(Ignored By The University Of North Dakota & The United States District Court)
The 14th Amendment to the United States Constitution-Citizenship rights not to be abridged.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Accreditation And The Liaison Committee On Medical Education-Standards for Accreditation Of Medical Education Programs Leading To The M.D. Degree
Evaluation of Student Achievement; Due Process-The medical school must publicize to all faculty members and students its standards and procedures for the evaluation, advancement and graduation of its students and for disciplinary action. There should be a fair and relatively formal process for the faculty or administration to follow when taking any action that adversely affects the status of a student. The process should include timely notice of the impending action, disclosure of the evidence on which the action would be based, and an opportunity for the student to respond. A students records must be available for review by the student, and the student must have the right and be given the opportunity to challenge the accuracy of the record. Student records must be confidential and should be made available only to members of the faculty and administration with a need to know, unless released by the student, or as otherwise governed by the laws concerning confidentiality.
Personal Counseling; Student Health Services-A school must have an effective system of personal counseling for students. Confidential counseling by mental health professionals must be available to students.
Code of Student Life-The Regulations Of The University Of North Dakota
The Code of Student Life is adopted in compliance with a policy statement prepared by the North Dakota State Board of Higher Education in December, 1968, and with House Bill 99 (adopted March 13, 1969) by the Legislative Assembly of the State of North Dakota.
The University of North Dakota Code of Student Life outlines the rights and responsibilities enjoyed by the students, faculty, and staff who make up our University community. The purpose of the information contained in the Code is to promote and maintain a learning environment appropriate for an institution of higher education and to serve as a basic guide to help prevent abuse of the rights of others. Members of the University community are expected to be familiar with the rules and regulations contained within the Code and to act in compliance with them at all times.
Section 1: General University Policies
Equal Opportunity/affirmative Action Policy Statement-The University of North Dakota actively supports an affirmative action program in order to provide equal employment and educational opportunity in all areas: academic, supportive, and construction.
Educational Programs and Activities-It is the policy of the University of North Dakota that no person shall be discriminated against because if race, religion, age, creed, color, sex, disability, sexual orientation, national origin, marital status; veteran's status or political belief or affiliation, and that equal opportunity and access to facilities shall be available to all. This policy is particularly applicable in the admission of students in all colleges and in their academic pursuits. Examples of concerns might include harassment, compensation, and any other perceived violations of the above policy.
Prohibition Against Sexual Harassment-Consistent with federal statutes prohibiting sex discrimination in educational programs, the University of North Dakota prohibits sexual harassment of students, faculty, and staff. The primary goals of this policy are to prevent sexual harassment and to stop the objectionable behavior whenever it occurs. All University students, faculty, and staff are expected to comply with this policy. The University will take preventive and corrective action to maintain a working and learning environment free from sexual harassment. Individuals who sexually harass students, faculty and staff will be subject to appropriate disciplinary action, and University officials will respond to sexual harassment complaint brought to their attention. Retaliation against the person who initiates an inquiry or complaint is prohibited, and any such action will be further cause for disciplinary action. For the purpose of implementation of this policy, sexual harassment is defined as any attempt to coerce a person into a sexual relationship or to subject a person to unwanted sexual attention or to punish a refusal to comply with sexual demands. Sexual harassment may consist of requests or demands for sexual favors, unwelcome physical advances, or conduct (verbal or physical) of a sexual nature that is intimidating, demeaning, hostile, or offensive or that creates an atmosphere that is perceived to be intimidating, demeaning, hostile or offensive. Often sexual harassment involves an authority relationship in which the person who is subjected to the harassment is vulnerable with respect to employment or academic status. Sexual harassment may also occur when the kinds of behaviors previously mentioned interfere with the individual's work experience or the student's educational experience or student is denied full and equal participation and opportunities.
