Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-5 - Student Conduct and Health Initiatives
Section 3349-5-30 - Learning environment concerns rule
Universal Citation: OH Admin Code 3349-5-30
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
The university is committed to maintaining a professional and inclusive learning environment in which all students are treated with respect and dignity. This environment should promote interactions based on individual strengths and characteristics to encourage constructive, thoughtful, respectful, sensitive behavior, consistent with the standards of the various health professions in which our students are being trained.
(B) Scope
(1) A complaint or concern within the
learning environment of mistreatment, inappropriate professional interaction,
or bias may be made by any student against any other member of the university
community, so long as it relates to the educational activities of university.
Student complaints of mistreatment, inappropriate professional Interactions, or
bias about course instructors, teaching methods, evaluations or course related
matters are to be handled in accordance with this rule.
(2) This rule will not be interpreted,
administered or applied to infringe upon the academic freedom of any faculty
member of the university. The frank discussion of controversial ideas, the
provision of constructive criticism related to educational performance, the
pursuit and publication of controversial research, and the study and teaching
of material with controversial content do not constitute mistreatment, provided
these activities are conducted in an atmosphere of respect.
(3) This rule is not to be interpreted,
administered or applied in such a way as to detract from the rights and
obligations of those in an evaluative role to manage and discipline students,
subject to the university's policies and procedures.
(4) A student may not use this rule to review
the decisions or recommendations of the committee on academic and professional
progress ("CAPP"). These decisions may only be reviewed in accordance with the
university rule on "CAPP."
(5) This
rule is not meant to govern situations where students believe that they have
been subjected to sexual misconduct, sexual harassment, discriminatory
treatment or other illegal activity. Complaints of that nature are addressed
under separate university rules.
(C) Definitions
(1) "Complainant" refers to any person who
seeks recourse pursuant to this rule because he/she has reasonable cause to
believe he/she has experienced mistreatment or inappropriate professional
interaction.
(2) "Inappropriate
Professional Interaction" refers to conduct that is offensive, uncivil, and
generally disrespectful to a reasonable professional in the field.
(3) "Mistreatment" refers to words, gestures
or actions that tend to alarm, intimidate or demean another.
(4) "Respondent" refers to a person or person
against whom an allegation of mistreatment or inappropriate professional
interaction has been made.
(5)
"University-related activity" refers to all activities operated under the
auspices of the university on the Rootstown campus or in any affiliated
institution, program or agency.
(6)
"Learning environment" refers to any location where NEOMED academic activities
including, but not limited to, didactic, simulation, laboratory, or clinical,
associated with your program of study, take place.
(7) "Bias" is a completed, attempted or
threatened incident where abusive or hostile acts against a person or persons
where such acts manifest evidence that the target was intentionally selected on
the basis of the target's actual or perceived age, class, color, disability,
ethnic/regional/ national origin group, gender, gender identity, gender
expression, race, religion, sex or sexual orientation, including any hate
crime.
(D) Body of the rule
(1) All students of the university
community are encouraged to resolve complaints informally. Students who feel
they have experienced mistreatment, inappropriate professional interaction, or
bias should discuss the matter with their faculty advisor, personal advisor, or
the chief student affairs officer. These individuals will:
(a) Provide students a forum for expressing
concerns and exploring options for addressing the concern at issue;
(b) Advise students on both informal and
formal
(c) Discuss the student's
concerns, with the permission of the student, with the person about whom the
student has an issue (e.g., faculty member, resident, etc.).
If one of the individuals identified in this rule believes that mistreatment, an inappropriate professional interaction, or bias has occurred, the individual has the responsibility to discuss the issue with his/her respective vice dean, even if the student does not wish to file a formal complaint.
(2)
Unless a formal complaint is filed, no further action will be taken by the
university other than what is set forth in this rule.
(3) Formal complaint
(a) A complaint becomes formal when a
complainant completes the learning environment form online and it is received
by one of the members of the university community designated to receive such
complaints.
Upon receipt, all formal complaints are forwarded to the chief student affairs officer. The chief student affairs officer investigates and adjudicates the matter or convenes an investigation committee, if necessary.
(b) Students may
file a formal complaint in accordance with the above procedure within thirty
calendar days of the last alleged incident of mistreatment, inappropriate
professional interaction or bias in the learning environment.
(c) Copies of the concern form shall be
included in the NEOMED
compass and on the university website.
(4) Investigation process for a
formal complaint
(a) The investigation shall
be conducted by the chief student affairs officer or
their designee, with the assistance of other university faculty or staff,
as appropriate. The chief student affairs officer will consult the general
counsel on all matters of evidence, rule interpretation and/or
procedure.
(b) The chief student
affairs officer may, for good cause shown, exercise discretion in delaying the
investigatory phase of a formal complaint if dealing otherwise would compromise
the investigation or adversely affect the student's matriculation.
(c) The investigation process will include
one or more of the following steps as appropriate:
(i) Confirm name, year, and college of the
complainant;
(ii) Identify name,
title and role of the respondent;
(iii) Develop a thorough understanding of the
professional relationship, degree of control and amount of interaction between
the complainant and respondent; and
(iv) Determine the frequency/severity and
type of alleged mistreatment, inappropriate professional interaction or
bias.
(5)
Discipline and sanctions
(a) Failure to
cooperate with the investigation or resolution of a formal complaint is
considered a violation of this rule and may be grounds for discipline or
sanctions.
(b) Disciplinary
sanctions related to faculty will be undertaken in accordance with the faculty
rules. In addition, the respondent may be required to participate in a special
education or counseling experience.
(c) When criminal conduct is suspected or has
occurred, the chief student affairs officer will refer the matter to the
general counsel as appropriate.
(d)
If the investigation reveals that the allegation was frivolous, vexatious or
malicious, the chief student affairs officer may recommend sanctions against
the complainant.
(e) Each party
will be informed in writing of the final decision. The final decision and the
report of the chief student affairs officer will be placed in the appropriate
personnel file or student file if the respondent is found to have violated this
rule.
(6) Documentation
of student complaints
(f) University is
required by the higher learning commission ("HLC") to track all student formal
complaints. The chief student affairs officer will maintain all formal
complaints, along with the final written discussion of such complaints as set
forth below. Students should understand the university is required to share
information about complaints with each college's respective accreditation
agencies. Every effort shall be made to treat the information with discretion
and privacy to protect the individual identities regarding such
complaints.
(g) The chief student
affairs officer will maintain a database on formal complaints in accordance
with the respective accreditation standards for each college.
(7) Discretion in releasing
complaints or formal investigation records
(a)
Other university personnel shall be made aware of the allegations,
investigations, and outcome on a need-to-know basis. These persons may include,
but are not limited to, the complainant, the respondent, and any witnesses or
persons involved in the formal or informal investigation of the
complaint.
(b) Records created as a
result of any formal complaint or investigation will be maintained and released
in accordance with state and federal law.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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