It isn’t the GPA, it is the fact that she didn’t qualify to advance to the next level of courses. There is nothing to prevent her from retaking the course for a better grade, except her pride.
"Thode took the class in the fall of 2009".
So instead of taking her lumps and retaking the course (for FREE!), she's wasted 3 years on this preposterous lawsuit.
She'd be long graduated by now.
If she didn’t have the persistance and dedicaton to overcome that minor obstacle, then maybe it’s best for everyone that she did not advance further in her originally chosen field.