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CON Guidelines For Suspected Breach of Professional Behavior: Difference between revisions
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CON Guidelines For Suspected Breach of Professional Behavior (view source)
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<td width="60%"><big>''' | <td width="60%"><big>'''Guidelines for Suspected Breach of Professional Behavior: Procedure '''</big></td> | ||
<td valign="top" width="40%"><big>Subsection: '''Appendix K'''</big></td> | <td valign="top" width="40%"><big>Subsection: '''Appendix K'''</big></td> | ||
</tr> | </tr> | ||
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<td width="60%">Appendix - Appendices</td> | <td width="60%">Appendix - Appendices</td> | ||
<td width="40%">Originating Date: | <td width="40%">Originating Date: June 2020</td> | ||
</tr> | </tr> | ||
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<td valign="top" width="60%">Responsible Reviewing Agency:<br /><div style="margin-left:3em; line-height:1.2;">Professional Graduate Nursing Affairs<br /> | <td valign="top" width="60%">Responsible Reviewing Agency:<br /><div style="margin-left:3em; line-height:1.2;">Undergraduate Admission, Progression, Graduation and Scholarship/Grant Committee <br />Professional Graduate Nursing Affairs Committee<br />General Faculty Organization</div></td> | ||
<td rowspan="2" valign="top" width="40%"> | <td rowspan="2" valign="top" width="40%"> | ||
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<td valign="top"> | <td valign="top">Related documents: Policy 4.1.4a</td> | ||
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</table> | </table> | ||
*Please Note: A student looking at this procedure should also look at the full [https://catalog.unmc.edu/general-information/student-policies-procedures/code-of-conduct/ University Student Code of Conduct Policy] | |||
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===Procedure Steps:=== | ===Procedure Steps:=== | ||
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<ol style="max-width:67em | <ol style="max-width:67em !important; margin-bottom:15px;"> | ||
<li>Faculty identifies a breach in professional behavior</li> | <li>Faculty identifies a breach in professional behavior</li> | ||
<ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | <ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | ||
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<li>Probation may include conditions that must be satisfied.</li> | <li>Probation may include conditions that must be satisfied.</li> | ||
<li>The conditions must be reasonably related to the violation or the reasons for the violation.</li> | <li>The conditions must be reasonably related to the violation or the reasons for the violation.</li> | ||
<ol style="max-width:67em margin-bottom:15px;"> | <ol style="max-width:67em !important; margin-bottom:15px;"> | ||
<li>Examples of conditions for students include the completion of educational programs and behavioral evaluations.</li> | <li>Examples of conditions for students include the completion of educational programs and behavioral evaluations.</li> | ||
<li>The failure to satisfy a condition of probation may be treated as an independent violation of the Standards of Academic Integrity and Responsible Conduct ( | <li>The failure to satisfy a condition of probation may be treated as an independent violation of the Standards of Academic Integrity and Responsible Conduct ([https://catalog.unmc.edu/general-information/student-policies-procedures/code-of-conduct/ UNMC Student Code of Conduct]).</li> | ||
<ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | <ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | ||
<li>A violation of the Standards while a student is on probation may result in a more severe response.</li> | <li>A violation of the Standards while a student is on probation may result in a more severe response.</li> | ||
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</ol> | </ol> | ||
</ol> | </ol> | ||
</ol> | |||
===Procedure for the Hearing: === | |||
<ol style="max-width:67em !important; margin-bottom:15px;"> | |||
<li>The CON Hearing Officer must conduct the hearing in a manner that facilitates the presentation of relevant evidence and in accordance with the [https://catalog.unmc.edu/general-information/student-policies-procedures/code-of-conduct/ UNMC Student Code of Conduct]. </li> | |||
<ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | |||
<li>The Hearing Officer has the discretion to allow the use of a question-and-answer format or allow a witness to make an oral statement about what the witness knows about the matter. </li> | |||
<li>The Hearing Officer or the members of the hearing panel may then ask questions to clarify what the witness said or to elicit more detailed information.</li> | |||
</ol> | |||
<li>The CON Hearing Officer has the discretion to allow the DHB to question the witnesses directly or to require the parties to submit suggested questions for the CON Hearing Officer to ask.</li> | |||
<li>In exercising this discretion, the Hearing Officer or Chair should consider all the relevant circumstances, including whether there is animosity between the Respondent and the witness, whether the charges involve violence, threats, or harassment of the witness by the Respondent, and whether direct questioning would be more efficient or would better enable the Respondent to present their information.</li> | |||
<li>The CON Hearing Officer has the discretion to:</li> | |||
<ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | |||
<li>allow the identified parties to make opening statements, closing statements, or both, with reasonable time limits;</li> | |||
<li>allow witnesses to testify by videoconferencing technology</li> | |||
<li>require that the witnesses who have not yet testified wait somewhere other than the hearing room until they are called to testify; and </li> | |||
<li>schedule separate hearings if charges have been brought against multiple respondents or multiple charges have been brought against a single respondent.</li> | |||
<li>remind the student that there is one designated date that materials can be submitted to support that student's defense. </li> | |||
<ol style="max-width:67em !important;list-style-type: lower-roman; margin-bottom:15px;"> | |||
<li>If such information was not reasonably previously known to the student prior to the deadline, that information may be forwarded to the relevant CON Hearing Officer, who, with the DHB, shall decide the relevance and admissibility of that information. </li> | |||
<li>Prior to the DHB's decision the CON Hearing Officer may consult with the CON Conduct Officer and the University regarding the relevance and admissibility of that information, share their insights with the DHB prior to their decision.</li> | |||
</ol> | |||
</ol> | |||
<li>The student has the right to be accompanied by an advisor when the student meets with the CON Conduct Officer; and </li> | |||
<ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | |||
<li>that the student may choose anyone as the advisor, including an attorney, but that the student is responsible for any fees that the advisor may charge.</li> | |||
<li>The student’s advisor may provide guidance to the student, but may not otherwise directly participate in the conduct process. 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. Non-compliance with directions from the CON Conduct Officer will result in the student’s advisor being asked to leave the hearing. </li> | |||
</ol> | |||
<li>Within 20 University days of the conclusion of the hearing, the DHB will determine whether the disciplinary charges against the student have been sustained by the evidence.</li> | |||
<li>The CON Hearing Officer will send a report and conclusions with the final decision to the CON Conduct Officer via University email.</li> | |||
<ol style="max-width:67em !important;list-style-type: lower-alpha; margin-bottom:15px;"> | |||
<li>If the DHB decision is for suspension or expulsion, the Dean must be notified prior to any findings being communicated elsewhere. </li> | |||
<li>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 receiving notice of the DHB the final decision. </li> | |||
</ol> | |||
<li>The student will have 10 University days to respond to the CON DHB final decision via University email to the CON Conduct Officer.</li> | |||
<li>If no written response from the student is received during this timeframe, the DHB decision will be considered final.</li> | |||
<li>If the student’s written response is debating the decision of the DHB, the student will be directed to the procedures to follow in the appeal to the Vice Chancellor or his/her designee.</li> | |||
<li>If the faculty member bringing forward the charge is debating the decision of the DHB, the faculty member will be directed to the procedures to follow in the appeal to the Vice Chancellor or his/her designee.</li> | |||
</ol> | </ol> | ||