M.D. Student Discipline, Dismissal, and Due Process Policy

Effective: 6/2/2024

To whom this policy applies

University of Nevada, Reno School of Medicine (UNR Med) Medical Students, including students in any phase of a dual degree program.

Purpose

The purpose of this policy is to specify the procedures that apply for action, up to and including dismissal of the student from University of Nevada, Reno School of Medicine (UNR Med) for either disciplinary or academic reasons. The policy specifies the rights of the student and the obligations of other parties when action up to and including dismissal is being considered by the Student Promotion and Conduct Committee (SPCC). Pursuant to Board of Regents Handbook Title 2 (NSHE Code), Chapter 10, Section 1 and Chapter 11, Section 1, and except as expressly provided in NSHE Code section 10.4.12, UNR Med may establish written policies, procedures and sanctions for discipline and program dismissals in lieu of the procedures set forth in NSHE Code Chapter 10 and 11, subject to prior review by UNR General Counsel and approval by the UNR president.

Complaints alleging discrimination, including sexual harassment, that do not constitute sexual harassment under Title IX, are subject to the complaint and investigation procedures set forth in Title 4, Chapter 8, Section 14(C) of the NSHE Handbook. The hearing procedures and sanctions established in this policy are applicable to the resolution and determination of such complaints.

Procedures required for allegations of sexual harassment under Title IX, including allegations of sexual assault, dating violence, domestic violence, and stalking, are set forth in NSHE Code Section 10.4.12.

In the event allegations of misconduct include allegations of Title IX sexual harassment as well as allegations of other misconduct, the allegations of other misconduct will be addressed by this policy and not code section 10.4.12.

Action under the procedures established by this policy shall go forward regardless of other possible or pending administrative civil or criminal proceedings arising out of the same or other events.

Definitions and Abbreviations

UNR Med: University of Nevada, Reno School of Medicine.

OSA: Office of Student Affairs at UNR Med.

Dismissal: Termination of student status at UNR Med.

MSPE: Medical Student Performance Evaluation, which is a summary letter of evaluation intended to be provided to residency program directors and will include all probation and suspension actions that have been taken by the SPCC. The MSPE will also include leaves of absence for personal, medical, academic, or administrative reasons.

SPCC: Student Promotion and Conduct Committee.

Investigating Officer: a UNR Med faculty member appointed by the SPCC who will investigate the facts giving rise to possible dismissal and present them to the SPCC in accordance with this Policy.

