Student Discipline & Due Process

Medical Student Handbook: Other Codes and Policies for Students

Required remediation, probation, suspension, and dismissal are not to be construed as progressive steps. They may occur at any time if a student is determined to have failed to meet cognitive, academic or behavioral standards, including professionalism standards per the School of Medicine's Code of Professional Conduct for Students. The required remediation, probation, suspension or dismissal of a student shall be taken in accordance with the following procedures:

Procedures

  • When the SPCC proposes to require remediation to place a student on probation, to suspend a student, or to dismiss a student, the student will be notified in writing of the proposed action and the reason(s) for the proposed action. The student will meet with the SPCC during the next regularly scheduled committee meeting or as soon as the circumstances reasonable allow. The SPCC may place a student on interim suspension when there is a reasonable cause to believe that the student's participation in the School of Medicine activities or presence at specified areas of the campus will lead to physical abuse, threats of violence, conduct that threatens the health or safety of any person, or other disruptive activity incompatible with the orderly operation of the campus. A student on interim suspension shall be restricted only to the minimum extent necessary and shall be given prompt written notice of the charges, the duration of the suspension, and the opportunity for a prompt hearing on the interim suspension in accordance with the procedures contained herein.
  • The student will be notified in writing of the date, time and place of the meeting with the SPCC at least 15 calendar days prior to the scheduled meeting. The notice will include a description of the concerns and the range of possible actions. The student and the Associate Dean for Student Affairs will exchange material to be introduced at the meeting and the name(s) of witnesses who will testify on the party's behalf at least five (5) calendar days prior to the meeting. The student will be given the opportunity to discuss the proposed action with the committee, to present witnesses, to respond to the reason(s) given for the proposed action, and to otherwise present his/her side of the issue(s) raised by the proposed action. The student may waive the 15 day notice period in writing.
  • If the student accepts the proposed actions (e.g. remediation, probation, suspension, or dismissal), the student may waive the 15 day notice period in writing and decide not to attend the SPCC meeting.
  • The standard of proof that the SPCC will use to make a determination is the preponderance of evidence.
  • The meeting with the SPCC shall be informal and non-adversarial. The student may have one representative present at the meeting. The student's representative's participation is limited to giving advice to the student. If the student elects to have an attorney present as the representative, the Associate Dean for Student Affairs may also elect to have an attorney present. The Chair of the SPCC may also request the presence of legal counsel at any time to provide advice to the SPCC.
    • The student is entitled to be present throughout the SPCC meeting with the exception of SPCC deliberations.
    • Witnesses will be permitted and may be questioned by the student, the Associate Dean for Student Affairs and the members of the SPCC. Witnesses will be in attendance only while providing their testimony.
    • The Chair of the SPCC will preside over the meeting, maintain order, and determine the relevancy of the information presented to the SPCC. The Chair of the SPCC will determine whether any persons in addition to those identified herein may attend the SPCC meeting.
    • The SPCC meeting will be closed unless both the student and the Associate Dean for Student Affairs agree in writing to an open meeting. To the extent permitted by the Family Educational Rights and Privacy Act, 20 U.S.C., Sec. 1232g; 34 CFR Part 99 (FERPA) or other law, the record of the proceedings will be confidential. All meeting participants will maintain confidentiality of all meeting proceedings except as required by law or called by witness in litigation.
    • Prior to the SPCC meeting, the student may inspect his/her School of Medicine academic file, excluding those matters therein that are otherwise confidential (e.g. Letters of Recommendation) and do not concern the reason(s) for the proposed action.
    • The student may request a copy of his/her academic file, excluding those matters mentioned above, at his/her expense. The student may also request a copy of the recording of the SPCC meeting at his/her expense.
  • The SPCC will provide the student and the Associate Dean for Student Affairs a written decision within 14 calendar days of the close of the meeting. The student may appeal the decision of the SPCC to the Dean.

Appeal Process

  • The SPCC will provide the student and the Associate Dean for Student Affairs a written decision within 14 calendar days of the close of the meeting. The student may appeal the decision of the SPCC to the Dean.
  • The appeal must be in writing and must be received by the Associate Dean for Student Affairs within 10 calendar days of the date on which the SPCC's written decision was issued.
    • The student will continue enrollment at the School of Medicine during the time period for an appeal and, if the student has provided written notice of appeal, pending the decision of the Dean.
    • Failure to appeal within the time limit and protocol set forth in this section renders the decision of the SPCC final and binding as to all issues.
    • Absent of an appeal, the decision of the SPCC is final and binding as to all issues.
  • Within 10 calendar days after the date of the notice of appeal, the following materials will be submitted to the Dean by the Associate Dean for Student Affairs and the student, where appropriate:
    • All materials considered by the SPCC during the meeting including the recording.
    • The Associate Dean for Medical Affairs and the student shall submit a written statement of issues to be considered by the Dean.
    • The Associate Dean for Student Affairs and the student may submit a written summary in support of their position(s). The written summary may not exceed five (5) pages unless the Dean approves a request to exceed this page limitation.
  • The Dean will provide a written decision to the student's appeal within a reasonable amount of time after the submission of written summaries. The Dean's decision is final and binding as to all issues and there is no further right of appeal.