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Academic Success

Policy on Due Process for Academic Adverse Action

The Zucker School of Medicine ensures that there is a fair and formal process for taking an adverse action that may affect the advancement, graduation, or dismissal 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.

Timely Notice of Impending Action:

A student who is at risk for an adverse action relating to advancement, graduation, or dismissal is notified in writing via formal letter.

Disclosure of Evidence and Student Response:

A student who will undergo review for an adverse action relating to advancement, graduation, or dismissal will receive a copy of the evidence upon which the action would be based at least five (5) business days before the evidence is presented to the appropriate committee, to ensure that the student has enough time to respond to that evidence.

Appeal:

A student has the right to appeal an adverse action related to advancement, graduation, or dismissal. The appeal must be submitted, in writing, to the Dean of the School of Medicine (“Dean”), within five (5) business days of the student’s notification of the adverse action. The Dean’s decision in all such matters is final.

The Dean shall have the authority to investigate the matter fully and to request material from and/or speak to the chair of the committee and/or the student. If the Dean requests to meet with the student, the student may have an adviser of his or her choice present but that adviser may not address the Dean. The Dean may elect to:

  1. Take no action, allowing the adverse action to stand;
  2. Modify the adverse action; or
  3. Empanel an Ad Hoc Appeals Committee to investigate the appeal and make a recommendation.
Procedure for an Ad Hoc Appeals Committee:

If the Dean elects to empanel an Ad Hoc Appeals Committee, it shall be composed of up to five (5) faculty members who have no role in the determination of the student’s grades or other conflict of interest. The committee shall have the authority to investigate the matter fully and to request material from the student and the relevant committee. The charge of the Ad Hoc Appeals Committee is to determine if due diligence was followed and a reasonable course of action was taken by the committee and the Dean for Medical Education. The Appeals Committee shall proceed from the assumption that the adverse action was justified and the burden of proof (that due diligence was not followed and/or a reasonable course of action was not taken) shall lie with the student. The student will be given an opportunity to present his/her argument and answer questions of the Ad Hoc Appeals Committee in person. The student may have an adviser of his or her choice present at the meeting with the Ad Hoc Appeals Committee, but that adviser may not address the committee. The Ad Hoc Appeals Committee will submit a recommendation, in writing, to the Dean following any meeting with the student. In all cases, the Dean’s decision will be conveyed, in writing, to the student, the relevant committee, and Dean for Medical Education. The Dean's decision in all such matters is final.

References to Regulations and/or Related Policies:
LCME Element 9.9: Student Advancement and Appeal Process
Policy on the Composition and Authority of the Student Advancement Committee
Policy on the Composition and Authority of the Student Professionalism Committee
Policy on Educational Conflicts of Interest and Recusal

Last Updated: July 2018


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