Current through all regulations passed and filed through December 16, 2024
(A)
Policy
statement
Students enrolled in the college of
nursing are subject to the general rules of conduct for the college of nursing
"CON" and the university of Toledo at large (the "University"), as well as
additional standards of conduct and professionalism applicable to nursing
students,.
(B)
Purpose of policy
Students in the CON are responsible for
understanding and complying with university and CON policies, procedures,
regulations, standards of conduct, and expectations for professional behavior
when representing the CON both on and off-campus. A failure to comply may
result in disciplinary action up to and including dismissal from the CON.
Students subject to certain adverse actions are entitled to due process and
appeal rights as outlined in this rule.
(C)
Scope
This policy applies to all students
enrolled in a CON program and works in conjunction with rule
3364-30-04
of the Administrative Code (student code of conduct). The university prohibits
discrimination or harassment on the basis of race, color, religion, sex, age,
national origin, ancestry, sexual orientation, gender identity and expression,
military or veteran status, the presence of a disability, genetic information,
familial status, political affiliation, or participation in protected
activities under rule
3364-50-01
or 3364-50-02 of the Administrative
Code. Matters involving alleged violations of those policies will not follow
the procedures in this rule, but will follow the procedures in rules
3364-50-01
and 3364-50-02 of the Administrative
Code and rule
3364-30-04
of the Administrative Code (student code of conduct). Any staff or faculty
member who receives a report of conduct prohibited under rule
3364-50-01
or 3364-50-02 of the Administrative
Code must promptly forward that information to the title nine coordinator.
Records that include the complaint, findings, and sanctions imposed as a result
of a finding of discrimination or harassment on the basis of race, color,
religion, sex, age, national origin, ancestry, sexual orientation, gender
identity and expression, military or veteran status, the presence of a
disability, genetic information, familial status, political affiliation, or
participation in protected activities will be provided to the college of
nursing and included in the college's records on a student.
(D)
Procedure for disciplinary action (for matters not involving
conduct covered by rule
3364-50-01
or 3364-50-02 of the Administrative
Code)
(1)
Procedure. This policy sets forth the procedure for
disciplinary action and due process. The procedure for academic misconduct is
guided by rule
3364-82-05
of the Administrative Code (CON academic due process and appeal of final course
grade).
(2)
Conditions for disciplinary action. Nursing students
are subject to disciplinary action for violation of the institutional and
nursing standards of conduct, including breach of student responsibilities and
public safety. Students are responsible to inform the associate dean for
academic affairs of any arrests, charges, convictions or pleas. The CON cannot
guarantee the licensure of a student who has any criminal charges or
convictions on their record regardless of the admission decision. Due process
will be provided to a student accused of violating institutional standards
where suspension or dismissal from a program or the CON/university is a
possible outcome. Students who may be subject to disciplinary action, or
believe that his/her rights are being impinged upon are entitled to due process
and appeal rights in accordance with paragraphs (E) and (G) of this
rule.
(3)
Levels of disciplinary action. When a code of conduct
or professionalism violation is suspected the responsible CON faculty member
will discuss the incident with the student and file a written report (in
accordance with faculty manual CON-04-020).
(4)
The levels of
disciplinary action include but are not required to be progressive and are
dependent on the situation at hand, including suspension or
dismissal.
(E)
Due process (For matters not involving conduct covered
by rules
3364-50-01
and 3364-50-02 of the Administrative
Code)
(1)
The
student has the right to submit a written request for a hearing by the CON
student grievance committee "SGC" when the student has been advised that
dismissal from the CON is a possibility. The written request must be delivered
by the student to the associate dean for academic affairs within ten business
days of receiving the notice of dismissal. The student will then be given a
written notice that they have the opportunity to appear before the SGC to fully
present their position on the charge(s) as set forth in paragraph (F)(1) of
this rule. The student may waive the right to a hearing at the student's sole
discretion.
(2)
Upon receiving a request for a hearing before the SGC,
the SGC chair will provide a written notice to the student that includes: the
charge(s); the date, time and location of the hearing; and membership
composition of the SGC within ten business days before the hearing date. The
notice will include the specific protocols to be followed in the hearing and
will include a copy of this policy.
(3)
The associate
dean for academic affairs may suspend the SGC hearing until finalization of a
criminal matter before a criminal court or administrative venue which has the
same acts or omissions as the conduct under review of the CON, in which case,
written notice should be sent to the student and SGC chair immediately. The CON
cannot guarantee licensure of a student who has any criminal charges or
convictions on their record that is determined by the Ohio board of nursing,
which has legal accountability for licensure.
(F)
Conduct of the
Hearing (for matters not involving conduct covered by rules
3364-50-01
and 3364-50-02 of the Administrative
Code)
(1)
The
hearing will be conducted as follows:
(a)
The chair of the
SGC will promptly notify the grievant, respondents, associate dean for academic
affairs, and the dean of the college of nursing of the date, time, and place of
the hearing and the committee members who will be present. The chair of the SGC
will appoint the members of the SGC committee, which committee will be
comprised of no less than two faculty members from the college of nursing, and
two student members in programs within the college of nursing and the
designated chair of the SGC. The chair should strive to make the hearing
committee an odd number of persons (adding two additional faculty members if
necessary). The committee members of the SGC will include those elected by the
college of nursing faculty. In the event that there is difficulty assembling a
full committee from the appointed members, either the chairperson or
co-chairperson of the committee may appoint substitute(s) that are unbiased
faculty or students to fill the vacancies. An appointed committee member who
perceives conflict or bias in a particular petition may also withdraw from
serving on the hearing after discussion with the chair of the SGC. The vice
chair will serve as chair if a conflict exists with the chair.
