Purpose
The purpose of the student misconduct process is to investigate and adjudicate charges of student misconduct including but not limited to: violations of commonly accepted ethical standards of an academic community such as cheating and plagiarism; falsification of student records, transcripts, financial aid forms, or applications; unlawful use or possession of controlled substances on the Medical Center campus; conviction of a crime deemed serious enough to render the student unfit to pursue his or her profession; or other conduct which is inconsistent with generally accepted standards of behavior within an academic community or the nursing profession.
Step I
All charges of alleged student misconduct shall be presented in writing to the Associate Dean for Academic Affairs.
Step II
The Associate Dean for Academic Affairs reviews the charge and related materials. This review may include interviews with the individual(s) who initiated the charge or have some relationship in the matter. If the Associate Dean for Academic Affairs determines that the charge is not to be treated as misconduct, she/he may resolve the matter on its own merit. Alternatively, if the Associate Dean for Academic Affairs determines that the charge should be upheld and treated as misconduct, she/he may resolve the issue or refer the charge to the Faculty Senate by notifying the presiding officer. In the latter case, the Associate Dean for Academic Affairs will notify the student in writing by certified mail and the complainant as to the resolution or referral of the charge, within ten working days of receiving the compliant. The Associate Dean for Academic Affairs will place a copy of this letter in the student's file. In the event that the individual(s) initiating the charge of the student or the student charged with misconduct do not agree with the resolution of the Associate Dean for Academic Affairs, the individual(s) and/or the student may exercise the right to have the charge heard by Faculty Senate by notifying the presiding officer of the Faculty Senate within ten working days of receiving the certified letter.
Step III
Within ten working days after notification, the Senate shall meet and submit a written recommendation to the Dean.
Formal rules of evidence shall not be applicable. Evidence presented should be reasonably related to the issues before the Senate and shall not be unduly repetitious. All evidence shall be admissible unless clearly redundant.
Both the student and the Senate may be accompanied by legal counsel or other person at the hearing. However, the accompanying legal counsel or other person may not participate in the actual hearing proceedings.
At any time prior to the hearing conference, the student may, if he or she believes that a bias or conflict of interest exists, request in writing the disqualification from the proceedings of any member of Senate. The final determination on such requests for disqualification is to be made by the presiding officer of Senate prior to the hearing. The presiding officer of shall, without request, disqualify any member of the Senate who shall or has given testimony as a witness in this hearing. Any member of the Senate may disqualify him or herself from the proceedings on the grounds of bias or conflict of interest in the proceeding. If disqualification of the presiding officer is requested, the Senate shall consider and vote on the request. Disqualification of the presiding officer shall require the endorsement of a majority of Senate members voting. If the presiding officer is so disqualified, a new presiding officer for the proceedings shall be elected by the Senate. The reasons for all challenges and for voluntary disqualification shall be made a part to the record.
In the event that the hearing cannot be completed before the end of the current Senate term, the members of the Senate participating in the hearing shall retain their positions and voting privileges with respect to the pending hearing, but shall not retain their positions or voting privileges for any other Senate purposes.
Step IV
Within five working days or as soon thereafter as possible following receipt of the Senate's recommendation, and upon discussion with the student and others as appropriate, the Dean shall reach a final decision and notify each party of the decision. The decision reached by the Dean is final. Penalties may include: a warning, probation, suspension, or dismissal from the University/Medical Center.
* Complaints resulting in no action by the College will not be retained in the student's official college file. Minutes of the hearing will be kept.
Faculty Senate
Faculty Senate shall consider evidence in the form of documentary evidence, written statements, or oral testimony from the student and/or such other relevant witnesses as may be called by the Senate or the student. To reach a decision on the appeal, the Senate must be satisfied by simple majority vote, a quorum (i.e., a simple majority of voting members) being present, that the preponderance of the evidence establishes that there was or was not adequate cause to support the charge of misconduct. Senate members who are not present at the hearing cannot be part of the deliberations nor can they vote on the outcome of the hearing.
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