CON Undergraduate and Professional Graduate Student Disciplinary Appeal Rules of the Faculty Organization

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UNIVERSITY OF NEBRASKA MEDICAL CENTER COLLEGE OF NURSING
Undergraduate & Professional Graduate Disciplinary Appeal Committee Rules	Subsection: 4.1.4a
Section 4.0 - Faculty Policies	Originating Date: September 2019
Responsible Reviewing Agency: Undergraduate Admission, Progression, Graduation and Scholarship/Grant Committee (UGA) Professional Graduate Nursing Affairs (PGNA) General Faculty Organization (GFO)	Revision: April 2020 Revision: May 2021
Related Documents: Policy 4.1.4 - Undergraduate Rules of the Faculty Organization Policy 5.1.14 - Undergraduate/Professional Graduate Student Disciplinary Appeal Policy 5.2.36- Undergraduate Professional Performance Appendix K, Guidelines For Suspected Breach of Professional Behavior -repealed April 20, 2020 now reinstated May 2021 Appendix X- Syllabus Templates UNMC Procedural Rules Relating to Student Discipline

Policy:

1. In conformity with the Bylaws of the Board of Regents of the University of Nebraska, Chapter V, Paragraph 5.0, 5.4, and 5.5, and the "UNMC Procedural Rules Relating to Student Discipline, and the " University Student Code of Conduct, and any subsequent related University of Nebraska UNMC policies or policy revisions. The Undergraduate/ Professional Graduate Disciplinary Appeal Committee shall provide the mechanism for the formal student appeal of any charge(s) or disciplinary action brought against the student. This applies to Undergraduate and Professional Graduate students. Ph.D. students will utilize the mechanism provided by the College of Graduate Studies.
2. Such charges shall be defined as violation of law where the institution's interests are distinctly and clearly involved, violation of rules or regulations, disruptive or insubordinate behavior, or academic dishonesty. The student will be held responsible for her/his own actions according to what a reasonable prudent student would do or not do in a given situation.
3. The Disciplinary Appeal Committee (DAC), comprised of 15 faculty members, will serve in accordance with the Rules & Regulations as stated for the Undergraduate Admission, Progression, Graduation & Scholarship/Grant Committee (UGA or UG) and the Professional Graduate (PGNA) and General Faculty Organization Rules & Regulations.
1. In addition to faculty members, a program director (undergraduate, graduate: MSN, DNP, PhD) for the college will serve as CON Conduct Officer for discipline issues/ situation/appeals.
• The program director specific to the program that the student being disciplined is presently enrolled in, will be the appointed CON Conduct Officer for the discipline proceedings.
• The CON Conduct officer is not a voting member of the DHB Committee and is not an elected position.
• Any other CON Program Director can function as a designee.
4. The Disciplinary Hearing Subcommittee will be the appointed 5-member sub group from the Disciplinary Appeal Committee assigned to a specific disciplinary appeal, who are following the rules and functions of the Committee for the specific student appeal.
5. The judgements of the Disciplinary Appeal Committee and the Disciplinary Hearing Subcommittee will be in conformity with the policies related to Undergraduate Admission, Progression, Graduation & Scholarship/Grant Committee (UGA or UG) and the Professional Graduate (PGNA) policies of the College of Nursing. Disciplinary proceedings will refer to the current UNMC Student Policy Wiki) and the "UNMC Procedural Rules Relating to Student Discipline".
6. The Disciplinary Appeal Committee will meet “as needed/on call” in addition to biannual meetings in September and April organized by the Undergraduate Admission, Progression, Graduation & Scholarship/Grant Committee in order to conduct review of the proceedings for the previous 6 months and to review policy/process.
7. Disciplinary Hearing Board proceedings related to student issues will be conducted as confidential proceedings.

