I. PURPOSE
The purpose of this Policy is to set forth a Code of Conduct and procedures for review, remediation, and discipline for conduct issues for students enrolled in the New York Medical College (“NYMC”) School of Medicine (”SOM”).
II. POLICY
A. Code of Conduct – the following types of actions, as well as any other action at the discretion
of the Dean of the NYMC SOM, are considered violations of this policy and may result in disciplinary sanctions:
1. Theft of, or damage to, College records and property caused by intentional, negligent or irresponsible conduct.
2. Unauthorized use or misuse of any College property, including, but not limited to, its name, property, offices, premises, and equipment (computer equipment, telephones, fax machines, copying equipment, laboratories and student/staff ID cards).
3. Conduct which interferes with or obstructs any College functions, or which physically obstructs or threatens to obstruct or restrain members of the College community.
4. The physical or sexual abuse or harassment of any member of the College community (such incidents will also be reported to the Title IX Coordinator).
5. Threatening or actual infliction of bodily injury, assault, harassment against students, faculty or staff of the College (such incidents will also be reported to the Director of Public Safety).
6. Disorderly, disruptive or abusive conduct in the classroom, during online sessions, in the clinical learning environment, or on College premises or affiliated sites or sponsored housing.
7. Refusal to follow the directives of College officials acting in performance of their duties.
8. Impersonating College faculty, College officials, or College staff.
9. Forging signatures or other information on registration forms, financial aid forms or any other College documents, and any plagiarism.
10. Computer abuse, including possession of unauthorized passwords, plagiarism of programs, unauthorized destruction of files, misuse of computer accounts, and disruptive behavior on the NYMC computer system.
11. Unauthorized sale or distribution of alcoholic beverages or cannabis on College premises.
12. Distribution, purchase, or possession of barbiturates, amphetamines, hallucinogens, opiates, or any other addictive or illegal drugs or paraphernalia not prescribed by a clinician on College premises.
13. Possession, distribution, or sale of weapons, incendiary devices, or explosives on College premises.
14. Tampering with or misusing fire-fighting equipment and/or safety equipment (such as alarm-boxes and extinguishers).
15. Participation in or furtherance of any illegal activity on or off College premises.
16. Abusive conduct and harassment intended to inflict harm on others, including, without limitation, race, ethnicity, religious creed, color, national origin, ancestry, sex (including pregnancy, childbirth or related medical condition), age, disability, medical condition, marital status, genetic information, sexual orientation, gender, gender identity, gender expression, military service or veteran status, citizenship status, or any other classification protected by applicable federal, state or local laws and will be referred to the Touro University Office of Compliance.
17. Refusal to identify oneself to an official or Public Safety Officer of the College or to present proper identification upon entering the College premises.
18. Actions not harmonious with and supportive of an educational institution's activities and functions and actions that harm the reputation of the College.
19. Aiding or abetting any conduct prohibited by this Code of Conduct.
20. Conviction of a felony while enrolled at the NYMC SOM.
21. Intentionally filing a false complaint.
22. Hazing, as set forth in the Anti-Hazing Policy.
23. Academic dishonesty, plagiarism, cheating, and/or other lack of academic integrity, as set forth in the Touro University System Academic Integrity Policy.
B. Social Media Policy - NYMC SOM policies apply to students’ online conduct. NYMC staff members do not actively monitor online social networks, and the NYMC SOM is firmly committed to principles of free speech. However, when the NYMC SOM receives a report of inappropriate online conduct it may investigate. The NYMC SOM has the right to discipline students for misconduct or lack of professionalism wherever it occurs, including online.
III. SCOPE
This policy applies to all students enrolled in the NYMC SOM.
IV. DEFINITIONS
A. MSPE – Medical Student Performance Evaluation
B. PIC – Professionalism and Integrity Committee
C. SAPRC – Student Advancement, Promotions, and Review Committee
V. PROCEDURES
A. The following procedures apply to Code of Conduct violations, with exception of academic dishonesty, plagiarism, cheating, and/or other lack of academic integrity (Number 23 in the Code of Conduct). Such violations will be processed using the procedures set forth the Touro University System Academic Integrity Policy, pursuant to which: (i) the Dean of Ethics and Professionalism has been designated Chief Academic Integrity Officer; (ii) PIC has been designated as the Committee to adjudicate violations of academic integrity via a formal hearing process; and (iii) the Dean of Undergraduate Medical Education has been designated to hear formal resolution appeals.
B. When a student is believed to have violated the Code of Conduct, such violation shall be set forth in writing and communicated to the student, with a copy to the Dean of Students and the Dean of Ethics and Professionalism.
C. Recurrent or significant violations of the Code of Conduct as set forth in this Policy will be:
1. Documented in the medical students’ formal educational record and/or in the MSPE by description of the behavior(s) and curriculum phase in which they occurred.
2. Considered in selection for honor societies, awards/scholarships, committee membership, student government, and other institutional honors.