Hazing or Harassment-Hazing or harassment is defined as any action taken or situation created intentionally to produce psychological or physical discomfort, embarrassment, or ridicule. It is assumed that all University of North Dakota students, student groups, faculty, and staff are interested in intellectual and social development of individual members; therefore, in activities no action will be taken which stands to endanger the health of the individual, or demand of him or her undignified conduct, or in any way jeopardize his or her scholastic standing or general well-being.
Section 2: Conduct Regulations and Procedures
Introduction-Members of the University of North Dakota community operate from a basis of fairness one to another. Individuals will discuss their questions and concerns at the lowest level possible for effective resolution of the situation.
(Regulations apply to students, faculty and staff. The following conduct is prohibited.)
Disciplinary Philosophy-In all conduct proceedings it is recognized that the University of North Dakota is an educational institution and not a court of law. Therefore, the concept of fair play will take precedence in all settings and the philosophy of discipline shall be one of an educational approach. In all conferences regarding a students behavior, students must be treated fairly. To assure this, students have the following minimum rights: 1) to be notified of the charges; 2) to be heard; 3) to know the identity of those who made a complaint; 4) to be notified of any sanctions or actions in writing; and 5) to be notified of the appeals process.
Basic Appeal Procedures-Students have the right to appeal a disciplinary or academic sanction/action.
Sanctions-The appropriate disciplinary authority may impose the following sanctions: Restitution of loss incurred by an individual, organization or the University as a result of a disciplinary violation.
Section 3: Academic Concerns
Introduction-The Universitys commitments to academic quality and integrity, as well as to academic freedom, rest upon honesty and fairness in all aspects of scholarly endeavor. Faculty must test, grade, and review student work in a manner that is fair and reasonable, and students must maintain scholastic honesty beyond reproach. Disputes that arise about fairness and honesty are best resolved through open and sincere communication among all parties--students, faculty, committees, and administrators.
Definition-The term "academic grievance" is defined as: A statement expressing a complaint, resentment, or accusation lodged by a student about an academic circumstance (such as grading, testing, quality of instruction) which is thought by the student to be unfair.
The Grievance Process
1. Each undergraduate, graduate, and professional school or college shall have written procedures for academic grievances. These procedures are to begin with discussion between the grieving student and the faculty member, committee, or administrator with whom the student has a grievance. If the grievance is not resolved at this stage, then the student may advance the grievance through the procedures of the college or school in which the grievance originated.
2. Grievances not resolved at the level of the academic unit may be brought by any of the parties to the Student Academic Standards Committee. Grievances must be presented in writing to the chair of the committee. This written statement should describe the grievance, indicate how it affects the individual, and include the remedy sought from the committee. It will be the committee's charge to review the academic grievance, consult with all parties significantly involved in the grievance, document its findings, and make a final decision within a reasonable length of time (not to exceed 20 school days) after the grievance has been filed. A copy of the decision will be sent to the originator of the grievance, the dean of the unit involved, and those against whom the grievance originated. This committee has the authority to resolve the grievance by such actions as upholding an earlier decision, requiring a re-examination or re-review, and, in extreme cases, changing a grade. The committee, however, has no authority to take or recommend disciplinary action in these cases either with faculty, administrators, or students. The decision of this committee is the final step in the University Academic Grievance process.
Scholastic Dishonesty includes, but is not limited to, cheating on a test, plagiarism and collusion.
A. Cheating on a test includes, but is not restricted to:
1. Copying from another student's test.
2. Possessing or using material during a test not authorized by the person giving the test.
3. Collaborating with or seeking aid from another student during a test without permission from the instructor.
4. Knowingly using, buying, selling, stealing, transporting, or soliciting in whole or in part the contents of an unadministered test.
5. Substituting for another student or permitting another student to substitute for oneself to take a test.
6. Bribing another person to obtain an unadministered test or information about an unadministered test.
B. Plagiarism means the appropriation, buying, receiving as a gift, or obtaining by any means another person's work and the unacknowledged submission or incorporation of it in one's own work.