Policy and Procedures

SPCC Function and Membership
1. Pursuant to the UNR Med’s Bylaw 2.2.5.6, the UNR Med SPCC is charged with overseeing the personal and professional development and promotion of medical students at UNR Med. The SPCC is also the medical school’s disciplinary committee.
2. The SPCC is comprised of faculty members as specified in UNR Med Bylaw 2.2.5.6. All members, including the Chair, have voting rights.
3. The SPCC and the Investigating Officer shall receive training approved by the General Counsel.
Reasons for Discipline up to and Including Dismissal
1. In the event that discipline up to and including dismissal may be considered by the SPCC, the procedures in this policy shall apply.
2. Discipline up to and including dismissal may occur if the student engages in “Prohibited Conduct” as set forth in NSHE Code Section 10.2.1 or in Title IX sexual harassment as defined in NSHE Code section 10.4.12. Discipline up to and including dismissal may also occur when a student has not met academic or professionalism requirements. These requirements include the requirements set forth in:
  1. Medical Student Professionalism Policy
  2. University Administrative Manual (UAM) 6,502, Subsections A and B of the UNR “Academic Standards Policy for Students;”
  3. Course syllabi for any course in which the student is or was enrolled;
  4. All other “Medical Student Policies” established by UNR Med, including but not limited to the Student Handbook; and/or
  5. Policies of an affiliated training site of which the student has notice.
3. Dismissal may be considered independent from any other discipline, and/or as a progressive step from other discipline. The discretion to consider dismissal belongs to the SPCC in consultation with the Associate Dean for Student Affairs.
4. This policy applies to dismissal of a student pursuant to the Fitness for Duty policy following a fitness for duty evaluation.
5. Probation, suspension, and dismissal are not to be construed as progressive steps.
Meetings of the SPCC to Discuss Student Issues and/or Discipline Other than Dismissal
1. At any time during a student’s enrollment at UNR Med the student may be asked to appear before the SPCC for any conduct, academic or professionalism reason including, but not limited to, consideration of fitness for duty or discipline other than dismissal. For meetings regarding dismissal, see section 5 below.
2. A student will be provided 10 calendar days’ notice of the date, time and place of the meeting with the SPCC. The notice will be sent in writing by email with read receipt. The student may waive the 10-day notice period in writing. The notice will include a description of reasons for the meeting, supporting facts and documentation and possible actions, a copy of or link to this policy and a list of committee members.
3. If the student or UNR Med intends to present materials at the meeting, the student and the Associate Dean for Student Affairs will exchange such material at least three (3) calendar days prior to the meeting.
4. Witnesses will not be permitted at the meeting unless requested by the SPCC. In the event the SPCC requests witnesses, the student will be notified in writing at least three (3) calendar days prior to the meeting and informed at that time that the student may also present witnesses.
5. At the meeting, the SPCC shall present the reasons for the student’s appearance at the meeting, including but not limited to facts, supporting documentation, and proposed actions. The student shall be provided the opportunity to discuss the proposed action with the SPCC and to otherwise present the student’s position on the issue(s) raised by the SPCC, including but not limited to the student’s response to the proposed action.
6. The standard of proof for any determinations of the SPCC is preponderance of evidence, that is, whether it is more likely than not that the student engaged in the conduct under consideration.
7. The SPCC meeting shall be informal and non-adversarial. Formal rules of evidence do not apply but irrelevant or unduly repetitious evidence shall be excluded. The student may have one advisor, who may be an attorney, present at the meeting. The advisor serves as a supporter and advisor during the meeting and may not be a witness at the meeting. The chair of the SPCC may have legal counsel present at any time to provide advice to the SPCC, regardless of whether the student has an attorney advisor present. In no event shall an attorney present evidence, make oral arguments, or examine witnesses on behalf of the student or the SPCC. If the student’s advisor is an attorney, the student must inform the Chair of the SPCC in writing at least five (5) calendar days prior to the meeting. The Chair of the SPCC has sole discretion to allow for a delay in the meeting to allow for the scheduling conflicts of the advisor.
8. The SPCC meeting shall be closed unless both the student and the chair of the SPCC 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 if called as a witness in litigation.
9. The chair of the SPCC will preside over the meeting, maintain order, and make determinations regarding the relevance of the information presented to the SPCC.
10. The student and advisor, if any, shall be allowed to attend the entire portion of the meeting at which information is received, excluding the time of the SPCC’s deliberations regarding the student.
11. Witnesses, if any, will be in attendance only while providing their testimony. Witnesses will maintain confidentiality of all meeting proceedings.
