THE OHIO STATE UNIVERSITY COLLEGE OF DENTISTRY

CODE OF HONOR AND PROFESSIONAL CONDUCT

 Approved by the Faculty 2/26/03

PREAMBLE

A health care profession is granted the privilege of self-regulation by the public.  Implicit in the concept of self-regulation is the obligation of the profession to have and abide by a written code of conduct that provides guidance to its members and future members.  This code is the written core of the College’s belief in a high standard regarding our general respect for others: patients, faculty, students, and staff.  This Code of Conduct is the guide for all faculty, students and staff of The Ohio State University College of Dentistry.

            Students of the College of Dentistry are also governed by The Ohio State University Code of Student Conduct, which includes student actions outside the classroom.  The College encourages students to conduct themselves appropriately on University premises and associated University or College functions. 

 ARTICLE  I – PROFESSIONAL CONDUCT

 A.                 It is our responsibility to provide our patients with the highest quality of care in a timely manner, acknowledging the constraints presented by the patient and the resources of the College of Dentistry.

B.                 It is our responsibility to interact with patients in an ethical and caring manner, and to treat all persons associated with The Ohio State University College of Dentistry with respect and courtesy.

C.                 Faculty will behave in a manner that recognizes their duty to the public to educate competent and ethical practitioners.

D.                 Faculty, students, and staff are expected to conduct themselves with impeccable integrity and are obligated to take action if violations of professional conduct are observed.

E.                  It is our responsibility to refrain from actions that will detract from the professional atmosphere or orderly appearance of the facility or other College property.

F.                  It is our responsibility to maintain or enhance the esteem of The Ohio State University College of Dentistry and profession.

 ARTICLE II – PROFESSIONAL CODES 

Faculty, students, and staff will abide by applicable professional codes of ethics (e.g., ADA Principles of Ethics and Code of Professional Conduct, ADHA Code of Ethics, ADAA Code of Ethics).

 

ARTICLE III – COLLEGE AND UNIVERSITY POLICIES AND RULES

 Faculty, students, and staff will comply with all written College and University codes, bylaws, policies and rules, including but not limited to:  The Ohio State University Code of Student Conduct, The Ohio State University college of Dentistry Code of Honor and Professional Conduct, and the infection control, hazardous waste disposal, and smoke-free environment policies of the College of Dentistry, and other rules and policies included in the College of Dentistry Clinic Manual and promulgated by the College from time to time.

 ARTICLE IV – PROFESSIONAL AND/OR ACADEMIC MISCONDUCT

 A.                 ALLEGED MISCONDUCT BY A STUDENT

 1.                  Identification of Misconduct – 

a.                   When there is a perception that misconduct has occurred and the accused student and the observer agree as to the facts, then there is an admission of misconduct and the parties may proceed toward informal resolution.

b.                  Consult as soon as possible with the Assistant/Associate Dean of Academic Affairs regarding the nature of the misconduct.   In the event the Assistant/Associate Dean of Academic Affairs determines that this is not the first time that a written report has been received regarding the accused, the matter may not be resolved informally or by the Section Chair and the matter must be referred to the Assistant/Associate Dean for action which may include referral to the Professionalism Committee.

c.                   When appropriate and possible, misconduct may be resolved informally between the parties and a written report signed by the parties, will be submitted as soon as possible to the Assistant/Associate Dean of Academic Affairs and retained in the student’s disciplinary record.

d.                  Whenever informal resolution of misconduct by a student is not possible and/or is deemed inappropriate, the observer (faculty, student, or staff) should do the following:

 (1)               Communicate as soon as possible his/her concerns to the student in writing, indicating the steps he/or she will be taking and request that the student provide a written statement either admitting or denying guilt or denying all knowledge of the alleged misconduct.  The statement by the student may be included in the observer’s report or forwarded directly by the student to the Assistant/Associate Dean of Academic Affairs under c.(3).