C. Collusion means the unauthorized collaboration with another person in preparing any academic work offered for credit.
Section 4: Student Organizations
Responsibilities of Student Organizations
An established student organization at UND is required:
Disciplinary Actions-Any academic or administrative official, faculty, staff member, student or group may file a verbal or written complaint with the Dean of Students Office against any established student organization or student group.
Section 5: Use of University Facilities
The Use of University Facilities-The University permits the orderly use of its facilities by student organizations, University-related groups, and, in some instances, non-University-related organizations to further the educational process.
"Facility" is defined as any University classroom, auditorium, residence hall, other building or outdoor area. University-related activities shall be given precedence over the use of facilities by outside groups.
Regulations Regarding Signs, Posters, Handbills and Other Promotional Material-All posters, notices, brochures, pamphlets, and other literature must be placed on bulletin boards or brochure racks designated for that purpose which are located throughout the campus. All bulletin boards and brochure racks are under the jurisdiction of the college, school, department or administrative office that maintains them.
No posters or other publicly displayed or distributed materials should contain obscene,vulgar, or libelous material, nor should any material be distributed which contains material in violation of the Code of Student Life or any federal, state or local law or which makes an unauthorized solicitation.
Distribution of literature must not obstruct traffic, harass or interfere with passersby, block entrances, disturb others by, excessive noise, litter premises, damage facilities or disturb or interfere with academic or institutional activities.
Political Activities-Only a recognized University organization may sponsor activities on University property in behalf of a specific candidate for local, state, or national political office. An organization may not co-sponsor these activities with a person or group of persons who are not students, faculty or University staff members.
Solicitation Policy-Solicitation shall be defined to include the sale or offer for sale of any property or service and/or receipt of or request for any gift or contribution.
No solicitation shall be conducted in any building or structure on the campus of the University of North Dakota except by the agents or employees of the University acting in the course and scope of their agency or employment or by established student organizations, in accordance with this section and University policy.
Solicitation must be conducted in a way:
Section 6: Student Health Services and University Health Policies
Responsibilities of the Student
The Director of Student Health Service-The Director reports to the Vice President for Student Affairs and is responsible for the total health activities for students on the campus, as well as for the general policies and overall operating procedures of the Student Health Service.
Policy Regarding Student Emotional or Physical Problems
The University of North Dakota is committed to providing services which create an optimal educational opportunity for all of its students. However, when a student's emotional or physical condition results in behavior which poses:
1. threat of danger and/or injury to self or others, or
2. a threat of disruption of the educational process for others, or
3. a threat of destruction of the property of the University or others, prompt action will be taken by the University in a manner set forth by this policy.
Any person who believes a student poses a threat as set forth by the above, shall contact the Dean of Students. The Dean shall notify the Vice President for Student Affairs and shall conduct such investigations as he/she deems appropriate to determine if a Behavior Evaluation Committee should be convened. If the Dean believes the facts so warrant, he/she shall convene a Behavior Evaluation Committee to be comprised of as many of the following persons as are available to serve: the Dean of Students (chair), a member of the Counseling Center professional staff, a member of the Student Health Service professional staff, Dean or representative of the student's academic college, a representative from the Housing Office (in cases involving a residence hall student), and any other persons whom the Dean of Students believes can provide significant input regarding the student.
Each committee may follow such procedures it deems appropriate under the circumstances, including the need to employ summary procedures to protect the student, other persons, the educational process and/or property. To the extent that the conditions of the situation permit, reasonable efforts will be used to provide notice to a student of any hearing, its purpose, and his/her opportunity to participate in such hearing (with any advisor or other professional assistance selected by the student).
