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University Policies

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

Title:  Rowan-Virtua SOM, Student Responsibilities, Rights and Disciplinary Procedures
Subject: Student Affairs
Policy No: SOM-SA:2021:01
Applies: Rowan-Virtua SOM
Issuing AuthorityDean, Rowan-Virtua SOM
Responsible Officer: Dean, Rowan-Virtua SOM
Adopted:   08/01/2015
Last Revision: 10/9/2025
Last Reviewed:  10/9/2025

  

I.    PURPOSE

To establish guidelines to assist with excelling and celebrating successes at Rowan-Virtua SOM, and to establish policy and procedures for handling the rights, responsibilities, disciplinary processes and procedures for medical students enrolled at the Rowan University School of Osteopathic Medicine (“Rowan-Virtua SOM”).

II.   ACCOUNTABILITY

Under the direction of the Dean of Rowan-Virtua SOM, the 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 Rowan-Virtua SOM.

IV.  REFERENCES

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

V.  POLICY

  1. Student Responsibilities
    1. 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 Rowan-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 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; as well as reports of perceived ‘above and beyond’ acts of professionalism;
      4. as members of the Rowan-Virtua SOM community: the responsibility to comply with the Rowan-Virtua SOM Student Code of Conduct. Note: All reasonable steps will be taken to prevent retaliation against a student who reports a breach of the Code of Conduct.
    2. Rowan-Virtua SOM maintains a Student Code of Conduct which sets forth general principles of integrity, honesty and professional growth as well as ethical and behavioral expectations. This Code shall be distributed to students upon enrollment, incorporated into student handbooks and/or other appropriate student materials, and discussed with students during orientation and their course of study. Individual or cumulative Violations of the Code may be considered a failure to adhere to the academic standards of the School.
  2. Student Rights
    1. Students at 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; 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 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 Technical Standards required for participation in the 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;
      2. infractions of University or School policies, procedures, rules and standards;
      3. infractions of professional and academic codes of honor or standards of behavior;
      4. Conduct alleged to be in violation of the Rowan-Virtua SOM Student Code of Conduct;
      5. Conduct (written, verbal, behavioral, physical, telephonic or electronically transmitted), 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. Initial Review
    1. When the  Dean of Student Affairs receives a report of an alleged violation of the Code of Conduct, the involved student will be notified of the alleged behavior that is incongruent with expectations to improve the student’s professional growth in alignment with the student Code of Conduct. Through the student-faculty discussion/review process led by the Dean of Student Affairs, or designee,  the student is informed of the alleged action and is permitted to verbalize their rationale of the alleged conduct. The Dean of Student Affairs, or designee, may rely on statements made by the student, and consulted as necessary with other individuals, and assign the student one or both of the following outcomes:
      1. Coaching, remedial or corrective actions: recommendations or mandates made by the Assistant Dean of Student Affairs, or their designee, for specific training, professional development, completion of projects, assignments, presentations, or other items to demonstrate competent skill development regarding the alleged aberrant behavior which is retained in the student’s Student Affairs non-academic file for tracking professional development, and not shared with other entities outside of Rowan-Virtua SOM as a singular occurrence, and may potentially become part of the basis for future discipline;
      2. Referral to disciplinary procedure based on pattern: Following multiple or persistent behavior(s) that have been identified, the Dean of Student Affairs, or their designee, will present the trend or pattern to the Dean, or their designee, to determine whether the matter should be referred to a disciplinary hearing.
      3. Referral to disciplinary procedure based on the nature of the alleged violation: The Assistant Dean of Student Affairs, or designee, will present the alleged violation and information gathered through the initial review to the Dean, or their designee, for determination as to whether the matter should be referred to a disciplinary hearing.
  6. 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 the disciplinary review process:

    (1) the respondent is informed of the alleged Code of Conduct violation;

    (2) the respondent is permitted to make a presentation to the Hearing Board;

    (3) the Hearing Board, through a deliberation process, provides findings and a recommended outcome to the Dean of the School of Osteopathic Medicine;