(2)               As soon as possible submit a signed written report stating the allegations to the appropriate course director and/or Section Chairperson and to the Assistant/Associate Dean of Academic Affairs.  See 2b for preparation of the report.   If due to perceived vulnerability or intimidation, the observer is unwilling to confront the accused student, the accused student will be notified in writing by the Assistant/Associate Dean for Academic Affairs of the allegation and requested to provide a written statement either denying or admitting guilt or denying all knowledge of the alleged misconduct.

(3)               The written notification sent to the accused, either by the observer or the Assistant/Associate Dean of Academic Affairs shall provide a date on or before which the student shall have provided his/her written statement which shall be seven (7) calendar days from the date of notification.  Notification shall be considered to have occurred, three (3) days after notification is mailed by certified mail or personally delivered to the accused.

(4)               The presence of a colleague with the observer at any meeting with the student is recommended.

(5)               Document the accused’s refusal or failure to timely submit the requested documentation. 

2.                  Preparation of Written Report – 

a.                   Written Report When Informal Resolution Possible.  The observer shall prepare a written report of the alleged misconduct.  The report should be as complete as possible, and should have all relevant evidence attached including written statements from any witnesses.  The statement should include the full names of the parties involved, the circumstances, dates and times, what was said and done, witnesses present, actions taken by the observer and a phone number where the observer can be contacted. The report should be signed by all of the parties including the accused.

b.                  Written Report When Informal Resolution Not Possible.  The observer shall prepare a written report as indicated above but it shall be submitted without the signature of the accused who may submit his/her statement of the facts with the observer’s report or may submit his/her statement directly to the Assistant/Associate Dean of Academic Affairs. 

3.                  Action – Action of the Assistant/Associate Dean for Academic Affairs of the College of Dentistry for the first written report received may include:

a.                   referral to the College Professionalism Committee, or

b.                  referral to the University Coordinator of Judicial Affairs, or

c.                   resolution of the matter with the parties, although the student and/or observer has a right to request a Professionalism Committee hearing.

 4.                  Continuing Course Enrollment – Students suspected of misconduct, whether acknowledging involvement or not, should be allowed to continue in the course without prejudice pending action by the Assistant/Associate Dean for Academic Affairs or the Professionalism Committee.  If the course ends before such action is taken, the instructor should assign the student the grade of Incomplete in accord with University Faculty Rule 3335-7-21.  The alternative grade of the Incomplete should be that which will be given if the student is not found in violation of the Code. 

5.                  Appeal – Appeal of decisions made by the Professionalism Committee may be made to the Dean of the College of Dentistry within ten (10) calendar days of the date of the notification of the decision.  Notification shall be considered to have occurred three (3) days after notification is mailed by certified mail to the student.  Barring introduction of substantial new facts, an appeal is limited to a review of the proceedings of the previous hearing. 

6.                  Repeated Alleged Misconduct – In the event a student is formally accused of misconduct more than once, either with informal resolution or when informal resolution is not possible or appropriate, the matter cannot be resolved informally, but must be referred to the Assistant/Associate Dean of Academic Affairs for action.

 In the event of repeated allegations against the same accused, the Assistant/Associate Dean of Academic Affairs will refer the matter to:
a.    The College of Dentistry Professionalism Committee; or
b.   The University Coordinator of Judicial Affairs

 B.                 ALLEGED MISCONDUCT BY FACULTY  

1.      Identification of Misconduct - When appropriate and possible, alleged misconduct may be resolved informally between the parties and a written report signed by the parties, will be submitted as soon as possible to the Section Chairperson and retained in the faculty record and a copy sent to the Dean’s office. Whenever informal resolution of misconduct by faculty is not possible and/or is deemed inappropriate, the observer (faculty, student or staff) should inform the faculty member of the allegation. However, if because of perceived vulnerability, the observer is unwilling to confront the faculty member and the offense is felt to be significant, the observer may report the incident (see below) without directly informing the faculty member.