At the conclusion of its proceedings, the Behavior Evaluation Committee shall determine whether the student poses such a threat as set forth. At the conclusion of the proceedings, the Committee may:
1. find that no action is necessary;
2. require further evaluation of the student through appropriate experts including, but not limited to, the director of the Counseling Center and/or the director of the UND Student Health Service. In such a case, the Committee may postpone a final decision until after further evaluation results are received;
3. refer the matter to appropriate civil or criminal authorities for action;
4. establish conditions under which the student may continue at the University and/or within the residence halls and procedures for enforcement of those conditions;
5. recommend voluntary withdrawal of the student from the University and/or residence hall, and/or
6. recommend involuntary removal of the student from the University and/or residence hall.
In the event (the Dean of Students, the Vice President for Student Affairs and/or a committee have acted without having afforded the student an opportunity for a full hearing, the Dean of Students shall afford to the student, as promptly as possible, an opportunity for a full committee hearing after which the Committee may affirm, modify or reverse any prior decision. Until such hearing is held, prior decisions shall remain in effect.
Section 8: Student Records
Introduction-As Custodian of student records in compliance with the Family Educational Rights and Privacy Act of 1974, the University assumes the trust and obligation to ensure the full protection of student records which includes maintaining the confidentiality of educational records. The administrative procedures outlined in this section are to be complied with by University personnel who have or accumulate educational records which are in a personally identifiable form.
Educational Records-Educational records are those records, files, documents, and other materials which contain information directly related to a student's academic progress, financial status, medical condition, etc., and are maintained by the University of North Dakota or a party acting on behalf of the University. Educational records include more than academic records. Educational records, may not be released without the written consent of the student to any individual, agency, or organization.
Upon written request, the University shall provide student access to a students own educational records. with the exception of:
Students should be free to examine the content of the record and upon request receive a copy.
The student may have to pay the reproduction cost in order to secure a copy of the record.
When a student has challenged specific data or information and has requested deletion or modification of the record:
For records to be released there must be a written consent form completed by. the student, specifying the records to be released. The student is entitled to a copy of these released records.
Student record information can be transferred to a third party only on the condition that they will not in turn release the record to another party without the written consent of the student.
Medical and Counseling Services
Medical Records--Privileged Information
A student who wishes to release medical information, x-rays, or other medical documents to a recognized member of the health profession must request, in writing, that Student Health forward a copy or summary of the student's records to the appropriate party.
On the request of the Dean of a student's college or school, and with the written authorization of the student, Student Health shall provide information pertaining to a student's physical or mental condition that might affect his/her status as a student.
In situations where a student's life is in danger or in which his/her condition results in a danger to others, the facts pertaining to this danger may be communicated to the student's nearest responsible relative, without the student's consent, if judged necessary by the Director of Student Health Services.
Information in a student's Health Service record may be released by the President of the University or by the Director of Student Health Services in response to a health or safety emergency.
Except as otherwise provided for in this section, information pertaining to a students physical or mental condition may not be released to any party without the written, signed consent of the student.
Guidelines for Student Performance and Due Process-Medical School Policy
Introduction and Statement of Responsibilities
(Note: All individuals must abide by the rules and regulations of the University of North Dakota and the School of Medicine).
Each student has the right to due process in matters related to his/her progress through the medical curriculum and with respect to grievances of an academic nature.
Standards of Academic Conduct
In addition to the definition of academic dishonesty specified in University regulations, the medical school also considers the following as academic dishonesty: Restricting the use of material used in study in a manner prejudicial to the interest of other students.
Medical students are members of the medical community. The Principles of Medical Ethics adopted by the American Medical Association (1980) will serve as the basis for student conduct. The following principles adopted by the American Medical Association are not laws, but standards of conduct which define the essentials of honorable behavior for the student-physician.
A student-physician shall deal honestly with patients and colleagues, and strive to expose those students/physicians deficient in character or competence, or who engage in fraud or deception.
A student-physician shall respect the rights of patients, of colleagues and of other health professionals, and shall safeguard patient confidences within the constraints of the law.
Medical students shall have the continuing responsibility to comply with federal and state laws; the rules and regulations of the University of North Dakota, the School of Medicine and its individual departments, affiliated hospitals and other medical institutions, and other applicable guidelines.