(b)
The student may
challenge the composition of the committee within twenty-four hours of the
notification of the member composition by the chair if there is a member with a
potential or actual conflict. If challenged, the chair may decide to appoint an
acceptable replacement taking into consideration the best interests of the
student.
(c)
Confidentiality will be maintained by all persons
involved in the SGC hearing and no discussion will be entertained outside by
the parties involved as to information, testimony, or recommendations of the
grievance process or hearing. This is an essential component of the grievance
procedure and due process. All specific information is kept within the
committee. Proceedings of the committee are to be kept in a secured file at the
college of nursing for seven years.
(d)
The student may
have a grievant support representative "GSR" attend the hearing and assist the
student. The role of the GSR is to provide emotional support and neutrality for
the student during the hearing process. This representative may be a faculty
member, a student, or an academic advisor. Attorneys and family members are
excluded from functioning in this role. In addition, the GSR may not be a
testimonial witness to the grievance. The student may proceed without a GSR,
but if the student wishes to have a GSR present at the hearing, the name of the
GSR shall be submitted in advance to the SGC chair. GSR is to remain quiet
during the hearing; and may only address the committee if requested by the
chairperson.
(e)
A student may wish to provide a witness if able to
provide supporting evidence that is pertinent to the grievance at hand. The
intent of a witness's testimony shall be submitted to the chair forty-eight
hours in advance of the hearing. The committee reserves the right to restrict
the testimony to those issues relevant to the grievance during the hearing. Any
witness is to be available outside the hearing room until called; to answer
specific questions; to leave the hearing room on completion of
testimony.
(f)
The student and the faculty member(s) involved,
including the faculty member who assigned the final course grade and program
director if appropriate, will be present during the grievance hearing, but not
during deliberations of the SGC committee. Persons attending the hearing will
be limited to the committee members, the appropriate faculty members, a GSR for
the student, witnesses to be called and a recorder.
(g)
The role of the
chair during the hearing includes:
(i)
Indicating the purpose of meeting and time limitations
of the hearing;
(ii)
Make introductions and identify role of each person in
attendance;
(iii)
Read brief statements of student's
petition;
(iv)
Direct the discussion;
(v)
Call and excuse
the witnesses;
(vi)
Allow for the making of final
statements;
(vii)
Excuse the student, GSR, Faculty members involved in
the assignment of the final course grade and witnesses;
(viii)
Facilitate the
deliberation and the preparation of the written
recommendations;
(ix)
Call for committee vote with the chair being a voting
member.
(x)
Submit recommendations to associate dean for academic
affairs.
(h)
Audio recording or transcription will record the
hearing to ensure accuracy of the information and proceedings. Committee
deliberation will not be part of the recording or be made a part of the
record.
(i)
Deliberations will be conducted in closed session by
SGC committee members only. Deliberations will be limited to data and testimony
collected during the hearing. If the committee wishes to review the transcript,
the committee deliberations may be suspended until the transcript is completed
for review. The chair will reconvene the committee. The evidence presented
during the hearing is to be weighed and conclusions of fact should be drawn and
a recommendation approved by majority vote. A written recommendation will be
based exclusively on the information received at the SGC
hearing.
(j)
The findings of fact and the written recommendation of
the SGC committee will be delivered by the SGC chair to the associate dean of
academic affairs within five business days of the hearing. The written report
may also contain suggestions for the college of nursing to consider with
respect to policies or procedures or improvements. The associate dean for
academic affairs will make a decision regarding the student's petition, which
will be upheld or denied and the student will be notified in writing within
five business days by personal hand delivery or by certified mail, return
receipt requested, with a copy to the dean of the college of nursing and the
SGC chair.
(G)
Appeal process
(for matters not involving conduct covered by rules
3364-50-01
and 3364-50-02 of the Administrative
Code)
(1)
A
written request for appeal may be made by the student to the dean of the
college of nursing "dean" and must be received within five business days
following the date of receipt of the written decision of the associate dean for
academic affairs by the student, or any further right to appeal is
waived.
(2)
The dean may review all applicable evidence presented
in the hearing.
(3)
After completing such review, the dean will ask for a
meeting with the student.
(4)
The dean will meet with the student to consider the
appeal only after the student is provided with at least five business days'
notice of the date, time, place of the hearing, and who will be
present.
(5)
The dean will review the information and may choose to
uphold, reverse, or return findings and decisions to the SGC hearing committee
or the associate dean for academic affairs for reconsideration of some or all
of their findings or decisions. The dean will provide the decision to the
student within ten business days of the filing of the appeal, unless
circumstances warrant additional time, with sufficient notice provided to the
student.
(H)
Pendency of action
Generally, implementation of dismissal
of a student from the college of nursing will be deferred until all the due
process hearing and time for appeals made by the student have been exhausted.
However, the dean of the college of nursing, the associate dean for academic
affairs for the college of nursing, the title nine coordinator or deputy title
nine coordinator may in his or her discretion impose interim suspensions and/or
restrictions on the student if the alleged conduct in any way concerns patient
or public safety (including faculty and other students), or to protect the
complainant or other members of the university.