2.      Preparation of Written Report - The observer shall prepare a written report on the alleged misconduct. The report should be as complete as possible including the written statements from any witnesses and should have all relevant evidence attached. The statement should include the full names of the parties involved, the circumstances, dates and times, what was said and done, witnesses present, actions taken by the observer and a phone number where the observer can be contacted. The observer may request to remain anonymous, but must sign the report. Anonymity cannot be guaranteed because the report with the observer’s signature will be filed in the faculty member’s personnel file and may be subject to Ohio Public Record Law.  Although the complaint will be investigated, the complainant will be made aware that remaining anonymous may impede a full investigation and may alter the disciplinary action taken (See No. 4).

3.      Submission of Written Report - The report prepared by the observer should be submitted to the chair of the faculty member's academic unit (with exceptions noted in University Faculty Rule 3335-5-04 [A-3]) and a copy sent to the Dean’s office.

4.      Action - If the complainant has not requested anonymity, action will be taken according to University Faculty Rule 3335-5-04. If the complainant has requested anonymity, the complaint will be investigated to the extent possible.  If the alleged misconduct is considered significant, and the anonymity of the complainant poses a serious barrier to a thorough investigation, the complainant may be encouraged to waive anonymity to allow formal pursuit to the fullest extent.

5.      Graduate Students, even when performing teaching responsibilities, are governed by the rules of the Graduate School. 

C.                 ALLEGED MISCONDUCT BY A STAFF MEMBER

1.      Identification Of Misconduct  - When appropriate and possible, alleged misconduct may be resolved informally between the parties including the staff member’s direct supervisor. Whenever informal resolution of alleged misconduct by a staff member is not possible and/or is deemed inappropriate, then the process for resolution shall be guided by the Ohio State University Operating Manual Corrective Action Number 8.15.   

2.      If, because of perceived vulnerability, the observer is unwilling to be identified to the staff member, the observer may request to remain anonymous, but must sign a report.  Anonymity cannot be guaranteed because the report with the observer’s signature must be filed in the staff member’s personnel file and is considered a public record in the State of Ohio.  Although complaint will be investigated the complainant will be made aware that attempting to remain anonymous may impede the investigation and may alter the disciplining action taken.

3.      Action - If the complainant has not requested anonymity, the supervisor will take action in compliance with The Ohio State University Operating Manual (Corrective Action, Number 8.15). If the complainant has requested anonymity, the complaint will be investigated to the extent possible.  If the alleged misconduct is considered significant, and if the anonymity of the complainant poses a serious barrier to a thorough investigation, the supervisor may encourage the complainant to waive anonymity to allow formal pursuit of the complaint to the fullest extent.

Excerpts from the Statutes Applying to the University, Bylaws of the Board of Trustees and Rules of the University Faculty, (February, 1992), enabling The Ohio State University College of Dentistry to have jurisdiction over cases involving student academic misconduct.

3335-1-07 Student Affairs

(A) Discipline[...]

(2) The Deans of the Colleges and of the Graduate School, the Directors of Schools, and the Chairpersons of the departments, respectively, are responsible to the President through regular disciplinary channels for the discipline of all students in the activities of their respective Colleges, Schools and departments.

3335-5-487 Committee on Academic Misconduct

[...]
(B) Duties and Responsibilities

(3) Serve as a consultant on questions of academic misconduct for any professional college having a published honor code. (NOTE: This committee shall not have jurisdiction over cases involving student academic misconduct in professional colleges having published honor codes. These colleges shall follow their own codes in investigating reported cases of academic misconduct and in determining suitable disciplinary action. When the action taken involves suspension, dismissal, or entry on the student's permanent record, a recommendation to that effect shall be made to the senior vice president for academic affairs and provost for review and action.)

The Ohio State University College of Dentistry
PROFESSIONALISM COMMITTEE

2007-2008 Professionalism Committee

Faculty
 		 Student Vice Presidents
Dr. Julie Holloway, Chr., '08
Dr. Alex Peregrina '08
Dr. Dale Kanner '09
Ms. Susan Bauchmoyer '09                                         Ms. Wendy Moore '09		 Dent 1 - Celia Fenell
Dent 2-Charu Gupta
Dent 3-Brandi Albaugh
Dent 4-David Gailey
 

Section 1.