3. At the discretion of the Dean of Students and/or the Dean of Ethics and Professionalism, referred to the PIC for review and remediation and/or disciplinary action, which may include:
a. Dismissal of Charges
b. Warning - written reprimand putting student on notice that they violated this Policy and that further misconduct may result in a more severe disciplinary action. A copy of this warning will be placed in the student’s file.
c. Remediation Assignments, such as reflective/educational assignments and/or a personalized learning plan.
d. Disciplinary Probation - a student may be placed on disciplinary probation for a definite period of time. While on probation, students may not hold office in student organizations or represent the College in any capacity. Further violations while on probationary status will result in suspension or expulsion from the NYMC SOM. A copy of the probation notice becomes a part of the student’s file.
e. Restitution - a student may be required to pay restitution to the College or to fellow students for damages and losses resulting from his/her action.
f. Service to the College Community for a designated number of hours. The required service cannot interfere with the individual’s course schedule.
g. Suspension - a student may be suspended and may be barred from attending classes for a definite period, not to exceed two years. Notification of the suspension will appear on the student’s academic transcript and will remain until the end of the suspension period. A notification of the suspension will remain in the student’s file. A student may not be automatically re-enrolled at the end of his/her suspension, and he/she must apply to the PIC for re-enrollment.
h. Expulsion - this is termination of the student’s enrolled status at the NYMC SOM. A student who has been expelled from the NYMC SOM is not permitted to complete his/her courses and may not re-register for a future semester. Notification of the expulsion will appear on the student’s academic transcript.
i. Legal Action - in addition to imposing any sanctions outlined above, the PIC may recommend that students be turned over to law enforcement authorities for legal action. The final decision on referring student cases to the authorities is made by the Chancellor/Chief Executive Officer.
j. Other Sanctions - the PIC may impose other sanctions that it deems appropriate and fair.
D. PIC Meeting Procedures
1. Timing of Meeting - When a violation is referred to the PIC, a PIC meeting shall be held within 21 school days unless the meeting is adjourned for good cause.
2. Conflicts of Interest - A PIC member shall not participate in a meeting regarding a student for which the faculty or administrator has a conflict of interest. A conflict of interest may be present when the PIC member:
a. Has a personal, social, familiar, academic, research, business or financial relationship with the student or a member of the student’s family;
b. Has provided health care services to the student;
c. Has graded the student in a course for which the course or clerkship grade is the subject of a pending or prior adverse action or remediation plan; or
d. Serves as the student’s advisor, mentor, academic coach, or has another significant relationship with the student.
3. Pre-Meeting procedures
a. A student who is brought before the PIC will be notified in writing by the Dean of Ethics and Professionalism as to the allegations to be discussed at the meeting. The student may submit a letter to the PIC prior to the meeting regarding the allegations and any extenuating circumstances the PIC should consider.
b. The Dean of Ethics and Professionalism will provide relevant data and information to PIC members and the student in advance of the meeting.
c. Any student who requires an accommodation during the meeting should speak with the Division of Student Accommodations and Accessibility.
4. Procedures During Meeting
a. All meetings are closed to the public. Students are not permitted to record the committee meeting.
b. At the start of each meeting, members will declare any potential or perceived conflicts of interest as described above in respect to any students being discussed. Students will also have an opportunity to identify any potential conflicts. Where appropriate, members should recuse themselves from discussion and voting.
c. A quorum of the PIC membership, defined as 51% of the total membership, must be present. Should conflict of interest recusals prevent a quorum, the Dean of the SOM may appoint ad hoc members to the PIC for the meeting.
d. At the start of the meeting, a designated representative of the College will present the allegations and evidence against the student.
e. The student is required to attend the PIC meeting and may present a written statement or speak extemporaneously for up to ten minutes. Students have the right to bring witnesses on their behalf, to present any evidence they deem relevant, and to ask questions during the proceedings. If the student fails to attend the meeting without cause, the PIC shall proceed in the student’s absence.
f. Committee members may ask questions to the student and any other person giving testimony to the Committee.
g. Upon completion of the presentation by the student and any committee questions, the committee will meet in closed session, without the student or student representatives, for deliberations. The preponderance-of-evidence rule will govern the decision-making process. A decision must be made by a majority of participating members.
h. The student may ask a member of the full-time faculty to join them for the part of the meeting when the student is present. The faculty member is not present to speak, but rather to be supportive of the student. Legal representation is not permitted at the meeting.
i. In making its determination, the PIC may consider all past Code of Conduct and Professionalism issues, even if previously remediated.
5. Communication of PIC Decision
a. PIC decisions shall include findings of the fact, conclusions regarding the allegation(s), and imposition of a sanction, if any.
b. PIC decisions shall be communicated to the student and any College official who is determined to have a legitimate interest in the result as soon as practicable after the meeting.
c. In the case of violations involving physical violence, notice of findings and sanctions imposed may, at the discretion of the College, be reported to the complainant/reporting party.
d. Adverse action decisions (i.e., related to advancement, graduation, or dismissal) of the PIC will be communicated to the SAPRC when they impact promotions.
6. Appeals - students may appeal adverse action decisions (i.e., related to advancement, graduation, or dismissal) of the PIC as per the SOM Policy on Adverse Actions. All other decisions of the PIC are final.
E. Student Organizations - student organizations violating this Policy may be subject to discipline pursuant to the Policy for the Designation and Oversight of Registered Student Organizations.
VI. EFFECTIVE DATE
This policy is effective immediately.
VII. POLICY MANAGEMENT
Executive Stakeholder: Dean, School of Medicine
Oversight Office: Office of Student Affairs
VIII. REFERENCES
3.5 Learning Environment/Professionalism
A medical school ensures that the learning environment of its medical education program is conducive to the ongoing development of explicit and appropriate professional behaviors in its medical students, faculty, and staff at all locations. The medical school and its clinical affiliates share the responsibility for periodic evaluation of the learning environment in order to identify positive and negative influences on the maintenance of professional standards, develop and conduct appropriate strategies to enhance positive and mitigate negative influences, and identify and promptly correct violations of professional standards.
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.
