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ROWAN

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-VIRTUA SCHOOL OF OSTEOPATHIC MEDICINE (Rowan-Virtua SOM) POLICY

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Title:  

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Rowan-Virtua SOM, Student Responsibilities, Rights and Disciplinary Procedures
Subject: Student Affairs
Policy No:

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 SOM-SA:2021:01
Applies:

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 Rowan-Virtua SOM
Issuing AuthorityDean, Rowan

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-Virtua SOM
Responsible Officer: Dean, Rowan

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-Virtua SOM
Adopted:   08/01/2015
Last Revision: 

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10/

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9/

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2025
Last Reviewed:  

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10/

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9/

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2025

  

I.    PURPOSE

To establish policy and procedures for handling the rights, responsibilities and disciplinary procedures for medical students enrolled at the Rowan University School of Osteopathic Medicine (

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“Rowan-Virtua SOM”).

II.   ACCOUNTABILITY

Under the direction of the Dean of

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Rowan-Virtua SOM, the

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Vice Dean of Education and the Assistant Dean for Student Affairs shall implement and ensure compliance with this policy.

III.  APPLICABILITY

This policy is applicable to all medical students enrolled at

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Rowan-Virtua SOM.

IV.  REFERENCES

  1. RowanSOM Rowan-Virtua SOM Student Code of Conduct (incorporated into the RowanSOM Rowan-Virtua SOM Student Handbook)
  2. Rowan University Student Code of Conduct