The Professionalism Committee shall consist of four dental students who shall be the elected Vice-President of each class, and four faculty members appointed by the Dean, with one of them designated as chairperson, who will only vote in case of a tie.

Section 2.

The Professionalism Committee is charged with the responsibility for protecting the academic standards, integrity and policies of the College and the University through:

  1. Investigating and/or establishing procedures for the investigation of reported violations of the College of Dentistry Code of Honor and Professional Conduct, integrity or policies in such a manner as to insure student and faculty rights and due process.
  2. Recommending to the Dean suitable disciplinary action in any case where an infraction of the Code of Honor and Professional Conduct has been determined.
  3. Hearing and investigating other matters directed to the Professionalism Committee by the Dean.

Section 3.

Decisions of the Professionalism Committee shall be by majority vote and communicated in writing to the Dean of the College of Dentistry for review and action.

Section 4.

Decisions and recommendations of the Professionalism Committee may be appealed to the Dean of the College of  Dentistry.
 

                                               

PROFESSIONALISM COMMITTEE

Approved by the Faculty 2/26/03

MEMBERSHIP

The Professionalism Committee shall consist of four (4) pre-doctoral students who shall be the elected Vice-President of each class and at least four (4) faculty members, recommended by faculty council and appointed by the Dean, with one of them designated as chairperson who will only vote in case of a tie.

 

Section 2.

 

CHARGE TO THE COMMITTEE

The Professionalism Committee is charged with the responsibility for protecting the academic standards, integrity and policies of the College and the University through:

 

1.                  Investigating and/or establishing procedures for the investigation of reported violations of the College of Dentistry Code of Honor and Professional Conduct, integrity or policies in such a manner as to insure student and faculty rights and due process.

2.                  Recommending to the Dean suitable disciplinary action in any case where an infraction of the Code of Honor and Professional Conduct has been determined.

3.                  Hearing and investigating other matters directed to the Professionalism Committee by the Dean.

 

Section 3.

DECISIONS OF THE COMMITTEE
 

Decisions of the Professionalism Committee shall be by majority vote and communicated in writing to the Dean of the College of Dentistry for review and action.

 

Section 4.

 

APPEAL OF COMMITTEE DECISION OR RECOMMENDATIONS

 

Decisions and recommendations of the Professionalism Committee may be appealed to the Dean of the College of Dentistry.


 

THE OHIO STATE UNIVERSITY COLLEGE OF DENTISTRY

PROCEDURES OF THE PROFESSIONALISM COMMITTEE

-  STUDENT MISCONDUCT

 

Approved by Faculty 2/26/03

 

 

1.0              A duty of the Professionalism Committee (hereinafter, “Committee”) is to investigate or establish procedures for the investigation of all reported cases of student academic misconduct and violations of the College Code of Honor and Professional Conduct and to decide upon suitable disciplinary action (See University Rule 3335-5-487).  References hereinafter made to University Rule refer to the University Rules, Policies and Regulations found in Chapter 3335 of the Ohio Administrative Code.

 

1.1              When the action taken involves suspension, dismissal, or entry on the student’s permanent record, a recommendation to that effect shall be made to the Dean for review and action.  In the course of following its own procedures, any professional college may consult with the Committee on Academic Misconduct (See 3335-5-487).*

1.2              The Committee may, at its discretion, refer cases to the University Judicial Panel if it determines that the alleged academic misconduct is incidental to some other misconduct (See 335-31-02 and 3335-31-03).

 

2.0              Misconduct is defined as any activity which tends to compromise the integrity of the institution, or subvert the educational process.  Examples of misconduct include, but are not limited to the following, including those prohibited conducts identified in University Rule 3335-31-02.

