University of New Mexico Health Sciences Center
Monday, October 06, 2008 :: 12:29
Due Process Policy |
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The Due Process Policy and Procedure of the University of New Mexico School of Medicine is intended to outline for both students and faculty the course of action that is available should the Committee on Student Promotions and Evaluation (CSPE) I or II take either an adverse or a corrective action against a student for failure to maintain academic, ethical or professional standards. Academic requirements, as noted in the UNM School of Medicine Policy and Procedure on Student Promotion and Awarding of the MD Degree, include “ethical and professional behaviors” as well as educational achievement.
The distinction between an adverse action and a corrective action is significant. Adverse actions are those that separate the student from the School of Medicine or that will delay by at least one semester a student’s completion of the MD Degree. Adverse actions include, but are not limited to, dismissal from the School of Medicine, suspension from the School of Medicine, temporary enforced leave of absence, and repetition of all or part of the curriculum. These adverse actions are described further in Section III below.
A corrective action involves the imposition of an educational prescription that, in the opinion of the CSPE, is necessary in order to improve the student’s performance. Corrective actions include, but are not limited to, requiring a student to take a specified course, narrowing the choice of elective courses open to a student, monitoring a student more closely by placement on a “watch” list, assigning an academic advisor with whom the student is required to meet and requiring a contract in which the student agrees to take certain actions in order to continue in medical school.
Adverse actions are subject to being appealed by the student as provided for in Sections IV through VII of this policy. Corrective actions cannot be similarly appealed by the student, but may be reviewed at the student’s request as provided for under Section VIII of this policy.
Consideration of an adverse or corrective action may be initiated by CSPE I or II through their monitoring of student progress. A request for adverse or corrective action may also come directly from a faculty member. Informal attempts that have occurred to resolve the problem should be documented. If the request for adverse or corrective action comes directly from a faculty member, it should be made in writing stating clearly the nature of the academic issues. A copy of the faculty member’s request will be provided to the student. If the request for adverse or corrective action comes internally from CSPE I or II, the substance of the issues will be included in the minutes of the meeting at which the student’s performance is discussed and a copy will be provided to the student.
Prior to taking final action on a request to take corrective or adverse action, CSPE will conduct a fact-finding investigation and review all available information. The student will be given the opportunity to meet with CSPE to give her/his input and will have an opportunity to review any evidence being considered by CSPE. CSPE may choose to convene an ad hoc committee to conduct the fact-finding and evaluation of the issue and make a report to the CSPE. The student may be required to meet with the ad hoc committee to give further information.
Based on its investigation and review, CSPE will decide whether or not to impose corrective or adverse action by a simple majority of a quorum of members. The adverse actions that the CSPE may impose are described in more detail below. The CSPE has the right, on a case-by-case basis, to design other adverse or corrective actions as it deems necessary. Adverse actions including the following:
Temporary enforced leave of absence: A student may be required to take a temporary enforced leave of absence from further educational activities pending a final determination regarding the student's status. Examples of events that might lead to temporary enforced leave of absence include but are not limited to: unexcused absences from educational activities, substance abuse, unprofessional behavior, situations in which the student may be a danger to him/herself, other students, faculty, or patients, violation of a previously agreed upon contract. In the event that CSPE issues a temporary enforced leave of absence, the student shall receive written notice from the committee that he/she may not participate in any further classes or rotations until a final determination is made. A temporary enforced leave of absence may last no longer than 45 days. Within this time frame the committee must make a decision regarding further action.
Suspension: A student may be required to take a longer enforced leave of absence, greater than 45 days, prior to returning to educational activities. CSPE will specify the period of time during which the student must remain suspended. A contract will be required to return.
Repetition of an entire phase: A student may be required to repeat an entire phase of the curriculum. Difficulty in achieving or sustaining academic standards may lead to the vote for repetition of a phase.
Dismissal from medical school: Failure to meet academic, ethical, or professional standards as set forth in the Policy and Procedure on Student Promotion and Awarding the MD Degree may constitute grounds for termination from medical school. The student shall be informed in writing of the decision for termination with the specific reasons for dismissal.
Within 15 days of the CSPE meeting at which the CSPE votes to take adverse or corrective action, the student will be notified of the action by certified letter from the Chair of the CSPE.
As discussed below, the student may appeal CSPE’s decision to take adverse action. The student may seek review of the CSPE’s decision to take corrective action pursuant to Section VIII herein. Pending final resolution of an appeal, CSPE’s decision may take effect in the interim if CSPE so decides. In deciding whether its decision will take effect immediately, CSPE will consider the seriousness of the student’s violation, the nature of the adverse or corrective action and whether the student poses any danger to him/herself or others. Additionally, CSPE decisions regarding exceptions to the Policy and Procedure on Student Promotion and Awarding the MD Degree will take effect while the student pursues an appeal.