    (4) the respondent may appeal the Hearing Board’s recommendation to the Dean of the School of Osteopathic Medicine;

    (5) following review of the record and/or consultation as necessary with the respondent 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 Rowan-Virtua SOM, the Vice Dean of Education, or the Assistant Dean of Student Affairs by any student, faculty member or administrative officer within thirty (30) working days of an alleged violation of the Code of Conduct or the discovery of a potential violation.  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 Rowan-Virtua SOM, or his/her designee, may choose to informally resolve the matter with the respondent, except in cases involving allegations of sexual 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”) and 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 respondent shall receive written notice of the alleged violation 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 conduct a hearing regarding the alleged violation, make findings of fact, 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 are faculty and administrators; student members are permitted but not required.  Hearing Board members must attest at each hearing that they possess no conflicts of interest (e.g., a professional, personal or financial interest or relationship) which would compromise the member’s ability to engage in impartial deliberation in the case. The Hearing Board Chair shall determine if recusal is required based upon an asserted conflict of interest.
      7. The School administration and the respondent may call witnesses who can provide testimony relevant to the alleged violation. Character witnesses are not generally considered 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 consideration of the complaint, within the time period designated in this procedure.
      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 counsel shall not be permitted to appear at the proceedings of the Hearing Board, but may be present outside the hearing room to consult with the student, at the student's request.  Students may be accompanied by a non-attorney support-person during the hearing to consult privately with the student. No other participation by the support person is permitted.
      10. In determination of Code of Conduct violations, the standard of proof shall be the preponderance of the evidence standard (i.e., it is more likely than not that the 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 respondent admits committing the offense;
        2. that witnesses designated by t the respondent, the School administration or the Hearing Board be heard and that the respondent be permitted to be present during testimony.  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, the respondent be afforded timely access to any information that is considered by the Hearing Board;
        4. that testimony during the hearing shall be audio 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 respondent within ten (10) working days thereafter, a written summary including the Hearing Board’s findings of fact 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; 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. 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.
      14. The School will retain all records, notices, correspondence, and recordings pertaining to any action taken pursuant to this policy for a period of seven (7) years following conclusion of the action or the student’s enrollment at the School, whichever is later.
      15. 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.
      16. 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.
      17. If a report alleging a violation of the Code of Conduct 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 alleged violation, at the Dean of the school of Osteopathic Medicine's discretion, may 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 to the Dean of the school of Osteopathic Medicine retroactively.
    1. Outcomes
      1. The Rowan-Virtua SOM Hearing Board will, based on preponderance of the evidence, adjudicate the alleged behavior according to the specific sections and components of the Code of Conduct, and determine which have been found to be in violation.
      2. The Rowan-Virtua SOM Hearing Board will make recommendations regarding the outcome for alleged Code of Conduct violations. Criteria for each outcome may include, but are not limited to:
    1. Revocation of Allegations: dismissal of the complaint and removal of the complaint from University records when an allegation found to be irrelevant to the student respondent, due to an error in reporting, or following an investigation, discovery that a student was not involved in or not responsible for the allegation.
    2. Remedial or corrective actions: recommendations or mandates for specific training, professional development, completion of projects, assignments, presentations, or other items to demonstrate competence of the alleged behavior
    3. Private Letters: 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, and not shared with other entities outside of Rowan-Virtua SOM;
    4. Recommendations for meetings with the Assistant Dean of Student Affairs, assignment of a faculty advisor.
    5. Public Letter: a letter detailing the policy and/or Code of Conduct violations, restating expectations for remediation and conduct, and articulating sanctions. This letter is addressed to the student by the Assistant Dean of Student Affairs, is then sent, shared and retained with the Rowan-Virtua SOM Registrar as part of the student’s public file, and may include, but is not limited to, simultaneous disclosure to ERAS vis-a-vis notation on the student’s MSPE;
    6. Notation on student MSPE as a communication to residency applications through ERAS, ResidencyCAS, or other resident matching systems.
    7. 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
    8. Suspension: a specific period during which the student is barred from enrollment
    9. Withholding or revocation of degree or certificate: temporary or permanent withholding of degree or certificate
    10. Dismissal: severing the affiliation between the student and Rowan- Virtua SOM
    1. Findings and Recommendations
      1. The Hearing Board will provide an Executive Summary in writing to the respondent within fourteen (14) working days of the date of the hearing.
      2. The Executive Summary will also be sent to the Dean of the Rowan-Virtua School of Osteopathic Medicine, along with a full recording of the hearing, all hearing attachment and packet materials, and any student respondent statements provided to the Hearing Board at the time of the hearing.
      3. The Dean will provide a Decision Letter no later than thirty (30) working days of the receipt of the Hearing Board Executive Summary and Recommendations of Outcomes.
    2. Appeals
      1. Respondent may submit an appeal of the Hearing Board’s recommendations to the Dean of the School of Osteopathic Medicine.
      2. 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, modifying or overturning the recommendation, requesting that the Hearing Board reconvene to make additional recommendations or the Dean can direct the Hearing Board to take further action.
      3. Appeals must be submitted in writing to the Dean of the School of Osteopathic Medicine in writing within five (5) working days of receipt of the Hearing recommendation. 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 outcome or 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 respondent and/or members of the Hearing Board 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 respondent), the Dean of the School of Osteopathic Medicine or their designee, will render a final decision on disciplinary action within thirty (30) business days of the submission of an appeal.  If the Dean of the School of Osteopathic Medicine finds 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, modifying or overturning the Hearing Board’s recommendation. The Dean of the School of Osteopathic Medicine will provide written copies of the decision to the respondent and Hearing Board members.
    3. Permitted Communications and 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 Rowan- Virtua School of Osteopathic Medicine, or University officials may, when appropriate, report incidents of disruptive behavior, or other conduct of serious concern, 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.