12. Prior to the SPCC meeting, the student may review and receive their UNR Med academic file as stated in the UNR Med Student Record Review Policy.
13. The SPCC, in its sole discretion, may continue a matter to a future meeting in the event additional time is needed for the discussion, presentation, deliberations. The notice provisions of subsection b above apply to any continued matter.
14. The student may also request a copy of the minutes of the SPCC meeting, except for the deliberations, as it relates to their appearance before the SPCC.
15. The SPCC’s determination may impose any of the following actions, any of which can also include academic monitoring or academic probation:
  1. Warning - A notice, oral or written, that the student has violated the rules of conduct.
  2. Reprimand - A written reprimand for violation of specified regulations.
  3. Restitution - Compensation for loss, damage, theft or misappropriation of property, or injuries sustained in an incident of student misconduct. This may take the form of appropriate service, monetary, or material replacement or a combination of these.
  4. Remediation - A course of action which is required by the SPCC to address a student’s conduct, discipline and/or academic issue. This may include, without limitation, re-taking an exam, re-taking an entire course, meeting with a learning specialist, attending a seminar, writing a paper, or performing additional classroom or clinical work.
  5. Disciplinary Probation - A designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to have violated any institutional regulation(s) during the probationary period.
  6. Educational Sanctions - Participation in specific educational programs, such as alcohol or other drug educational intervention conferences, assessments, educational activities, including on-line instructional workshops, and work assignments or service to the institution or the community, and other related assignments.
  7. Suspension - Exclusion for a definite period of time from attending classes and from participating in other activities of the System, as set forth in a written notice to the student.
  8. Deferred Institutional Suspension - Deferred separation of the student from the institution until the close of the current semester or some other time frame for review of student progress in addressing the conduct matter.
16. The chair of the SPCC or their designee will email the student, with read receipt, a written decision within fourteen (14) calendar days of the close of the meeting.
17. In cases where disciplinary actions are rendered following the release of the MSPE, the Associate Dean for Student Affairs will amend the MSPE and re-release the document to programs and/or will notify the student’s program director and provide details regarding the incident that warranted the disciplinary action.
Appeal Process for Actions Less than Dismissal
1. The student may appeal the decision of the SPCC through a written notice of appeal. The Vice Dean will render a decision on appeal. In the event of the Vice Dean’s absence, the Vice Dean may designate another administrator to act in their stead.
  1. The notice of appeal shall be in writing and must be received by the Associate Dean of Student Affairs within five (5) calendar days of the date on which the SPCC’s written decision was emailed to the student.
  2. The notice of appeal must describe in detail the basis of the appeal and provide information to support the appeal.
  3. The only grounds for appeal are:
    1. Deviations from procedures set forth which result in significant prejudice.
    2. The decision reached regarding the student was not based on a finding that it was more likely than not that the student engaged in the conduct under consideration.
    3. The sanction(s) imposed were not appropriate for the conduct in which the student engaged.
  4. If the student appeals, the action will be suspended until the appeal is concluded.
  5. Failure to appeal in accordance with this policy renders the decision of the SPCC final and binding as to all issues.
2. Within five (5) calendar days of the Vice Dean’s receipt of the notice of appeal, the following materials will be submitted to the Vice Dean by the Associate Dean for Student Affairs and the student, where appropriate:
  1. All materials presented to the SPCC during the meeting including the record of the proceedings.
  2. The recording of the SPCC meeting, if any.
  3. The SPCC chair on behalf of the committee and the student shall each submit a written statement of position not to exceed five (5) pages to be considered by the Vice Dean.
  4. The Vice Dean may meet with the student at the Vice Dean’s discretion.
3. New evidence may not be presented as part of the appeal process unless the student can demonstrate it was not available, through no fault of the student, during the SPCC meeting.
4. The Vice Dean shall review all submitted materials and will decide whether or not the appeal should be granted.
5. The Vice Dean will provide a written decision to the student through certified mail and email on the student’s appeal within seven (7) calendar days after the submission of the materials listed in b, above. The Vice Dean’s written decision must set forth the reason(s) upon which the final decision is based. The Vice Dean’s decision is final and binding as to all issues and there is no further right of appeal.
Meetings of the SPCC to Discuss Student Issues when Dismissal may Occur
1. When the student engages in conduct that could lead to dismissal, the student will be asked to appear before the SPCC following the timeline and process outlined in Section 3.