A student who disagrees with CSPE’s decision to impose adverse action is entitled to appeal that decision to a Faculty Appeals Committee. The request for an appeal must be made in writing to the Associate Dean of Students, stating the reasons why the student disagrees with CSPE’s decision, and must be received by the Associate Dean of Students within 15 days after the student receives CSPE’s letter imposing adverse action. Should the student fail to notify the Associate Dean of Students in writing of his/her appeal within 15 days, this shall be considered a waiver of his/her right to an appeal and CSPE’s decision shall become final for the School of Medicine.
When an appeal is timely made by a student, the Associate Dean of Students will form a Faculty Appeals Committee consisting of four (4) faculty members from the Faculty Review Committee and one (1) student in good academic standing from a different class than the student who is bringing the appeal.
The Faculty Review Committee will consist of six (6) active faculty members who are not members of either CSPE committee or the Education Council. Department chairs will recommend potential members and the Dean of the School of Medicine will appoint members for a 3-year term. Members may serve one additional 3-year renewal term. Appointments will be staggered to ensure new as well as experienced members on the committee at all times. Members will receive an orientation to the committee, including review of the School of Medicine Policy and Procedure on Student Promotion and Awarding the MD Degree and this Due Process Policy and Procedure.
The Associate Dean of Students will review the composition of the Faculty Appeals Committee with the student making the appeal. If the student objects that any member is biased against the student or otherwise may not be a fair Committee member, the Associate Dean of Students will review the student’s objections and decide whether or not to remove the member. The Associate Dean’s decision is final. If a Committee member is removed for cause, the Associate Dean will appoint a new member if one is available from the Faculty Review Committee. If a new member is not available, the Faculty Appeals Committee will proceed to hear the appeal with three faculty and one student member. The Faculty Appeals Committee will select one of its faculty members to serve as Committee chair.
The Faculty Appeals Committee will accept relevant documentary evidence for review from the student and the CSPE, with each party being provided a copy of the other’s submission. The Committee will conduct individual interviews with the student, member(s) of the CSPE and others with relevant information. These interviews will be tape recorded and the student will be offered the option of listening to the tapes. The student will not attend the actual interviews. After the Committee concludes its interviews, the student will be offered another opportunity to meet with the Committee to answer additional questions and to respond as the student elects to any statements from any of the witnesses.
After all of the interviews have been completed, including the final interview with the student, the Committee will conduct its deliberations in closed session. Within thirty (30) days of the completion of the interviews, the Committee will make its decision by a vote (simple majority) of all members. The final decision will be to sustain or overrule the decision of CSPE. The Committee will provide the rationale for its decision in a written report. If the Committee overrules CSPE, the responsibility to reintegrate the student back into the curriculum returns to CSPE. The student will be sent a copy of the Committee’s written report and decision by certified mail within ten (10) days of the report’s completion.
If the student is dissatisfied with the result of the Faculty Appeals Committee’s decision, he/she may appeal to the Dean of the School of Medicine in writing within thirty (30) days of receipt of the Committee’s decision. Should the student fail to notify the Dean in writing of his/her appeal within thirty (30) days, the student has waived his/her right to appeal to the Dean and the decision of the Faculty Appeals Committee shall be final for the School of Medicine.
The Dean will review the student’s academic record, the decisions of CSPE and the Faculty Appeals Committee and any other documents in the student’s appeal file. Additionally, the Dean may meet with the student. The Dean’s decision is final for the School of Medicine The Dean’s decision is subject to discretionary review by the President of UNM and the Board of Regents. The President and the Regents will normally accept review only in extraordinary cases, such as where proper procedures have apparently not been followed, where the decision appears to be unsupported by the facts, or where the decision appears to violate University policy.
As stated in Section II herein, a student is not entitled to go through the appeals process set forth in Sections IV through VII herein to dispute the imposition of corrective action by CSPE. If the student believes that the decision imposing corrective action is fundamentally flawed, unfair or otherwise inappropriate, the student can request review by the Senior Associate Dean of Education. The student shall present his or her reasons for disputing the corrective action in writing. The Senior Associate Dean of Education may meet with the student and may discuss the matter with members of the CSPE and other faculty, as the Senior Associate Dean deems appropriate. The decision of the Senior Associate Dean of Education is final for the School of Medicine and for the University of New Mexico.
Minor deviations from these procedures are permitted so long as they do not adversely impact the due process rights of the student.
For good cause, the time limits for committee decisions to be made can be extended. Good cause includes the fact that a deadline falls during school holidays, vacations or summer session if parties or decision makers are absent from the School of Medicine. Any such time extension will be communicated in writing to all interested parties and the decision will be made thereafter as expeditiously as possible.
Approved by Education Council 10/18/05
Approved by SOM Faculty 10/20/05
Applies beginning with Class of 2009