Membership Requirements:

1. All voting members of the General Faculty Organization who are .50 FTE or greater are equally eligible for membership. The Dean of the College of Nursing, Associate Dean of Academic Programs, Undergraduate and Professional Graduate Program Directors, Division Assistant Deans or Director(s), Academic Coordinators are ineligible to sit on this committee.
2. Fifteen faculty members (Three from each division) will be selected by a vote from General Faculty Organization (GFO). From each division, one undergraduate, one graduate and one at – large faculty member will be chosen by the GFO vote. This is a two (2) year term.
   1. Appointments from each Division will be voted on according to an odd/even year distribution:
      • Omaha- even years
      • West Nebraska -even years
      • Lincoln - odd years
      • Kearney - odd years
      • Northern - odd years
   One Undergraduate and one Professional Graduate student who is in good standing will be solicited and then selected at the beginning of each academic year representing each of the 5 campuses and asked to volunteer for the Disciplinary Appeal Committee. Only 2 of the 5 students will serve on each disciplinary Hearing Board. They will be selected on the basis they represent a different campus than where the breach originated and same level of the student involved (graduate vs undergraduateThe chair of the UG admissions committee or designee will be considered an ex-officio member of the Disciplinary Appeals Committee and serve as the coordinating liaison with the CON Hearing Officer for each Disciplinary Hearing Board.
3. For each (appeal) hearing, a subcommittee of three faculty will be selected to participate on the Hearing Subcommittee. Selection for the Hearing Subcommittee will consider the level of the student appealing the disciplinary action (graduate vs undergraduate) and also consideration of a conflict of interest (should represents a campus not involved).
4. One of these 3 faculty will serve as CON Hearing Officer for the hearing. Previous committee experience is a preferred qualification for the DHB Chair.
   1. If a committee faculty member is unavailable, if required, the CON Conduct Officer will identify a replacement in order to facilitate the conducting of committee proceedings
   2. If the CON Hearing Officer is involved in the disciplinary action, an alternate appointment will be made by the CON Conduct Officer or an administrative delegate.
5. The CON Hearing Officer of the DHB shall appoint a person, who may or may not be a member of the disciplinary appeal committee or DHB, to act as secretary of the hearing. The secretary shall keep minutes of the hearing's proceedings and shall also cause a verbatim record of the hearing to be prepared and maintained.
   1. The student shall have access to the official record of the hearing upon such reasonable terms as the CON Hearing Officer of the DHB shall prescribe. (The verbatim record of the hearing may be either a tape or digitally recorded record, or a verbatim record prepared as determined by the CON Hearing Officer of the DHB.)
6. Each member of the DHB (faculty and student) will have one vote in the appeal. Any members of the DHB will not have a conflict or competing interest in the outcome.
7. No student and no more than 2 faculty members may serve on both the CON Disciplinary Appeal Committee and the CON Academic Appeals Committee.
8. In the event the faculty member proposing the disciplinary action, or the student against whom such action is proposed, is a member of the Disciplinary Appeal Committee, another faculty member will be chosen for the Disciplinary Hearing Subcommittee. If required, the Dean shall designate another faculty member or student to serve during the period when that particular matter is being discussed.
9. Names of Disciplinary Appeal Committee members are submitted by the Dean to the Chancellor’s Office at the beginning of the fall semester. Changes in membership shall be promptly communicated with the Chancellor.

Procedure:

