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5.2.36- Undergraduate Professional Performance Appendix K, Guidelines For Suspected Breach of Professional Behavior -repealed April 20, 2020 now reinstated May 2021 Appendix X- Syllabus Templates UNMC Procedural Rules Relating to Student Discipline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, 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.
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 proceedings for the previous 6 months and to review policy/process.
7. Disciplinary Hearing Subcommittee 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
   2. 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 subcommittee. They will be selected on the basis they represent a different campus than where the complaint originated and the level of the student (graduate vs undergraduate).
   3. The 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 chair of each Disciplinary Hearing Subcommittee.
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 chair for the hearing. Previous committee experience is a preferred qualification for the Disciplinary Hearing Subcommittee Chair.
   1. If a committee faculty member is unavailable, if required, the Dean of the College or an administrative delegate will identify a replacement in order to facilitate the conducting of committee proceedings
   2. If the Chairperson is involved in the disciplinary action, an alternate appointment will be made by the Dean of the College or an administrative delegate
5. The chair of the hearing subcommittee shall appoint a person, who may or may not be a member of the disciplinary appeal committee or hearing subcommittee, 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 may also record the hearing at his or her personal expense.
   2. The student shall have access to the official record of the hearing upon such reasonable terms as the chair of the hearing subcommittee shall prescribe. (The verbatim record of the hearing may be either a tape or digitally recorded record, or a verbatim record prepared by a court reporter as determined by the chair of the hearing subcommittee.)
6. Each member of the appeals committee (faculty and student) will have one vote in the appeal. All members of the appeals committee 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 Disciplinary Appeal Committee and the CON Academic Appeals Committee which is empowered to hear student appeals involving grades and solely academic matters.
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 student has requested an appeal process. The Dean will notify the (ex-officio) UGA chair to identify and notify subcommittee members.
   1. The UGA Chair or designee will establish specific dates with disciplinary hearing subcommittee chair (after chosen) at the initial meeting.
   2. These specific dates will include a final date of submission for any and all documents as well as identification and information on requested witnesses.
2. The disciplinary hearing subcommittee shall review submitted written appeal documents.
3. The disciplinary hearing subcommittee 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. Witnesses and advisors may be present, but unless the chair of the hearing subcommittee permits, they may not directly nor indirectly question witnesses or otherwise participate in the proceedings.
   3. If desired and called to testify, faculty may appear, present prior submitted evidence, and answer questions from the hearing subcommittee
   4. The Hearing Subcommittee members and the student who is appealing may question witnesses.
   5. The Hearing Subcommittee 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.
4. The Hearing Subcommittee shall determine the appropriate course of action on the appeal
   1. In cases of written reprimand, grade adjustment, or probation: The Hearing Subcommittee may rule on the basis of the written evidence submitted, unless the faculty or student have asked to appear personally before the subcommittee. This request to appear before the Hearing Subcommittee must be submitted with and when the materials for the appeal is submitted.
   2. In the case of suspension or expulsion/dismissal: The Hearing Subcommittee 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.
5. The Disciplinary Appeals Committee and Hearing Subcommittee shall adhere to policies and procedures for the College of Nursing, the University of Nebraska, the University of Nebraska 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).
6. The decision of the Hearing Subcommittee must be based on the majority affirmative vote.
   1. A vote shall be either a Yae or Nae. No Hearing Subcommittee member may abstain from the vote on the disciplinary appeal.
7. The Hearing Subcommittee has three options:
   1. Uphold the disciplinary action
   2. Grant the appeal
   3. Suggest a new disciplinary action less stringent than the original disciplinary action.
8. All voting will be conducted in a confidential manner.
9. In the event that the Hearing Subcommittee has a parliamentarian question, that cannot be resolved unanimously, the Dean shall appoint a Parliamentarian (eg: The Faculty Senate Parliamentarian).
10. The Hearing Subcommittee shall submit the report and conclusions of the subcommittee in writing to the Dean.
    1. A verbatim recording of the hearing must be maintained and included in the report.
    2. Hearing Subcommittee reports and information will be housed in Associate Dean's Office.
11. The student will be notified in writing of the decision of the Hearing Subcommittee.