V.  POLICY

  1. Student Responsibilities
    1. RowanSOM Rowan-Virtua SOM students have the following responsibilities:
      1. as U.S. citizens, residents or visitors: the responsibility to be aware of and to abide by all applicable Federal, state and local civil and criminal laws and regulations;
      2. as students at RowanSOMRowan-Virtua SOM: the responsibility to be aware of and to abide by all applicable University and School policies, rules, procedures and standards, both general and academic; and the responsibility for personal and professional integrity and honesty;
      3. as future health care professionals and/or biomedical scientists holding a public trust: the responsibility to adhere to all generally recognized standards of professional and ethical conduct; and the responsibility to help ensure that high standards of professional and ethical conduct are upheld by fellow students, colleagues and peers by reporting incidents of academic and professional dishonesty observed in others;
      4. as members of the RowanSOM Rowan-Virtua SOM community: the responsibility to comply with the RowanSOM Rowan-Virtua SOM Student Code of Conduct.
    2. RowanSOM maintains Rowan-Virtua SOM maintains a Student Code of Conduct which sets forth general principles of integrity and honesty as well as ethical and professional expectations for behavior. This Code shall be distributed to students upon enrollment, incorporated into student handbooks and/or other appropriate student materials, and discussed with students during their course of study.  Violations of the Code may be considered a failure to adhere to the academic standards of the School.
  2. Student Rights
    1. Students at RowanSOM Rowan-Virtua SOM have the following rights: the academic freedom to examine and discuss all questions of relevance and to express opinions publicly and privately; the right to be informed of and to participate, when invited, in the formulation and implementation of appropriate policies and procedures affecting student affairs, and to express views about policies and issues of student interest; the right to form associations to promote common interests; the right to be apprised of criteria for academic evaluation, advancement and graduation; all rights and protections mandated by applicable Federal and state constitutions, laws and regulations; and the right to seek redress of grievances and have complaints heard.; and the right to due process if accused to violation of the Student Code of Conduct or relevant Rowan University policies.
    2. Rowan-Virtua SOM RowanSOM shall have and shall publicize policies, procedures and standards ensuring that its students can exercise the above rights.
  3. Academic Performance
    1. The faculty has the duty and authority to establish academic standards and rules, including standards for examinations, grading, academic standing, attendance, promotion, dismissal, and requirements for degrees and certificates. These academic standards and rules shall be set forth in the Student Handbook.
    2. All actions relating to student academic performance shall be governed by appropriate academic policies and procedures.
    3. Action may be taken to address a student's ability to fulfill the Essential Functions Technical Standards required for participation in the RowanSOM Rowan-Virtua SOM curriculum.
  4. Disciplinary Infractions
    1. The following are actionable under this policy's student disciplinary procedures, and may also subject the student to action by the School concerning academic or research misconduct, whether occurring on campus or off campus:
      1. infractions of Federal, state or local civil or criminal laws and regulations; and
      2. infractions of University or School policies, procedures, rules and standards; and
      3. infractions of professional and academic codes of honor or standards of behavior; and
      4. Acts of "harassment, intimidation or bullying," means any gesture, any including written, verbal or , physical act, electronic acts or any electronic communicationgestures, whether it be a single incident incidents or a series of incidents , that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on school property, at any school-sponsored function or off school that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that:that: 
        1. a reasonable person knows or should know, under the circumstances, will have the effect of physically or emotionally harming a student, or damaging a student's property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property; or
        2. is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the University; or
        3. infringes on the rights of the student at the University (reprinted in part from: New Jersey Anti-Bullying Bill of Rights-2010  (N.J.S.A. 18A:37-14);
      5. Acts of sexual harassment/sexual assault not governed by Rowan’s Title IX Policy or Student Sexual Misconduct Policy;
      6. Acts of discrimination, including written, verbal, physical, electronic acts or gestures, whether single incidents or a series of incidents, that can be reasonably perceived as being motivated by actual or perceived characteristics protected by law, that (i) take place on Rowan property or at any function affiliated/sponsored by Rowan, (ii) substantially disrupt or interfere with the orderly operation of the University or the rights of other students, (iii) and are not otherwise protected by the Constitutions of the United States and the State of New Jersey, and that:
        1. a reasonable person knows or should know, under the circumstances, will have the effect
        2. a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student, or damaging the a student's property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property; or
        3. has the effect of insulting or demeaning any student or group of studentsany student or group of students in such a way as to cause disruption in or interference with the orderly operation of the University; or
        4. creates a hostile educational environment for the student by interfering with a student's education or by severely/pervasively causing physical or emotional harm to the student; or
        5. infringes on the rights of the student at the University (reprinted in part from: New Jersey Anti-Bullying Bill of Rights- 2010 (N.J.S.A. 18A:37-14); and
        Acts of sexual harassment, including sexual violence or sexual coercion, whether or not the acts are the subject of civil or criminal action; physical sexual acts perpetrated against a person's will or when a person is incapable of giving consent (see Rowan University's Student Sexual Misconduct and Harassment Policy); and
