Reporting and Investigating Misconduct
Any individual may report alleged academic or personal/professional non-academic misconduct of Physician Assistant student(s). This report should be made to either a Physician Assistant Program faculty, staff or administrator. The faculty, staff, or administrator notified of the allegation(s) will then forward the Student Intervention form and any dated notes to describe the situation to the DED, CED, or designee, as soon as possible but not later than five (5) business days after the misconduct occurs. Whenever possible, the person to whom the report is made will inform the student of the alleged misconduct and that the matter will be forwarded to the DED or CED to be considered for further action. The DED or CED will place the form in the students file. Every effort should be made to maintain confidentiality in these discussions.
An investigation or appropriate action will be completed by the DED or CED, or designee, and if necessary, a preliminary hearing by the PPC will be scheduled within ten (10) business days of receiving the intervention form from the reporting faculty, staff, or administrator. Whenever possible, the documentation of the alleged misconduct should include a personal interview with the accused student(s), witness(es) and professor(s) involved. If investigation is not possible within ten (10) business days because the accused student, witnesses, and/or principal faculty involved are not available (out of town, ill, etc.) such delay will be documented in a letter that is sent to the student, and the investigation time will be extended accordingly. After an investigation of the allegation(s), the following options are available for resolution of the initial complaint:
1. If it is determined that there is insufficient evidence to support the allegation(s), no disciplinary action will be taken. A copy letter noting the outcome will be sent, via email, to the student and placed in the student’s file.
2. If there is enough evidence to further pursue the allegations, the case will be referred to the PPC and a preliminary hearing will be held. At the preliminary hearing the PPC may take the following steps:
I. Dismiss the case,
II. Request additional investigation, and/or
III. Refer the case for a full hearing after finding sufficient evidence to support the allegation(s). The Committee shall vote on whether the preliminary findings warrant a full hearing by a simple majority vote.
Full Hearing
The full hearing should be held within ten (10) business days after the preliminary hearing. Once a case has been referred for a full hearing, the DED or CED will send an e-mail notifying the student and witnesses of the hearing date, time, and location at least five (5) business days prior to the hearing. The DED or CED will also send the student, via e-mail, a letter specifying the allegations that will be considered by the committee. This letter should also inform the student of his/her rights to solicit advice and to offer witnesses to support his/her position. The student is requested to sign a copy acknowledging receipt and understanding of the letter and return it to the Program Administrative Specialist (didactic students) or Program Management Specialist (clinical students). The copy of the letter will be shared with the faculty advisor and placed in the student’s file.
During the full hearing the accused student(s) shall meet with the Committee and be informed of the allegations and afforded an opportunity to defend him/herself. The accused student does have the right to solicit advice and to offer witnesses to support his/her position. If the accused student fails to appear before the committee, the student waives the rights for an appeal. All sessions of the Committee will be closed to all individuals except those immediately concerned in the case. No attorney shall be present, as this is not a court of law. All persons present at the proceedings shall be bound to disclose no more than the Committee does in its official report on the case. Revelation of such details will be considered a violation of the right to privacy of the students involved. Only one witness at a time shall be allowed in the room for testimonies. All testimony given in the full hearing is recorded via written notes and/or voice recording devices.
Rights of the Accused
1. The accused (charged) with a violation shall have the right to meet with the Committee, be informed of the allegations, and afforded an opportunity to defend him/herself. If the accused student fails to appear before the committee, the student waives the right to an appeal.
2. The accused shall be provided, prior to the hearing, with the names of witnesses whom the DED or CED has asked to appear at the hearing. In preparation for the hearing, the student may notify and consult his academic advisor/mentor and the Office of Student Affairs. The accused will be made aware that any intent of witness intimidation, retaliation or harassment will be treated as a violation of student conduct and will be subjected to further investigation.
3. The accused shall be afforded an opportunity to question witnesses in accordance with the rules.
4. The accused shall have the right to review all materials prior to the hearing.
5. The accused shall be afforded an opportunity to present evidence in accordance with the rules. The accused student does have the right to solicit advice and to offer witnesses to support his/her position.
6. The accused student will be informed that influencing or trying to influence the hearing by providing false evidence, falsifying evidence, counseling or inducing witnesses to testify falsely, or offering improper inducements to testify is absolutely prohibited and failure of the accused to comply will be treated as a separate conduct violation subjected to further investigation.
7. The accused may remain silent or testify during the formal hearing (silence will not be used against the accused in any way).
8. The accused shall have the right to appeal any recommended sanctions under the provisions for filing appeals. However, students who admit to being guilty of the accusation(s) or waive their right to a hearing, forfeit their right to appeal the decision/sanction or outcome of their hearing.