1. Procedures for the disciplinary appeals committee are initiated once the CON Conduct Officer or the student has requested an appeal process.
   1. The CON Conduct Officer will notify the (ex-officio) UGA chair to identify and notify subcommittee members of the initial meeting date with the CON Conduct Officer for the DHB.
   2. The CON Conduct Officer will conduct the initial meeting with the DHB and will include:
   1. Choosing a CON Hearing Officer
   2. Providing all required information provided to the student and related to the breach
   1. Should include the student signature page related to materials received by the student
   3. Identifying specific dates for the proceedings:
   1. A date the student is notified of the names of selected committee members for the DHB.
   2. a final date of submission for any and all documents from the student as well as identification and information on requested witnesses.
   1. This submission must include a personal statement from the student that all committee members are (or are not) acceptable and present no threat to the student in any way regarding fairness or impartiality.
   2. if the student submission identifies committee members that are considered objectionable to the student, a rationale for that objection is required in writing and must also be part of the submission of documents
   3. the date of expected completion of review of the documents by the DHB
   4. the date of the hearing with a minimum of 5 university day notice and the hearing is to be held no later than 30 university days after the notice was sent out.
   5. the date that a decision is expected and the report due to the Conduct officer. This date should be within 10 university days of the conclusion of the hearing.
   6. the date that the student will be notified of the decision
   1. the CON Conduct Officer may grant extensions of time for the hearing when requested from the CON Hearing Officer
2. The DHB shall hear the appeal of the student regarding information related to the disciplinary event.
1. The student may appear, if desired, to testify, present prior submitted evidence, and hear and question witnesses.
2. The student’s advisor may not speak on behalf of the student during the hearing and may not directly participate in any aspect of the hearing.
3. If desired and called to testify, faculty may appear, present prior submitted evidence, and answer questions from the DHB
4. The DHB members and the student who is appealing may question witnesses.
5. The DHB should request University counsel for advisement during the process of planning for the hearing and may request that counsel be present during the hearing. If the original discipline included suspension or expulsion/dismissal, the committee must request University Counsel presence at the hearing.
3. The DHB shall determine the appropriate course of action on the appeal
   1. In cases of, written warning, grade adjustment, or disciplinary probation; The DHB may rule on the basis of the written evidence submitted, unless the faculty or student have asked to appear personally before the DHB.
   1. This request to appear before the DHB must be submitted with and when the materials for the appeal are submitted.
   2. In the case of suspension or expulsion/dismissal: The DHB shall conduct a hearing of all evidence, hear and question all witnesses and have both the student and faculty present to testify and give evidence.
4. The Disciplinary Appeals Committee and DHB shall adhere to policies and procedures for the College of Nursing, the University of Nebraska, the University of Nebraska Student Code of Conduct, the bylaws of the Board of Regents of the University of Nebraska and any specific ethics for the nursing profession (i.e.: ANA Code of Ethics).
5. The decision of the DHB must be based on the majority affirmative vote.
1. A vote shall be either a Yae or Nae. No DHB member may abstain from the vote on the disciplinary appeal.
6. The DHB has the following options:
1. Uphold the disciplinary action
2. Grant the appeal
3. Suggest a new disciplinary action less stringent than the original disciplinary action.
4. The CON Dean may be consulted for any hearing and decision but must be consulted if the proposed discipline is suspension or expulsion.
7. All voting will be conducted in a confidential manner.
8. In the event that the DHB has a parliamentarian question, that cannot be resolved unanimously, the CON Conduct Officer shall appoint a Parliamentarian (e.g.: The Faculty Senate Parliamentarian).
9. The CON Hearing Officer shall submit the report and conclusions of the DHB in writing to the CON Conduct Officer within 7 days after determining the final decision.
1. If the DHB decision is for suspension or expulsion, the Dean must be notified prior to any findings being communicated.
2. If the DHB decision involves any other outcome other than suspension and expulsion, the CON Conduct Officer will provide information via University email to the: Faculty member bringing forward the charges, the student, Dean, Division Assistant Dean, and Associate Dean of Academic Programs within 7 University days after determining the final decision or sooner if needed in order to meet the 30 University day deadline for completion after the date of the hearing.
10. The student will have 10 university days to respond to the DHB final decision. The student's decision must be sent electronically within the university system email to the Conduct Officer.
1. If the students response is debating the fairness or unreasonableness of the DHB action prescribed, the student will be directed by the CON Conduct Officer to the procedures to follow in the appeal to the Vice Chancellor or his/her designee.
2. If no response is received from the student during the 10 university days then the decision will be considered final.

The CON Conduct Officer shall submit the report and conclusions of the subcommittee to the: Assistant Dean of Academic Programs, Division Assistant Dean, the Dean and the faculty member bringing forth the charges and the student.

11. If the faculty member bringing forward the charge is debating the final disciplinary action prescribed, the faculty member will be directed to the procedures to follow in the appeal to the Vice Chancellor or his/her designee.
12. A verbatim recording of the hearing must be maintained and included in the report.
1. DHB reports and information will be housed in Associate Dean's Office.
2. Each report will be placed in the CON Student's File and on the student's transcript when required by policy.