        1. another student at the University.  A hostile environment exists where there is harassing conduct that is sufficiently severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the University.
        2. Matters alleging that a student engaged in discrimination are subject to Rowan University’s Procedure for Addressing Allegations of Student Discrimination and Retaliation.
      7. Stealing or other unethical means of acquiring materials and documents; and
      8. Forging of any material or document; and
      9. Falsification or fabrication of any document or data; and
      10. Plagiarism; and
      11. Preventing or interfering with other students in the fulfillment of their academic assignments; and
      12. Cheating; and
      13. Conduct, exhibited on or off campus, or in a virtual environment, that causes a material and substantial disruption to the educational mission of the School or an individual's work or study.
  5. Disciplinary Procedural Requirements
    Due process refers to an individual’s right to be adequately notified of charges or proceedings against the individual and the opportunity to respond to these actions. The RowanSOM disciplinary procedures set forth herein are the exclusive means of review of disciplinary actions within the Rowan University School of Osteopathic Medicine. There are four components to the individual and the opportunity to respond to Through the disciplinary review process: (1) the accused respondent is informed of the complaint; (2) the accused makes respondent is permitted to make a presentation to the Hearing Board; (3) the Hearing Board, through a careful and deliberate decision-making deliberation process, provides recommendations findings and a recommended outcome to the Dean of the School of Osteopathic Medicine; and (4) the respondent may appeal the Hearing Board’s recommendation to the Dean of the School of Osteopathic Medicine, ; and (5) following review of the record and/or consultation as necessary with the accusedrespondent, the complainant, or members of the Hearing Board, , the Dean of Rowan-Virtua SOM shall render a final decision on the disciplinary action to be taken.
    1. A request for a disciplinary action against a student may be made in writing to the Dean of the School of Osteopathic MedicineRowan-Virtua SOM, the Senior Associate Dean for Academic AffairsVice Dean of Education, or the Assistant Dean for of Student Affairs by any student, faculty member or administrative officer within thirty (30) working days of an alleged infraction or the discovery of an infraction.  Rowan’s Office of Student Equity & Compliance (“OSEC”) may refer matters alleging that a student engaged in discrimination to the Rowan-Virtua SOM Disciplinary Hearing Board.
    2. The Dean of the School of Osteopathic Medicine Rowan-Virtua SOM, or his/her designee, may choose to informally resolve the matter with the accused studentrespondent, except in cases involving allegations of sexual violence or sexual coercion, which are not permitted to be resolved informally but must be forwarded by the Dean of the School of Osteopathic Medicine to the Campus harassment/sexual assault and/or discrimination.  Allegations of sexual harassment/sexual assault, which are not otherwise subject to Rowan University’s Title IX Policy or Rowan’s Student Sexual Misconduct and Harassment Policy, and matters involving discrimination as referred by OSEC to the Hearing Board for a disciplinary hearing, will not be resolved informally.  Such matters will be adjudicated by Rowan-Virtua SOM’s Disciplinary Hearing Board (herein referred to as the “Hearing Board”) . A complainant alleging sexual harassment will not be required to meet in person with the accused at any timeand adjudicated under the Rowan-Virtua SOM Code of Conduct.
    3. If the Dean of the School of Osteopathic Medicine or his/her designee concludes that the matter cannot or should not be resolved informally, it shall be referred to the Hearing Board within ten (10) working days of the decision that the matter cannot or should not be resolved informally. At the Dean of the School of Osteopathic Medicine’s discretion, the awarding of a degree or certificate may be delayed pending the outcome of the disciplinary procedure.
    4. The accused respondent shall receive written notice of the complaint and of the time, date and place of the hearing, which shall commence within fifteen (15) working days of receipt of a request from the Dean of the School of Osteopathic Medicine or his/her designee.
    5. The Hearing Board shall convene to hear the complaint and make recommendations for action to the Dean of the School of Osteopathic Medicine.
    6. The Hearing Board shall be an established committee with members appointed by the Dean of the School of Osteopathic Medicine. The Hearing Board at each hearing must consist of at least three (3) members, who may be are faculty , administrators or students, or any combination thereof, who are not directly involved in the matter to be considered. Students will not participate in any hearings involving Title IX complaints.and administrators; student members are recommended but not required.  Hearing Board members must attest at each hearing that they possess no conflicts of interest which would cause unfair or impartial deliberation in the case; recusal is required for any members with known or perceived conflicts of interest.
    7. The complainant and respondent Any participant may call witnesses who can provide testimony relevant to the complaint. Character witnesses are generally considered not relevant. The accused student's education records, as defined by the Family Educational Rights and Privacy Act, may be examined and considered by the Hearing Board. Relevant materials may be presented by any participant.  The relevant. The Chair of the Hearing Board has final determination on the relevance of any witness or submissions.
    8. The Chair of the Hearing Board may at any time request submission of documents or an appearance by anyone involved in the matter , and may conduct as many hearing sessions as necessary to complete its consideration of the complaint, within the time period designated in this procedure. The Chair of the Hearing Board may also request submission of information concerning other disciplinary actions taken by the School against any student, to assist the Hearing Board’s deliberations.