Committee Structure---Student Performance and Recognition Committee
The Student Performance and Recognition Committee (SPRC) is a standing committee in the School of Medicine. (Committee composition-3 members from full-time basic science faculty; 4 members from full time clinical faculty; 1 member from each class of the student body. Advisory members-The associate deans for student affairs, basic sciences and research, and clinical affairs.)
The responsibilities of the SPRC are to monitor at least biannually individual student progress, help identify problem areas, recommend and/or approve changes in a students programs, determine whether the established standards of academic conduct have been met, and recommend promotion and graduation.
Problems may be identified and reported to the SPRC through written evaluations by any member of the School of Medicine community. The SPRC has jurisdiction to consider all matters of academic conduct include academic performance, professional behavior and academic honesty. SPRC decisions may include but are not limited to: Promotion, graduation, remediation, a modified curricular schedule for a specific student, counseling, Leave of absence, academic probation, suspension, dismissal.
Matters of Academic Performance
The SPRC chairperson shall notify the student by letter of the details of the dismissal hearing at least ten calendar days prior to the scheduled SPRC meeting. The chairperson shall send the letter by certified mail return receipt requested, to the student at his/her address appearing in the registrars records or the chairperson may have the letter delivered personally to the student by a representative of the Associate Dean for Basic Science and Research.
A letter mailed or served personally on the student shall;
1. document the reason for dismissal
2. advise the students of his/her rights to:
- know the identity of each person who will provide information in the case.
- to summon individuals to provide supporting information, require production of documentary and other evidence, offer evidence and argue on his/her own behalf.
- to question each person who will provide information in the case for the purpose of clarification.
- to have a copy of the secretarys record of the hearing.
- to appeal.
Hearing Procedure-The Associate Dean for Basic Science and Research represents the interests of the School of Medicine before the SPRC and presents the facts of the case.
The Hearing Record Consists Of:
The SPRC chairperson submits in writing the decision of the Committee to the principle parties within 10 calendar days of the meeting. The decision details the reasons for dismissal or other appropriate actions.
After completion of all SPRC actions, all documents and records of the case shall be forwarded to the School of Medicine Office of Student Affairs for storage as part of the students permanent record.
Appeal-The student may appeal the Committees decision directly to the Dean of the Medical School. Deans decision to approve, reject or modify, must be within 10 days.
Matters of Academic Honesty
A. The following process has been developed for dealing with those students who may have demonstrated academic dishonesty or who, by their behavior , have created a question as to whether they should continue in the study of medicine.
B. Charges of unprofessional behavior and academic dishonesty shall be submitted in signed, written form to one of the campus Deans or the Associate Dean of Student Affairs who in turn will forward them to the SPRC. Any member of the School of Medicine community may file such a written charge. The written charge must describe the specific conduct or circumstances in detail which allow review by the appropriate persons/ or committees, and which informs the student of the nature of the offenses or conduct which must be explained.
C. Filling a written charge of unprofessional behavior or academic dishonesty requires the development of a confidential file located in the Office of Student Affairs. Unless the charges are found to be clearly groundless by any of the individuals or groups authorized to make an investigation, this file will be maintained as part of the students permanent record.
D. After a written charge of unprofessional behavior or academic dishonesty has been filed, the following process will be followed:
1. The SPRC chairperson shall appoint a committee consisting of two students and one faculty member. The members will be selected from a pool of faculty and students appointed annually by the Dean of the School of Medicine.
2. The committee will meet with the involved student and the individual(s) filing the charge as soon as possible. The student will be given the opportunity to explain or rebut any of the evidence or information concerning conduct or circumstances contained in the written charge.
3. After reviewing all pertinent information the committee shall make one of the following recommendations to the SPRC :
a. drop the matter due to insufficient evidence.
b. refer the matter to the full SPRC for investigation and hearing.
The SPRC will review the committees recommendation and supporting information and, if a hearing is requested, initiate the procedure outlined below. All actions shall be explained and recorded in the students confidential file.
