Due to these prep classes, Sliver had to suspend his normal clinical rotation classes — the last program required before graduating — and was unable to graduate on time with the his classmates last May.

Silver, of Garland, Texas, subsequently re-entered the necessary clinical rotations and received his diploma on Aug. 22, according to the suit.

However, the school forced Silver to pay the full amount of out-of-state tuition, $25,273, needed for one complete semester, the lawsuit alleges.

Union attorney John H. Bryan contends Silver’s tuition should have been pro-rated to reflect the amount of rotation time his client needed to graduate.

“The plaintiff begged and pleaded with the defendants to allow him to pay a pro-rated portion of the tuition, which equaled $8,636,” Bryan stated in the suit. “However, they refused to give him a straight answer as to why he was being charged tuition for a time period after he will have graduated.”

Silver alleges WVSOM and co-defendant, the West Virginia University Board of Trustees, “unjustly enriched themselves” to the tune of $16,637.

Silver has asked for the money back, plus any other damages owed to him. A jury trial in the case has been requested by Bryan.

— E-mail: cgiggenbach@register-herald.com

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