    9. Students may consult private legal counsel at any time for advice. Students or legal counsel may submit to the Hearing Board any documents or other evidence relevant to the matter at any time prior to the conclusion of the hearing.  Legal   Legal counsel shall not be permitted to appear at the proceedings of the Hearing Board, but may be present outside the hearing room to consult consults with the student, at the student's request.  Students   Students may be accompanied by a non-attorney advocate during the hearing to consult privately with the student and, at the student's request, to present a final statement on the student's behalfto consult privately with the student. No other participation by the advocate support person is permitted.
    10. The burden of proof shall rest with the complainant. The  The standard of proof shall be the preponderance of the evidence standard (i.e., it is more likely than not that the offense alleged misconduct occurred).
    11. The Chair of the Hearing Board shall rule on all procedural matters in accordance with this policy, with the procedural rules of the School, and with generally accepted terms of academic fairness. Whenever necessary, the Chair may seek the advice of the Assistant Dean for Student Affairs and/or the Office of General Counsel in procedural matters.
    12. Hearing Board procedures shall, at a minimum, ensure:
      1. that all allegations be fully heard and considered by the Hearing Board, whether or not the accused student admits committing the offense;
      2. that witnesses designated by the complainant, the accusedrespondent, the School administration or the Hearing Board be heard and that the accused respondent be permitted to be present during testimony. The Hearing Board may request the presence of the complainant during the testimony of other witnesses, in whole or in part.  In addition, administrative staff may be present during the Hearing Board proceedings to provide assistance to the Hearing Board;
      3. that, subject to protections provided by FERPA, both the complainant and the accused respondent be afforded similar and timely access to any information that is considered by the Hearing Board;
      4. that testimony during the hearing shall be recorded, excluding all deliberations by the Hearing Board. An accused student may request in advance that the School employ a court stenographer that testimony during the hearing , at the student’s own expense, and obtain a copy of the recording or a transcript at his/her own expenseshall be recorded, excluding all deliberations by the Hearing Board..  The parties will be permitted access to the recording as needed to prepare an appeal;
      5. that the Hearing Board complete its hearing procedures within forty (40) working days of the commencement of the hearing, and submit to the Dean of the School of Osteopathic Medicine, with copies to the complainant and to the accused within ten (10) working days thereafter, a written summary including the Hearing Board’s findings of fact, determinations and recommendations;
      6. that the recommendations of the Hearing Board may consist of any or no disciplinary action, based upon: the factual findings; the severity of the infraction; the accused student’s education records at the Schoolthe infraction; any relevant mitigating circumstances; and any other relevant policies or codes of the School; and
      7. that the Hearing Board recommendations are supported by no less than a majority vote of the members hearing the matter.
    13. Examples of possible disciplinary actions outcomes include, but are not limited to:
      1. Dismissal of charges: dismissal of the complaint and removal of the complaint from University records;
      2. Reprimand: an oral or written statement by the Dean or his/her designee to the student involved;
      3. Probation: a specific period of time during which conditions may be placed on the student's enrollment, and the student's academic achievement and/or conduct monitored by the School;
      4. Suspension: a specific period during which the student is barred from enrollment;
      5. Dismissal: severing of the affiliation between the student and the School;
      6. Withholding of degree or certificate: temporary or permanent withholding of degree or certificate; and
      7. Degree or certificate revocation.
    14. All notices and correspondence to an accused student shall be sent certified mail, return receipt requested, or by another method providing confirmation of delivery, and such receipts or confirmations shall be retained by the School.
    15. The School shall retain all records, notices, correspondence, tapes and transcripts pertaining to any action taken pursuant to this policy for a period of seven (7) years following conclusion of the action.
    16. The Office of General Counsel may advise the Hearing Board and any administrative officer on interpretation of this policy and any other legal or procedural question at any time, except that no legal counsel shall be present during the taking of testimony by the Hearing Board.
      1. Required remedial actions to be undertaken by the student;
      2. Private Letter: a letter to the student by the Assistant Dean of Student Affairs, detailing the policy and/or Code of Conduct violations, restating expectations for remediation and conduct, and articulating sanctions, which is retained in the student’s Student Affairs non-academic file, not shared outside of Rowan-Virtua SOM;
      3. Public Letter: a letter to the student by the Assistant Dean of Student Affairs, detailing the policy and/or Code of Conduct violations, restating expectations for remediation and conduct, and articulating sanctions, which is shared and retained with the Rowan-Virtua SOM Registrar as part of the student’s public file, which may include but is not limited to disclosure to the ERAS system through notation on the student MSPE;
      4. Probation: a specific period of time during which conditions may be placed on the student's enrollment, and the student's academic achievement and/or conduct monitored by the School;
      5. Suspension: a specific period during which the student is barred from enrollment;
      6. Dismissal: severing of the affiliation between the student and the School;
      7. Withholding of degree or certificate: temporary or permanent withholding of degree or certificate; and
      8. Degree or certificate revocation.
    17. The primary method of communication to the student regarding disciplinary matters will be via Rowan University email. All notices and correspondence to the respondent student shall be sent by a method providing confirmation of delivery, and such receipts or confirmations shall be retained by the School.
    18. The School shall retain all records, notices, correspondence, tapes and transcripts pertaining to any action taken pursuant to this policy for a period of seven (7) years following conclusion of the action.