2. If the SPCC determines that the conduct under consideration will be considered for further action that includes dismissal, an Investigating Officer shall be appointed. The Investigating Officer shall be a UNR Med full-time (0.5 FTE or higher) administrative or academic faculty member who does not currently serve as a member of the SPCC and is not the Associate Dean for Student Affairs
3. The SPCC shall define the scope of the investigation in the chair’s letter appointing the Investigating Officer.
4. If a student waives the due process right to challenge dismissal in writing, an Investigating Officer will not be appointed.
Procedure When Dismissal May Occur
1. Notice to Student: Within five (5) calendar days of the Investigating Officer’s appointment, the Associate Dean for Student Affairs shall provide written notice of the investigation through certified mail and email to the student. The notice shall state:
  1. the alleged violation being investigated with specific reference to the Code or policy alleged to have been violated;
  2. the identity of the Investigating Officer;
  3. the anticipated time frame of the investigation;
  4. that dismissal is a possible sanction;
  5. that additional written notice will be provided in the event the SPCC is going to consider dismissal; and
  6. a copy of or link to this policy.
2. The Investigation: The Investigating Officer may include in their investigation review of applicable policies, review of the student’s academic file, interviews with the student, interviews with faculty, interviews with other witnesses (including but not limited to other students), and review of other relevant documents or materials.
3. Unless additional time is requested by the Investigating Officer in writing and approved by the chair of the SPCC in writing, the Investigating Officer shall submit their written report to the SPCC within fourteen (14) calendar days of their appointment.
4. The report of the Investigating Officer shall include a summary of the investigation, including but not limited to relevant interview summaries, relevant document summaries, a discussion of any exculpatory evidence, factual findings, a determination as whether any violation occurred, and a recommendation with reasons regarding the recommendation for sanction(s) or that no sanction be imposed. If the Investigating Officer recommends dismissal, the report must also state the policy or standard giving rise to the recommendation and a statement of the reasons supporting dismissal.
5. The Investigating Officer will present factual findings, a determination as whether any violation occurred, and a recommendation and reasons regarding possible sanction(s) at a SPCC meeting.
6. Any documents provided to the SPCC by the Investigating Officer, including the report, shall be made available to the student ten (10) calendar days prior to any SPCC meeting to consider dismissal of the student, unless the student agrees in writing to a shorter time period.
7. Following the Investigative Officer’s appearance before the committee to present their report, if the SPCC is going to consider dismissal, the Associate Dean for Student Affairs shall provide written notice to the student through certified mail and via email. The notice shall include:
  1. the date, time, and location of the SPCC meeting and that the student has the right to appear at the meeting;
  2. that the SPCC will consider dismissal of the student at the meeting;
  3. a statement of the reasons the SPCC is considering dismissal;
  4. a copy of the Investigating Officer’s report;
  5. notice that the student may be accompanied by an advisor present at the hearing, that the advisor may be an attorney, that the advisor serves as a supporter and advisor during the meeting, and that the attorney may not present evidence, make oral arguments, or examine witnesses on behalf of the student. If the student’s advisor is an attorney, the student must inform the Chair of the SPCC in writing at last five (5) calendars prior to the meeting. The Chair of the SPCC has sole discretion to allow for a delay in the meeting to allow for the scheduling conflicts of the advisor.
  6. notice that that the student may present witnesses at the meeting and provide documentation;
  7. notice that the student may discuss the proposed sanction with the SPCC and respond to the reasons given for the proposed sanction and otherwise present their position on the issues raised by the SPCC;
  8. notice that the student and the Investigating Officer will exchange material to be introduced at the meeting and the name(s) of witnesses who will testify at least five (5) calendar days prior to the meeting;
  9. the deadline for providing to the SPCC the names of witnesses and documents to be presented by the student at the meeting;
  10. the amount of time that will be allotted by the SPCC to consider the matter based on the SPCC agenda; and
  11. a copy of or link to this policy.
8. Such notice will be provided at least ten (10) calendar days before the SPCC meets to consider dismissal unless the student agrees in writing to a shorter notice period.
9. Upon request by the student, the SPCC, in its sole discretion, may grant an extension of time to conduct the meeting to consider dismissal.
10. The SPCC shall, in its sole discretion, determine the amount of time allotted to consider the matter based on the SPCC agenda.
11. At the meeting the Investigating Officer shall present the findings of their report, documents, witnesses, and/or other evidence to the SPCC.