  7. 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 Through the disciplinary review process: (1) the respondent is informed of the complaint; (2) the respondent is permitted to make a presentation to the Hearing Board; (3) the Hearing Board, through a deliberation process, provides findings and a recommended outcome to the Dean of the School of Osteopathic Medicine; (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 respondent, 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 Rowan-Virtua SOM, the Vice Dean of Education, or the Assistant Dean 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 Rowan-Virtua SOM, or his/her designee, may choose to informally resolve the matter with the respondent, except in cases involving allegations of sexual 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”) and 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 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 are faculty 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 may call witnesses who can provide testimony relevant to the complaint. Character witnesses are generally considered not 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 consideration of the complaint, within the time period designated in this procedure.
    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 counsel shall not be permitted to appear at the proceedings of the Hearing Board, but may be present outside the hearing room to consults with the student, at the student's request.  Students may be accompanied by a non-attorney advocate during the hearing to consult privately with the student. No other participation by the support person is permitted.
    10.  The standard of proof shall be the preponderance of the evidence standard (i.e., it is more likely than not that the 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 respondent, the School administration or the Hearing Board be heard and that the 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 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..  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; 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 outcomes include, but are not limited to:
      1. Dismissal of charges: dismissal of the complaint and removal of the complaint from University records;
      2. Required remedial actions to be undertaken by the student;
      3. 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;
      4. 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;
      5. 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;
      6. Suspension: a specific period during which the student is barred from enrollment;
      7. Dismissal: severing of the affiliation between the student and the School;
      8. Withholding of degree or certificate: temporary or permanent withholding of degree or certificate; and
      9. Degree or certificate revocation.
    14. 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.
    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.
    17. 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.
    18. 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 to the Dean of the school of Osteopathic Medicine retroactively.
  8. Appeals
    1. Any party may submit an appeal of the Hearing Board’s recommendations to the Dean of the School of Osteopathic Medicine.
    2. 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.
    3. Appeals must be submitted in writing to the Dean of the School of Osteopathic Medicine in writing within five (5) working days of receipt of the Hearing recommendation.  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 complainant, respondent and/or members of the Hearing Board 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 complainant and respondent) 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.  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 shall provide written copies of the decision to the parties and Hearing Board members.
  9. Permitted Communications and 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 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.





 

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