The Committee may allow introduction of evidence other than testimony of witnesses provided that the evidence is relevant to the question before the Committee on any matter. The Committee may consider any evidence, including hearsay evidence that it determines is probative, relevant, or material to the case. The Committee shall set rules for the conduct of all cases and all arrangements connected with the taking of evidence.
Decision by the Committee will be based solely on a preponderance of the evidence presented during the hearing. Time frames for instigation of hearings and proceedings may be altered if circumstances warrant.
Deliberation
Deliberation of the Committee shall take place in private and remain confidential. Voting on decisions of guilt shall be by a simple majority vote. If the Committee determines that the student was in violation of the professionalism policies, it will consider and recommend an appropriate action (a partial list of sanctions is described below). Unprofessional citations can be resolved through the PPC. The Committee will reach a decision and make a recommendation to the Program Director for professional probation and major professionalism concerns will be forwarded to the Program Director.
Notification of Decision
The Program Director may uphold, reject or modify any penalty recommended by the Committee. The student should be notified of the PPC’s or Program Directors decision within five (5) business days after the full hearing. If the decision cannot be made within five (5) business days due to extenuating circumstances (including but not limited to illness, seeking legal counsel, or request for additional information), such delay will be documented in a letter that will be sent to the student and the time extended accordingly. In such cases, all reasonable efforts will be made to expedite the process to reach a final decision. The Dean of the School of Graduate Studies, through the appeals process, may uphold, reject or modify any prior decision. Alternatively, the Dean may refer the case back to the PPC for further review.
Timeline for Student Conduct Process*
| Event | Max days to complete | Max days from Incident |
| Incident Occurs | ||
| Incident Reported to PPC Chair | 5 | 5 |
| Preliminary Hearing | 10 | 15 |
| Full Hearing | 10 | 25 |
| Notification of Decision | 5 | 30 |
DISCIPLINARY ACTIONS FOR UNSATISFACTORY ACHIEVEMENT OF PROFESSIONAL STANDARDS
Professional Sanctions
Any student found guilty of professionalism violations will be sanctioned with a professionalism warning or citation according to the Professional Policy. The PPC reserves the right to impose more severe penalties for any form of academic dishonesty or egregious behaviors.
Academic Sanction
Any student who is found guilty of cheating will receive a grade of “F” for the course. Any student found guilty of plagiarism or HIPPA violations will be sanctioned according to their respective policies which can include course or assignment failure, repeat assignments, or dismissal from the program. The PPC reserves the right to impose more severe penalties for any form of academic dishonesty, plagiarism, or HIPPA violations.
Educational/Developmental Sanctions
A student found to be in violation of the professionalism policy may receive an educational sanction. An educational sanction, such as remediation and professional improvement plans are intended to engage the student in a positive learning experience related to the student’s inappropriate behavior. An educational sanction may include, but are not limited to: (1) warning or reprimand; (2) performing community service on and/or off campus; (3) attending programs or workshops at the student’s own expense; (4) writing a paper, completing an assignment or making a presentation, and if applicable, (5) obtaining counseling.
Probation
A student who exhibits inappropriate professional conduct can be placed on probation. Probation will be imposed for a specific time period, during which a student is expected to show a positive change in behavior, including no repeat offenses. Students on probation are required to satisfy and comply with the terms and/or conditions of their probation. A student who is placed on probation as the result of a conduct decision will be prohibited from holding a leadership role in any Program organization or committee and may be precluded from serving as a tutor until the end of the probation period. Students will also not be eligible for program scholarships or recommendations.
The CED or DED shall be responsible for monitoring the student’s progress toward meeting the terms of probation. Once the student has satisfied the terms of probation, the Assistant Program shall communicate to the Program Director that the student be reinstated to non-probationary status. If a student does not fulfill the terms and conditions of his/her probation, further disciplinary action such as suspension or dismissal from the program may be taken.
Suspension
Suspension of a student is a serious action and is only considered in situations such as persistent professional or personal misconduct or that may constitute an imminent danger to the program and the institution. During the imposed suspension, the student is prohibited from attending or participating in any instructional sessions (either in the classroom or on experiential rotations) or any School or University events that are not open to the general public. Students in the didactic year cannot qualify for suspension due to the nature of the program.
Dismissal
Dismissal of a student will be considered in situations such as persistent professional or personal misconduct or that may constitute an imminent danger to the program and the institution. The UMES Physician Assistant Department reserves the right to dismiss a student at any time in order to safeguard the Program’s standards of scholarship, professional and personal conduct, and orderly operation. At any time, the Dean of the UMES School of Graduate Studies reserves the right to dismiss a student engaged in actions which threaten or endanger, in any way, the personal safety and/or well-being of self or other, or which disrupt or significantly interfere with the orderly operation of the School. A student who is dismissed for professional issues may not be reinstated under any circumstances.