12. The SPCC must either audio or video record the meeting, except the deliberations. The SPCC may elect to have the recording transcribed at the cost to UNR Med. If the SPCC elects to have the recording transcribed, the SPCC shall provide a copy of the recording and/or the recording transcription to the student upon request at no cost to the student. All personally identifiable information will be removed. The record shall be the property of the University and will be maintained with the student’s records by the chair of the SPCC. If the SPCC does not elect to have the recording transcribed, the student may have the recording transcribed at the student’s own cost. All personally identifiable information will be removed.
13. The standard of proof for any determinations of the SPCC is a preponderance of evidence, that is, whether it is more likely than not that the student engaged in the conduct under consideration.
14. The SPCC meeting shall be informal and non-adversarial. Formal rules of evidence do not apply but irrelevant or unduly repetitious evidence shall be excluded. The student may have one advisor, who may be an attorney, present at the meeting. The advisor serves as a supporter and advisor during the meeting. The chair of the SPCC may have legal counsel present at any time to provide advice to the SPCC. In no event shall an attorney present evidence, make oral arguments, or examine witnesses on behalf of the student or the SPCC. If the student’s advisor is an attorney, the student must inform the Chair of the SPCC in writing at last five (5) calendars prior to the meeting.
15. The SPCC meeting shall be closed unless both the student and the chair of the SPCC 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 if called as a witness in litigation.
16. The chair of the SPCC will preside over the meeting, maintain order, and determine the relevancy of the information presented to the SPCC.
17. The student and advisor, if any, shall be allowed to attend the entire portion of the meeting at which information is received, excluding the time of the SPCC’s deliberations regarding the student.
18. Witnesses will be permitted and may be questioned by the student, the Investigating Officer and the members of the SPCC. Witnesses will be in attendance only while providing their testimony. Witnesses will be asked to maintain confidentiality of all meeting proceedings.
19. Prior to the SPCC meeting, the student may review their UNR Med academic file as stated in the UNR Med Student Record Review Policy. The student may request and receive a copy of their academic file, excluding those matters mentioned above.
20. If a student, with notice, does not appear at the SPCC meeting, the information regarding the matter shall be presented, considered, and acted upon even if the student is not present. Failure of the student to appear is not evidence that the student engaged in the conduct under consideration.
21. The SPCC, in its sole discretion, may continue a matter to a future meeting in the event additional time is needed for the presentation by the Investigating Officer or student or for deliberations and/or decision. The notice provisions of subsection a above apply to any continued matter.
22. The UNR President shall issue subpoenas to compel the attendance of persons and the presentation of documents at all hearings established under this chapter upon the request of the person charged or of the student conduct officer or coordinator. Such subpoena authority shall be exercised under the authority conferred by NRS 396.323.
23. The chair of the SPCC may accommodate concerns for personal safety, well-being, and/or fears of confrontation, by the student, witnesses, or the SPCC during the hearing by providing the opportunity for the SPCC to receive the pertinent information and conduct conversations for the resolution of the matter using methods other than requiring the parties to be present in the same room at the same time. Such options include use of a visual screen, web conferencing, video recording, audio recording, written statement, or other means, where and as determined by the Chair of the SPCC.
24. This decision is made by a simple majority vote of the SPCC members in attendance.
25. The chair of the SPCC or designee will provide the student a written decision through certified mail and email within fourteen (14) calendar days of the close of the meeting and copy the Associate Dean for Student Affairs. During this time period, the SPCC may restrict the student’s access to patients and/or class attendance as it deems appropriate.
26. If the decision is to dismiss the student, the dismissal will not become effective until the expiration of the time to appeal. Absent an appeal, the decision(s) of the SPCC are final and binding as to all issues and the SPCC’s decision shall be placed in the student’s academic file. The Investigating Officer’s report is not kept in the student’s academic file.
Appeal Process for Dismissal Actions
1. The student may appeal the dismissal decision of the SPCC through a written notice of appeal. The Dean will render a decision on appeal. The notice of appeal shall be in writing and must be received by the Associate Dean for Student Affairs within seven (7) calendar days of the date on which the SPCC’s written decision was emailed to the student.
  1. The notice of appeal must describe in detail the basis of the appeal and provide information to support the appeal.
  2. The only grounds for appeal are:
    1. Deviations from procedures set forth which results in significant prejudice.