 

2.1              violation of course rules as contained in the course syllabus or other information provided the student; violation of program regulations as established by departmental committees;

2.2              providing or receiving information prior to, during, or after quizzes and examinations such as course examinations (the release of which has not been authorized by the Course Director); or providing or using unauthorized assistance in the laboratory, at the computer terminal, or on field work;

2.3              submitting plagiarized work for an academic requirement.  Plagiarism is the representation of another’s works or ideas as one’s own; it includes the unacknowledged word-for-word use and/or paraphrasing of another person’s work, and/or the inappropriate unacknowledged use of another person’s ideas;

2.4              falsification, fabrication, or dishonesty in reporting research results;

2.5              serving as, or enlisting the assistance of a “ringer” or substitute for a student in the taking of examinations;

2.6              alteration of grades or marks by the students in an effort to change the earned grade of credit;

2.7              alteration of University forms used to drop and add courses to a program, or unauthorized use of those forms (3335-31-02);

2.8              “alteration of  College forms, including patient records in any form”;

2.9              providing patient treatment without direct faculty supervision;

2.10          failure to follow clinic protocol for patient care

2.11          violations of the Code of Honor and Professional Conduct;

2.12          disrupting other students during examinations; and

2.13          forgery of any type

 

3.0              Students have the obligation to report suspected misconduct or irregular or lax examination methods.  The Committee may impose any Code sanctions (3335-31-02).

 

4.0              College Sanctions

 

4.1              General (3335-29-01)*

Sanctions to be imposed upon students by the College are varied and may be imposed for violation of policies, rules, and regulations.  When the sanctions are imposed, consideration will be given to individual mitigating circumstances as well as aggravating factors, such as past misconduct by the student or failure of the student to fully comply with previous sanction conditions.  Sanctions take effect immediately upon date of first notice, whether oral or written, unless otherwise specified within such notice.

4.2              Warning Admonition (335-29-02)

A warning letter of admonition to a student represents a formal written statement for a specific conduct violation.  Upon issuance of a formal letter of admonition, a discipline file is created in the Office of the Dean.  The file will be consulted in determining sanctions for any further proven Code violations at a future date.

4.3              Disciplinary Probation (335-29-03)*

Probation is a sanction that is given for a specified period of time.  A discipline record is created in the Office of the Dean.  Misconduct during the probationary period may cause more serious disciplinary action to be taken.  Conditions restricting the student’s privileges or eligibility for activities may be imposed.  Such privileges and eligibility are automatically restored upon completion of the probation period if the student has complied satisfactorily with all conditions and refrained from further Code violations.

4.4              Suspension and Dismissal (3335-29-04)*

4.4.1    Suspension

Suspension is a sanction by which the student is involuntarily separated from the College for period not to exceed three (3) full academic quarters following the effective date specified in the sanction letter.  Eligibility for reinstatement is restored upon expiration of suspension.

4.4.2        Dismissal

Dismissal is a sanction by which the student is involuntarily separated from the College for four (4) full quarters or more following the effective date specified in the sanction letter.  The dismissed students must apply for reinstatement.  Reinstatement of the student at the College after dismissal is not guaranteed.

4.4.3        Conditions of Suspension and Dismissal

4.4.3.1  A student who has been dismissed or suspended from the College

4.4.3.1.1  shall be denied all privileges accorded a student of the College of Dentistry; and

4.4.3.1.2  shall be required to leave the College of Dentistry at a time determined by the Committee.  However, the dismissed or suspended student has the right of appeal to remove or to reduce the terms of this condition.  The appeal procedures will be specified in every sanction letter.

4.4.3.2  Upon reinstatement, a student may be required to meet certain other conditions imposed by the Executive Committee of the College, such as ineligibility to participate in specified student activities; or ineligibility to participate in intercollegiate events; or periodic contact with a designated University staff member or counseling agency, to the extent that such conditions pertain to the original offense.

 

4.5.1        Interim Suspension (3335-29-05)*

When the Vice President for Academic Affairs and Provost is given reasonable cause to believe that a student has violated College or University rules, and there is reasonable cause to believe that student’s presence on campus constitutes a clear danger to the University community or creates a substantial risk or injury to any person on University premises, the student may be immediately suspended from the University premises.  This temporary suspension is imposed pending the initiation of a full hearing without undue delay on the merits of the case, in accordance with the rules of The Ohio State University.  The student may request, in writing, an appeal of the interim suspension to the Vice President for Academic Affairs and Provost, within three (3) working days of imposition of the suspension.  An appeal hearing will be conducted without undue delay by the Vice President for Academic Affairs and Provost, or the Vice President’s designee.