    19. The Office of General Counsel may advise the Hearing Board and any administrative officer on interpretation of this policy and any other legal or procedural question at any time, except that no legal counsel shall be present during the taking of testimony by the Hearing Board.
    20. There shall be no action taken to suspend or dismiss a student prior to completion of these disciplinary hearing procedures, unless such action is taken in accord with the Interim Suspension Policy.There shall be no action taken to suspend or dismiss a student prior to completion of these disciplinary hearing procedures, unless, in the judgment of the Dean of the School of Osteopathic Medicine or his/her designee, the continued presence of the student poses a substantial and immediate danger to the welfare or safety of any person or property. The Dean of the School of Osteopathic Medicine may in such cases take action to prevent harm prior to and during the conduct of a hearing; the Hearing Board shall convene as rapidly as possible to render recommendations. A student suspended in this manner shall be given an opportunity to appear personally before the Dean of the School of Osteopathic Medicine or his/her designee to discuss the alleged misconduct and whether the student's continued presence poses a substantial and immediate danger to himself/herself, to others and/or to property. Alternatively, action may be taken pursuant to the RowanSOM policy entitled “Student Involuntary Leave of Absence or Involuntary Withdrawal.”
    21. If a complaint alleging a disciplinary infraction during a student’s enrollment or other participation in University activities is submitted after the student has graduated or otherwise terminated the relationship with the University, the complaint may, at the Dean of the school of Osteopathic Medicine's discretion, be submitted to the Hearing Board in accordance with this policy and procedure. Revocation of a degree or certificate may be recommended by the Hearing Board by the Hearing Board to the Dean of the school of Osteopathic Medicine retroactively.
  6. Appeals
    1. Any party may submit an appeal of the Hearing Board’s recommendations to the Dean of the school School of Osteopathic Medicine.
    Appeals
    1. If no appeal is filed, the Dean of the School of Osteopathic Medicine will review the Hearing Board’s recommendation and render a final decision which may include adopting or overturning the recommendation, or requesting that the Hearing Board take further action.
    2. Appeals must be submitted in writing
    3. Any party may submit an appeal of the Hearing Board’s recommendations to the Dean of the School of Osteopathic Medicine in writing within five (5) working days of receipt of the Hearing recommendation.An appellant must submit any appeal to the Dean of the School of Osteopathic Medicine in writing within five (5) working days of receipt of the Hearing Board’s recommendations  Appeals must articulate at least one of the following bases:
      1. A procedural or substantive error occurred in the process that significantly impacted the Hearing Board’s recommendation; or
      2. New and significant information has become available which could not have reasonably been discovered prior to the Hearing Board’s recommendation; or
      3. The recommended sanctions are substantially disproportionate or not appropriate in light of the alleged violation.
    4. The Dean of the School of Osteopathic Medicine may review any education records of involved students, seek information and consult with any other party, including the studentcomplainant, complainant respondent and/or members of the Hearing BoardBoard as necessary to render a decision.
    5. Except in extraordinary circumstances, (notice of which shall be provided by the Dean of the School of Osteopathic Medicine to the accused student and the complainant) the Dean of the School of Osteopathic Medicine or his/her designee shall, within thirty (30) business days of the last submission by any party of an appeal, render a final decision on disciplinary action to be taken and shall provide written copies of the decision to the student, the complainant and Hearing Board members.Within five (5) working days of receipt of Medicine to the complainant and respondent) the Dean of the School of Osteopathic Medicine’s decision, the accused student and, solely in matters alleging sexual harassment, violence or coercion, the complainant may submit a written appeal to the Provost.The Provost may, at his or her discretion, review any education records of involved students and seek information and consult with any other party, including the student, complainant, members of the Hearing Board and the Dean of the School of Osteopathic Medicine. Except in extraordinary circumstances, (notice of which shall be provided by the Medicine or his/her designee shall, within thirty (30) business days of the last submission by any party of an appeal, render a final decision on disciplinary action.  If the Dean of the School of Osteopathic Medicine finds that a procedural error occurred or new information was produced, the Dean will refer the matter back to the Hearing Board for further consideration.  In all other cases, the Dean will render a final decision with respect to the appeal, either adopting or modifying the Hearing Board’s recommendation.  The Dean of the School of Osteopathic Medicine to the accused student and the complainant) the Provost shall, within thirty (30) working days, render a non-appealable written decision and shall provide written copies of the decision to the student, the complainant, parties and Hearing Board members and the Dean of the School of Osteopathic Medicine.
  7. Permitted Communications and Confidentiality Confidentiality
    1. To promote the safety and/or welfare of a student and/or of others, and to the extent permitted by FERPA and other applicable laws, the School or University officials may, when appropriate, report incidents of disruptive behavior, or other conduct of serious concern, to the student’s next of kin and/or to other appropriate School or University officials or health care or counseling providers, or to law enforcement agencies.
    2. Except for such reports and communications made pursuant to this policy, and to the extent permitted by FERPA and other applicable laws, all proceedings and deliberations conducted pursuant to this policy and procedure will be considered confidential and may not be released or disclosed by any participant without permission from all of the involved parties or without valid subpoena or court order.