Policy of the University of
Nevada School of Medicine
UNSOM Policy Name:
Originator (s):
Department:
Effective Date:
Student Due Process
Melissa Piasecki, M.D., Senior Associate Dean
Office of Academic Affairs
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
7/2014
Revision No.
New
Modification
Author(s)
OAA
3.0 Stakeholders
3.1
3.2
3.3
3.4
3.5
3.6
3.7
Students
Faculty
Staff
Administration
Residents
Community Partners
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-13005), the UNR Academic Standards Policy (http://www.unr.edu/studentconduct/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,
DRAFT version 6-12-14
Policy Name:
Student Due Process Policy
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/T2CH10%20%20Rules%20of%20Conduct%20and%20Procedures%20for%20Students%20of%20th
e%20Nevada%20System%20of%20Higher%20Education.pdf
5.0 Definitions
5.1
ASA
5.2
SPCC
5.3
5.4
UNSOM
UNSOM Bylaws
ASA refers to the Office of Admissions and Student Affairs at
the University of Nevada School of Medicine.
SPCC refers to the UNSOM Student Promotion and Conduct
Committee, which is the medical school’s disciplinary
committee.
UNSOM refers for the University of Nevada School of Medicine.
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
6.1.1
6.1.2
6.2
6.2.1
6.2.2
6.2.3
Student Promotion and Conduct Committee’s (SPCC) Function and Membership
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.
The SPCC shall include faculty members as outlined in the UNSOM Bylaws.
Meetings and Notifications
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.
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.
The standard of proof that the SPCC will use to make a determination is the
preponderance of evidence.
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Policy Name:
6.2.4
6.2.4.1
6.2.4.2
6.2.4.3
6.2.4.4
6.2.4.5
6.2.4.6
6.2.5
Student Due Process Policy
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.
The student is entitled to be present throughout the SPCC meeting with
the exception of SPCC deliberations.
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.
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.
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.
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.
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.
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
6.3.2.1
6.3.2.2
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:
All materials considered by the SPCC during the meeting including the
record of the applicable proceedings.
The Associate Dean for Student Affairs and the student shall each
submit a written statement of issues to be considered by the Dean.
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Policy Name:
6.3.2.3
6.3.3
Student Due Process Policy
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.
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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