1.0 Purpose and Background

1.0 Purpose and Background

Policy Name: / Student Due Process Policy
UNSOM Policy Name: / Student Due Process
Originator (s): / Melissa Piasecki, M.D., Senior Associate Dean
Department: / Office of Academic Affairs
Effective Date: / Immediately / Policy No.:

1.0 Purpose and Background

The purpose of this policy is to provide students with a framework for the administration of disciplinary action at the University of Nevada School of Medicine (UNSOM) as administered through the Student Promotion and Conduct Committee (SPCC). The policy specifies the rights of the student and the rights of other parties during this process. The policy is designed to provide due process procedural rights when a student is determined to have failed to meet cognitive, academic or behavioral standards including professionalism standards. The policy is to ensure that students receive fair and impartial consideration in disciplinary matters, which may include required remediation or other institutional actions. This policy is used for procedures related to student dismissals at UNSOM in lieu of the NSHE Student Program Dismissal Procedures found in the BOR Handbook Title 2, Chapter 11.

2.0 Revision History

Date / Revision No. / Modification / Author(s)
7/2014 / New / OAA

3.0 Stakeholders

3.1 / Students
3.2 / Faculty
3.3 / Staff
3.4 / Administration
3.5 / Residents
3.6 / Community Partners
3.7 / Patients

4.0 Policy

4.1 / Required remediation, probation, suspension, and dismissal are not to be construed as progressive steps. They may occur at any time a student is determined to have failed to meet cognitive, academic or behavioral standards including professionalism standards set forth in the Code of Student Professionalism, (http://medicine.nevada.edu/policy/oaa-13-005), the UNR Academic Standards Policy (http://www.unr.edu/student-conduct/policies/university-policies-and-guidelines/academic-standards/policy) and other UNSOM policies.
4.2 / The required remediation, probation, suspension, and/or dismissal of a student shall be proceed in accordance with the procedures outlined in Section 6 through the administration of the SPCC.
4.3 / Absent an appeal, the decision(s) of the SPCC are final and binding as to all issues.
4.4 / Following an appeal, the decision(s) of the UNSOM Dean are final and binding as to all issues and there is no further right of appeal.
4.5 / If a student’s conduct on campus creates a threat to safety, wellbeing, institution property, normal operations or harassment, Emergency Removal proceedings may be imposed consistent with NSHE Code T2 Chapter 10.4.10. http://system.nevada.edu/tasks/sites/Nshe/assets/File/BoardOfRegents/Handbook/T2-CH10%20-%20Rules%20of%20Conduct%20and%20Procedures%20for%20Students%20of%20the%20Nevada%20System%20of%20Higher%20Education.pdf

5.0 Definitions

5.1 / ASA / ASA refers to the Office of Admissions and Student Affairs at the University of Nevada School of Medicine.
5.2 / SPCC / SPCC refers to the UNSOM Student Promotion and Conduct Committee, which is the medical school’s disciplinary committee.
5.3 / UNSOM / UNSOM refers for the University of Nevada School of Medicine.
5.4 / UNSOM Bylaws / The UNSOM Bylaws are authorized by Section 5 of the University of Nevada, Reno (UNR) Bylaws; and, Section 1.3 of the Nevada System of Higher Education (NSHE) Code as adopted by the Board of Regents. The UNSOM Bylaws provide for the organizational and administrative structures and procedures of the UNSOM. They shall, at all times, be subordinate to and consistent with the UNR Bylaws, the NSHE Code, and the laws of both the State of Nevada and the United States.

6.0 Responsibilities & Procedures

6.1 / Student Promotion and Conduct Committee’s (SPCC) Function and Membership
6.1.1 / Pursuant to the UNSOM’s Bylaws, the UNSOM Student Promotion and Conduct Committee is charged with overseeing the personal and professional development of medical students at UNSOM.
6.1.2 / The SPCC shall include faculty members as outlined in the UNSOM Bylaws.
6.2 / Meetings and Notifications
6.2.1 / When the relevant policy indicates a potential disciplinary action requiring remediation, probation, suspension or dismissal, the student will be notified in writing of the proposed action and the reason(s) for the proposed action (s). The student will meet with the SPCC during the next regularly scheduled committee meeting or as soon as the circumstances reasonably allow.
6.2.2 / 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.
6.2.3 / The standard of proof that the SPCC will use to make a determination is the preponderance of evidence.
6.2.4 / The meeting with the SPCC shall be informal and non-adversarial. The student may have one representative present at the meeting. The student 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.
6.2.4.1 / The student is entitled to be present throughout the SPCC meeting with the exception of SPCC deliberations.
6.2.4.2 / Witnesses will be permitted and may be questioned by the student and the members of the SPCC. Witnesses will be in attendance only while providing their testimony.
6.2.4.3 / 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.
6.2.4.4 / 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.
6.2.4.5 / Prior to the SPCC meeting, the student may inspect his/her UNSOM academic file, excluding those matters therein that are otherwise confidential (e.g. Letters of Recommendation) and/or do not concern the reason(s) for the proposed action.
6.2.4.6 / 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 record of the SPCC meeting at his/her expense as it relates to his/her appearance before the SPCC.
6.2.5 / 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.
6.3 / Appeal Process
6.3.1 / The student may appeal the decision of the SPCC to the Dean.
6.3.1.1 / 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.
6.3.1.2 / The student will continue enrollment at UNSOM during the time period for an appeal and, if the student has provided written notice of appeal, pending the decision of the Dean.
6.3.1.3 / 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.
6.3.2 / 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:
6.3.2.1 / All materials considered by the SPCC during the meeting including the record of the applicable proceedings.
6.3.2.2 / The Associate Dean for Student Affairs and the student shall each submit a written statement of issues to be considered by the Dean.
6.3.2.3 / The SPCC and the student may each 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.
6.3.3 / The Dean will provide a written decision to the student’s appeal within a reasonable amount of time after the submission of materials. The Dean’s decision is final and binding as to all issues and there is no further right of appeal.

7.0 Approval Signatures

7.1 University of Nevada, Reno

Signature:
Print Name: Marc Johnson, Ph.D.
Title: UNR President / Date:

7.2 Legal Counsel - University of Nevada, Reno

Signature:
Print Name: Mary Dugan, J.D.
Title: UNR General Counsel / Date:

7.3 UNSOM Dean or Designate

Signature:
Print Name: Thomas L. Schwenk, M.D.
Title: Vice President, DHS; Dean, UNSOM / Date:

7.4 Legal Counsel – University of Nevada School of Medicine

Signature:
Print Name: Matthew Milone
Title: UNSOM Sr. Associate Dean for Legal Affairs / Date:

7.5 Approving Agent

Signature:
Print Name: Melissa Piasecki, M.D.
Title: Sr. Associate Dean of Academic Affairs / Date:

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