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 of the Faculty Organization	Subsection: 4.1.7
Section 4.0 - Faculty Policies	Originating Date: September 2019
Responsible Reviewing Agency: Undergraduate Admission, Progression, Graduation and Scholarship/Grant Committee Faculty Coordinating Council General Faculty Organization	Revision: April 2020
Related Documents: Policy 4.1.4 - Undergraduate Rules of the Faculty Organization Policy 5.2.20 - 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5.2.36- Undergraduate Professional Performance Appendix K, Guidelines For Suspected Breach of Professional Behavior -repealed April 20, 2020      Disciplinary Hearing Procedural Flow Sheet Appendix X1- Guidelines for Syllabus Template UNMC Procedural Rules Relating to Student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 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:
   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.
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.
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.
4. The Hearing Subcommittee shall determine the appropriate course of action on the appeal
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.
7. The Hearing Subcommittee has three options:
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.
11. The student will be notified in writing of the decision of the Hearing Subcommittee.