 

Whenever any person in the College becomes aware of a potentially dangerous situation with a student, he must advise the Dean.  When the Dean is given reasonable cause to believe that a student has violated the College rules and there is reasonable cause to believe that the student poses a danger and/or substantial risk of harm or injury to the College Community, he shall take appropriate action which may include, but not be limited to, contacting the police or contacting the Office of Counseling and Consultation Services for review of the situation and advice on a course of action.

4.6      Restitution (3335-29-06)*

Restitution is a sanction that requires the student to make reimbursement for damages to, destruction or misappropriation of, University property or services, or the property of any person.  This sanction may be ordered in lieu of or in connection with another sanction.

 

4.7      Other Sanctions (3335-29-07)*

Other sanctions that the Committee considers appropriate to the student and the conduct violation in question may be imposed.  For example, research assignments, community service projects, special workshop participation, and/or referral to medical resources or counseling personnel may be assigned as authorized sanctions or as conditions to another sanction.  In cases of misconduct, a lowered or failing grade may be authorized for the academic course work.  Failure to meet requirements of any sanction in the time allotted, or a repetition of misconduct, may result in an extension of the period of sanction or imposition of a more severe sanction.

 

5.0              Notices of Proceedings (335-27-03)*

If a hearing is to be held, written notification will be delivered to the last known address of the student, either by certified mail, first class mail, or by hand-delivery, no fewer than seven (7) calendar days prior to the hearing.  The notification will include the charge and the date, time, and location of the hearing, the hearing panel, a statement of the accused’s rights, and information on the hearing procedures.  The accused student may waive the notice period, request a postponement for reasonable cause, or request a hearing separate from other accused persons.  Request for a postponement or separate hearing must be received by the Chairperson of the Committee at least one (1) day before the scheduled hearing.

 

6.0              Hearing Procedures (3335-27-04)*

Students have a right to fair hearings.  Although the procedural requirements are not as formal as those existing in the civil courts of law, to ensure fairness the following procedures apply and will be included within hearing notices:

6.1              Hearings are restricted to those directly involved or those requested by the accused or by the Committee to attend.  The Committee may take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.

6.2              The accused student may have an adviser present.  The adviser may only counsel the student and not actively participate in the hearing, unless clarification is needed as determined by the Committee.

6.3              The accused may submit a written statement, may invite witnesses to attend on the accused’s behalf, may ask questions of witnesses called by others, and will be notified of witnesses to be called.  The Committee may present witnesses as well as question those presented by the accused.

6.4              Written statements signed by a witness(es), accepted and verified as being by that witness(es) by the Chairperson of the Committee, may be used if, for good reason, the witness(es) cannot attend the meeting.

6.5              Committee hearings, unlike proceedings of courts of law, do not require conclusive proof, instead, the preponderance of the evidence is sufficient for the Committee to decide if a violation of the Code has occurred and to impose a sanction.

 

7.0              Attendance (3335-27-05)*

 

Because the most accurate and fair review of the facts can best be accomplished when all parties are present, the accused is expected to attend.  If an individual does not choose to attend a hearing, the charges will be reviewed as scheduled on the basis of information available and a decision will be made.  No decision shall be based solely on the failure of the accused student to attend the hearing or answer the charge.

 

8.0              Record and Nature of the Proceedings (3335-27-06)*

 

A record consisting of written notes, tapes, or other method selected by the Committee will be made of all hearings.  This record will be available to the accused, during the appeal period, and can be copied at the accused’s expense, but will remain property of the College.  A written notice of the decision and information regarding appeal procedures will be sent to the accused student as soon as possible after a decision is made to the last known address of the student either by certified mail, first class mail, or by hand delivery.  In general, materials relating to a disciplinary action are confidential, and may be made available by the Chairperson of the Committee only to those who have a demonstrated need to know, such as the Dean of the College and the Dean of Academic Affairs.