    2. The decision reached regarding the student was not based on a decision that it was more likely than not that the student violated the rules or applicable policies.
    3. The sanction(s) imposed were not appropriate for the violation of the rules or applicable policies which the student was found to have committed.
  3. If the student appeals, the dismissal will be suspended and the student will remain enrolled at UNR Med until the appeal is concluded. During any appeal period, the SPCC may restrict the student’s access to patients and/or class attendance as it deems appropriate.
  4. Failure to appeal in accordance with this policy renders the decision of the SPCC final and binding as to all issues.
  5. Within five (5) calendar days of the notice of appeal, the following materials will be submitted to the Dean by the Associate Dean for Student Affairs and the student:
    1. All materials presented to the SPCC during the meeting including the recording of the SPCC meeting, if any.
    2. The Investigating Officer’s report to the SPCC.
  6. The SPCC chair on behalf of the committee and the student shall each submit a written statement of issues not to exceed five (5) pages to be considered by the Dean.
  7. The Dean may meet with the student at the Dean’s discretion.
2. New evidence may not be presented as part of the appeal process unless the student can demonstrate it was not available, through no fault of the student, during the SPCC meeting.
3. The Dean shall review all submitted materials and will decide whether or not the appeal should be granted.
4. The Dean will provide a written decision through certified mail and email on the student’s appeal within ten (10) calendar days after the receipt of materials listed above. This time period may be extended for good cause, in the Dean’s sole and absolute discretion. The Dean’s written decision must set forth the reason(s) upon which the final decision is based. The Dean’s decision is final and binding as to all issues and there is no further right of appeal.
5. In the event that the Dean filed the original misconduct or professionalism report, they will recuse themselves and the Vice Dean will conduct the appeal process as described and render a decision on appeal.
Emergency Removal
1. The UNR President, the student conduct officer, or coordinator may impose an immediate emergency removal (hereafter, “removal”) prior to the resolution of a violation of the rules of conduct by a student, according to NSHE Code 10.4.10. This removal includes the immediate exclusion from the University and all of the University’s campuses, sites, locations, and property of a student for an interim period whenever the President determines that this is required to:
  1. Ensure the safety and well-being of members of the University’s community;
  2. Protect University property;
  3. Prevent the student from posing an ongoing threat of disruption of, or interference with, the normal operations of the University; or
  4. Protect any student from discrimination, including sexual harassment or retaliation for the report of discrimination, including sexual harassment.
2. Conditions of Emergency Removal and SPCC Meeting.
  1. When an emergency removal is imposed, the student shall be denied access to the University, including classes and all other University activities or privileges for which the student might otherwise be eligible, as the President may determine to be appropriate. During the time of the removal from the University, the Dean shall be notified and the student may not come onto University property for any reason other than meeting with the appropriate official(s) regarding resolution of the emergency removal and the student conduct violation. The President may permit the student to participate in distance learning classes that do not include entering onto University property and provide adequate protections in furtherance of subsection a (i), (ii), (iii) or (iv), above.
  2. Access to affiliated training hospitals and sites may also be restricted.
  3. Any student so removed shall be afforded an opportunity for a virtual meeting with the SPCC on the emergency removal no later than fourteen (14) calendar days following the removal unless the student agrees to delay the hearing to a later time. The SPCC meeting shall occur under the notice and meeting procedures of this policy where those may be applicable. The SPCC chair shall send the SPCC’s written recommendation to the President. The President’s decision upon the SPCC’s recommendation shall be final. The removal does not replace the regular disciplinary process, which shall proceed under this policy.
  4. Interim measures as described in NSHE Handbook, Title 4, Chapter 8, Section 14(B), except for emergency removal of the student, may be implemented by the University’s Title IX Coordinator without a meeting of the SPCC and are not subject to any grievance procedure. At the time interim measures are determined to be necessary, the Associate Dean of Student Affairs will be notified by the Title IX Coordinator.
Allegations of Title IX Sexual Harassment
1. The NSHE Policy Against Illegal Discrimination and Sexual Harassment is found in the Board of Regents Handbook, Title 4, Chapter 8, Section 14. In the event a student is alleged to have engaged in Title IX sexual harassment and a live hearing is required under that policy, the SPCC shall be included to participate in the hearing and shall be included among the decision-makers with the hearing officer.
2. The provisions of NSHE Code Section 10.4.12 shall apply.

Appendix

NSHE Code Section 10.2.1

NSHE Code Section 10.4.10

NSHE Code Section 10.4.12