I. PURPOSE
The purpose of this policy is to outline the process for a student to appeal an adverse decision that may affect the student’s status in the New York Medical College School of Medicine (NYMC SOM) M.D. Program.
II. POLICY
It is the policy of NYMC SOM that there is a fair and formal process for appealing an adverse action that may affect the advancement, graduation, or dismissal of a medical student. (LCME Element 9.9).
III. SCOPE
This policy applies to all NYMC SOM students.
IV. DEFINITIONS
A. Adverse Actions: A decision by the NYMC requiring an involuntary leave of absence, repetition of a year, or dismissal.
B. MSPE– Medical Student Performance Evaluation
V. PROCEDURES
A. Appeal to Dean of Undergraduate Medical Education
1. Timing for Appeal: A student may appeal an Adverse Action by petitioning the Dean of Undergraduate Medical Education (UME) within five (5) days after notification of the Adverse Action. The petition must be submitted in written form and must include the reason on which the appeal is based.
2. Grounds for Appeal: Mere disagreement with the Adverse Action is not sufficient ground for an appeal. The written appeal must include one or more of the following:
a. Failure to follow NYMC SOM procedures in reaching the Adverse Action decision, and such failure had a material impact on the decision.
b. New information that has become available and was not available at the time of the initial Adverse Action decision, and this information would have had a material impact on the outcome of the decision;
c. Evidence of bias of the individual issuing the Adverse Action, or, if issued by a Committee, of one or more of the members of the Committee.
3. Conduct of Appeal: The Dean of UME may obtain any pertinent information, including interviews, needed to review the appeal. After such review, the Dean of UME may, at their discretion:
a. Affirm the initial Adverse Action decision and deny the appeal in full;
b. Grant the appeal in whole or in part and modify the Adverse Action; or
c. Appoint an ad hoc appeal committee to evaluate the basis for and the merits of the appeal.
4. Review by Ad Hoc Appeal Committee:
a. An ad hoc appeal committee shall consist of three members of the faculty of the School of Medicine (SOM), none of whom were involved in the Adverse Action decision in question or otherwise have a conflict of interest with the student.
b. To inform their deliberations, the ad hoc appeal committee shall obtain pertinent documentation (g., records and correspondence) related to the Adverse Action decision. In addition, the ad hoc appeal committee may meet separately with the student and any faculty or administrators involved in the Adverse Action decision as deemed necessary.
c. The ad hoc appeal committee shall submit its findings to the Dean of UME as soon as practicable, with a recommendation to deny the appeal or to grant it and modify the action. Once a recommendation is made by the ad hoc appeal committee, the Dean of UME will review the recommendation. The Dean of UME will make the final decision to uphold the Adverse Action decision or to grant the appeal and modify the Adverse Action. The Dean of UME will notify the student in writing of this decision.
B. Appeal to the Dean of the School of Medicine
1. The student may appeal the decision of the Dean of UME to the Dean of SOM. This written appeal must be received within five (5) days of receipt of written notification from the Dean of UME.
2. In the event the Dean decides to consider the matter, the Dean may, at his/her discretion, conduct interviews and review materials. The Dean can uphold the Dean of UME’s decision, recommend another action, or recommend no action.
3. After making the decision, the Dean of the SOM will notify the student of the decision in writing. The decision of the Dean will be final.
C. If the adverse action is upheld, it will be included in the MSPE.
VI. Effective Date
This policy is effective immediately.
VII. Policy Management
Executive Stakeholder: Dean of the School of Medicine
Oversight Office: Office of Undergraduate Medical Education
VIII. References
LCME Standard 9.9 Student Advancement and Appeal Process: A medical school ensures that the medical education program has a single set of core standards for the advancement and graduation of all medical students across all locations. A subset of medical students may have academic requirements in addition to the core standards if they are enrolled in a parallel curriculum. A medical school ensures that there is a fair and formal process for taking any action that may affect the status of a medical student, including timely notice of the impending action, disclosure of the evidence on which the action would be based, an opportunity for the medical student to respond, and an opportunity to appeal any adverse decision related to advancement, graduation, or dismissal.