After completion of all SPRC actions, all documents and records of the case shall be forwarded to the School of Medicine Office of Student Affairs for storage as part of the students permanent record.
Appeal-The student may appeal the Committees decision directly to the Dean of the Medical School. The Deans decision to approve, reject or modify, must be within 10 days.
Academic Grievance-Any student with an academic grievance should discuss that grievance with the faculty person involved and request relief from that person.
If the grievance is not resolved at the faculty level, the student should discuss it with the appropriate department chairperson and request relief.
If the grievance is not resolved at the departmental level, the student should discuss it with the Associate Dean for Basic Science and Research and request relief.
If the grievance is not resolved by the Associate Dean, the student may request a review of the grievance by the SPRC. The SPRC will consult with all parties significantly involved in the grievance, document its findings and make a decision. Copies of the decision will be forwarded to all principle parties.
Student Grading Policy -75% or higher, except focal problems, which is graded on s/u basis only.
American Medical Association-Council on Ethical and Judicial Affairs *
CONFIDENTIALITY. The information disclosed to a physician during the course of the relationship between physician and patient is confidential to the greatest possible degree. The patient should feel free to make a full disclosure of information to the physician in order that the physician may most effectively provide needed services. The patient should be able to make this disclosure with the knowledge that the physician will respect the confidential nature of the communication. The physician should not reveal confidential communications or information without the express consent of the patient, unless required to do so by law.
The obligation to safeguard patient confidences is subject to certain exceptions which are ethically and legally justified because of overriding social considerations. Where a patient threatens to inflict serious bodily harm to another person and there is a reasonable probability that the patient may carry out the threat, the physician should take reasonable precautions for the protection of the intended victim, including notification of law enforcement authorities. Also, communicable diseases, gun shot and knife wounds, should be reported as required by applicable statutes or ordinances.
RECORDS OF PHYSICIANS AVAILABILITY OF INFORMATION TO OTHER PHYSICIANS. The interest of the patient is paramount in the practice of medicine, and everything that can reasonably and lawfully be done to serve that interest must be done by all physicians who have served or are serving the patient. A physician who formerly treated a patient should not refuse for any reason to make his records of that patient promptly available on request to another physician presently treating the patient. Proper authorization for the use of records must be granted by the patient.
RECORDS OF PHYSICIANS: INFORMATION AND PATIENTS. Notes made in treating a patient are primarily for the physician's own use and constitute his personal property. However, on request of the patient a physician should provide a copy or a summary of the record to the patient or to another physician, an attorney, or other person designated by the patient. The record is a confidential document involving the physician patient relationship and should not be communicated to a third party without the patient's prior written consent, unless required by law or to protect the welfare of the individual or the community.
CIVIL RIGHTS AND PROFESSIONAL RESPONSIBILITY. The American Medical Association is in favor of equality of opportunity in medical society activities. Medical education and training, employment, and all other aspects of medical professional endeavors regardless of race, color, religion, creed, ethnic affiliation, national origin, sex, age or handicap. The American Medical Association is unalterably opposed to the denial of membership privileges and responsibilities in county medical societies and state medical associations to any duly licensed physician because of race, color, religion, creed, ethnic affiliation, national origin, sex, age or handicap.
DUE PROCESS. The basic principles of a fair and objective hearing should always be accorded to the physician whose professional conduct is being reviewed. The fundamental aspects of a fair hearing are: a listing of specific charges, adequate notice of the right to a hearing, the opportunity to be present and to rebut the evidence, and the opportunity to present a defense. These principles apply when the hearing body is a medical society tribunal or a hospital committee composed of physicians. These principles of fair play apply in all disciplinary hearings and in any other type of hearing in which the physician may be deprived of valuable property rights.
* NOTE: University of North Dakota School of Medicine statement: Medical students are members of the medical community. The Principles of Medical Ethics adopted by the American Medical Association (1980) will serve as the basis for conduct.