Is My Teacher Able to do this to my Grade?

Ok...i take latin for a language at my school and i always get sick and alot o the time im just unlucky and get sick on test days and apperently theres been a "pattern" so says my teacher and now for the rest of the year i get 25% off the entire test including quizes if i miss school...and he doesnt care if i puke in his cl he just cares i take it...he wouldnt care if i had swine flu for gods sake! i dont think this is fair...is this fair at all?