Title

Hearings and Appeal Procedure

Information Gathering

In the event that a matter is referred to the APPRC for evaluation and recommendation, the APPRC has the authority to gather information concerning the matter to assist with its deliberation and evaluation of the matter in the context of the learner’s academic performance and overall professionalism. The APPRC may convene meetings for any purpose including assisting with preparation for the APPRC hearing.

Meeting with Learner and Confidentiality

All learner meetings are conducted in private. During the meeting with the learner, the learner is advised of the information that forms the basis of the inquiry or allegation; the learner then has an opportunity to respond to the information presented. The learner may have an individual present to provide support and advice; however, that individual may only advise the learner and may not address the APPRC member(s) directly or examine or cross-examine witnesses. The learner does not have the right to be represented by an attorney, and no attorney shall be permitted to attend the meeting on the learner’s behalf or in any other capacity. The APPRC allows witnesses to the incident, if any, to present pertinent information at the meeting with the learner. The chair has the authority to exclude witnesses who provide redundant or duplicative information. Character witnesses shall not be permitted to testify at hearings. If witnesses make presentations at any hearing, the learner shall be entitled to pose relevant questions to such witnesses. The APPRC considers the information it has gathered, and any additional information provided by the learner and makes written findings of fact and recommendations based upon its assessment of the information presented. Such findings and recommendations shall be provided to the program director within 10 business days of the conclusion of the hearing.

Quorum and Voting

A quorum consists of at least three voting members of the APPRC. A recommendation is adopted when approved by a simple majority of the members present. A recommendation to dismiss a learner from the MS-PAS program must be approved by three-fifths of the entire APPRC.

Record of Hearing

Written decisions serve as the official records of a hearing.

MS-PAS Learner Evaluation and Promotion Committee Recommendations.

The APPRC makes one or more of the following recommendations regarding the disposition of a matter of professional fitness considered by the Committee:

  • Find that the matter does not warrant action;
  • Issue a written reprimand or warning;
  • Allow the learner to repeat or otherwise remediate academic deficiencies;
  • Allow the learner to continue on a modified academic schedule;
  • Refer the learner for counseling or psychological evaluation;
  • Place the learner on probation with such conditions as deemed appropriate;
  • Suspend the learner or place the learner on leave of absence for a specified time or until specific conditions are met;
  • Suspend the learner for a period of time;
  • Dismiss the learner from the MS-PAS program.

The APPRC may recommend to the program director removal of a learner’s probation once the learner has fulfilled the conditions of probation.

Responsibilities of the Program Director

The APPRC’s recommended action steps are reviewed by the program director for, among other things, logistical viability (faculty workload, support services, etc.). The program director either accepts, amends, or rejects the plan. The APPRC findings and recommendations with modifications, if any, are sent to the affected learner within 5 business days of the program director’s receipt of the APPRC’s written report notifying the learner of the proposed findings and recommendations. A learner may schedule an appointment with the program director to discuss the proposed findings and recommendations prior to the program director making them final. The appointment must be requested in writing and received by the program director no more than 3 business days after the learner receives written notification of the proposed findings and recommendations by the APPRC. If a meeting is requested, it will take place promptly. Within 5 days of the meeting between the program director and the affected learner or within 8 days of notice to the learner if no meeting is requested, the program director finalizes the written findings and recommendations and provides notice to the learner of the same and forwards the written findings and recommendations to the Dean of the Health Services and Human Performance for review. The Dean reviews the findings and recommendations and affirms or amends the findings and recommendations. Once the Dean has affirmed or amended the program director’s findings and recommendations, the learner is notified by the program director.

Learner Appeals

A decision of the Dean of the Health Services and Human Performance may be appealed for the following reasons:

  • There has been a violation of the learner's due process rights as outlined in the hearing procedures above;
  • The severity of the sanction is not justified by the nature of the misconduct;
  • New, relevant information not available during the earlier proceedings is made available, and the new information could have substantially affected the outcome of the hearing.

The appeal must be in writing, specify in detail the alleged procedural impropriety, and must be filed in the Office of the Provost within 14 calendar days of the date of receipt of the Dean's decision. The provost, or a designee, shall review the appeal and the record of the formal hearing and issue a decision. The decision of the Office of the Provost is final agency action.