 

9.0              Confidentiality and Release of Records

 

The Federal and State governments have both adopted legal requirements designed to protect the privacy of student educational records maintained by various University offices and to provide for the student’s right to access the educational record.  Generally, any information from the records may not be released to individuals outside the University community by the custodian of the records without permission of the individual whose record it is, and individuals have the right to see their own educational records (3335-25-03).

 

10.0          Appeal (3335-27-07)*

 

A student found guilty of misconduct has the right to appeal the original decision.  Appeals must be filed with the Dean of the College of Dentistry, within ten (10) calendar days from the date of the sanction decision letter.  The following guidelines apply:

 

10.1          The grounds for appeal are procedural error, misapplication or misinterpretation of the rule alleged to be violated, findings of facts not supported by a preponderance of the evidence to support the charge(s), discovery of substantial new facts that were unavailable at the time of hearing, or that the disciplinary sanction imposed is grossly disproportionate to the violation committed.

10.2          Barring introduction of substantial new facts, an appeal is limited to a review of the proceedings of the previous hearing.

10.3          An appeal based on grounds of procedural error, misapplication or misinterpretation of the rule alleged to be violated, or discovery of facts not supported by a preponderance of the evidence cannot result in a more severe sanction being imposed.

10.4          A student is allowed active representation by an adviser when making an appeal of proceedings which resulted in suspension or dismissal.

 

10.5          Possible dispositions by the Dean of the College on appeal*

 

(1)               The Dean shall dismiss the appeal if the appeal is not based upon one or more of the grounds set forth in section 10.1 above.

 

(2)               The Dean may choose to decide the appeal based upon a review of the record.

 

(3)               The Dean may request additional written information or an oral presentation and then decide the appeal based upon the enhanced record.

 

(4)               The Dean may refer the case to a new committee or panel to be reheard.  If possible, a new committee or panel should be different from the one that originally decided the case.

 

(5)               A decision by the Dean that there are substantial new facts that were unavailable at the time of the original hearing shall result in a new hearing as provided in 10.5 subsection (4) above.

 

10.6          Sanctions

 

The Dean may, after review of the record, uphold the original sanction, dismiss the original sanction, or impose a lesser sanction.  A new committee or panel hearing for a remanded case cannot impose a more severe sanction than that originally imposed.

 

            10.7     The Dean is the final level of appeal.

 

11.0          Membership, Quorum, and Hearing Composition

 

11.1          The members of the Committee include at least four (4) full-time faculty members recommended by Faculty Council and appointed by the Dean, one of which will be designated as chairperson, and four full-time students who are Vice-President of their respective class.

 

11.2          At least five (5) members of the Committee shall constitute a hearing panel and a quorum sufficient to conduct a hearing and render a judgment in a case.  The hearing panel shall include at least three (3) faculty members and two (2) student members.

 

11.3          The accused student and an adviser for the student (see 6.2) are entitled to be present at the hearing.  In addition, the following individuals may be present during all or part of the hearing: those whose presence has been requested by the chairperson, witnesses, the person(s) who filed the report of alleged misconduct and/or a departmental representative.

11.3.1    The Committee may call for, at its sole discretion, the separation of any witnesses for the hearing or ask any or all witnesses to leave the hearing at any time during the proceeding.

 

12.0          Minor Deviations From Procedures (3335-27-08)*

 

A student and the Professionalism Committee may agree in advance to minor deviations from procedure; such deviations are not then subject to appeal.  Other minor deviations are acceptable as long as such deviations are not found upon appeal, as provided for in 10.0, to be unreasonably harmful to the student.  Any agreement as to minor deviation shall be acknowledged and consented to by a representative of the Professionalism Committee and the student in writing.

 

13.0          Gender Neutral – in construing this document, feminine or neuter pronouns shall be substituted for those masculine in form and vise versa, and the present term shall be substituted for the singular and singular for plural wherever the text so requires.


 

* Associated Rules of the College of Dentistry, derived from University Rules.

Student Reference Manual Table of Contents