As a student enrolled in a clinical laboratory technician, medical laboratory technician, or similar type of laboratory technician course, you know first-hand how important your internship will be to completing your studies and eventually working as a professional in that field. An internship or practical clinical experience is a key part of almost every laboratory technician's curriculum or training program. It helps you take your classroom learning and apply it in the kind of real-world setting that you can expect to experience after you finish your education. It also gives you the opportunity to learn by doing while being supervised and taught by experienced professional lab technicians.
This is why it can be so devastating to your career hopes if you're accused of committing serious misconduct at your internship. Depending on the situation, such an allegation could significantly delay or end your hopes of working as a lab technician, result in you being suspended or expelled from your school or training program, and affect your ability to secure a license to practice as a laboratory technician in your state.
The experienced attorneys that make up the Lento Law Firm Student Defense Team understand that. We know how stressful and upsetting it can be to learn that a misconduct complaint has been made against you, and we also know how important it is to respond to the complaint with a strong and effective defense. Contact us if you are facing serious discipline in connection with your internship; we can help!
What Kinds of Discipline can Clinical Lab Technician Students Encounter?
Because internships are almost always part of your school or training program curriculum, you can actually face multiple types of discipline if you've been accused of misconduct while working at yours. These include the following:
- Clinical Discipline. The laboratory where you are working almost certainly has its own employee handbook or some similar publication that describes what's expected of the people who work there. Even though you may "just" be an intern, you're probably expected to meet the lab's standards for employee behavior. If you don't, you may be disciplined just as any other employee would be. In the workplace setting, however, serious disciplinary violations are frequently dealt with quickly and harshly – by terminating the employee. There may or may not be an investigation, perhaps an opportunity to respond to the allegations, but because so many workers are employed on an "at will" basis – meaning without a contract that provides certain rights – employers are usually free to fire people for almost any legitimate reason, and employee misconduct is usually considered a legitimate reason. Being fired from your internship obviously can seriously affect your ability to complete your laboratory technician education. You'll probably have to find another internship and may have to explain why you lost your first one. That's where having the help of one of our experienced student defense attorneys can make a big difference. In some situations, our attorneys may be able to work with your internship employer to resolve the misconduct situation in a way that lets you keep your internship and continue on your path to graduation without interruption.
- School Discipline. Because internships are usually an integrated part of the laboratory technician curriculum, misconduct on the job might end up being reported to your school and treated as a school-related misconduct issue. Almost every school has its own student manual that describes in detail the types of misconduct that can result in a student facing discipline and what the process is to investigate and resolve misconduct claims. If your internship employer reports your alleged misconduct to your school, then in addition to whatever your employer decides to do, your school may also investigate and attempt to discipline you. In that kind of situation, the attorneys from the Lento Law Firm Student Defense Team can help you understand the charges against you and will help you investigate them and defend yourself in any school-related disciplinary proceeding. We have done this time and time again for students located all over the US, and our experienced attorneys know how to protect your rights and effectively defend you in these proceedings.
- State Licensing Discipline. Some states that license clinical laboratory technicians offer provisional or temporary licenses or permits to students who have not yet met all of the requirements for a full laboratory technician license in that state. By applying for and accepting one of these provisional permits, you also become obliged to follow the state's rules and regulations relating to professional behavior. If you're accused of on-the-job misconduct, you might also be reported to your state's licensing organization. Each state has its own procedures for investigating and resolving misconduct complaints. If you're disciplined by your state licensing agency, it could be very difficult for you to earn a full license in the future. The Lento Law Firm Student Defense Team understands how state licensing agencies work. Many of our attorneys also help professional license holders who are facing disciplinary proceedings involving their licenses, and that experience allows us to defend students who may find themselves in a similar situation involving their provisional permits.
- Membership Organization Discipline. As with most professions, there are organizations created to provide guidance, training, and support for their members. One that works on behalf of laboratory technicians is the American Society for Clinical Laboratory Science (ASCLS). The ASCLS has a "Developing Professional" membership category that is open to students. Members of the ASCLS are expected to abide by the organization's Codes of Ethics and Conduct, and those who don't can be removed from the organization permanently.
What Kinds of Conduct Can Result in Discipline?
Because internships take place in a real-world workplace setting, there are many types of misconduct that can result in a serious disciplinary situation. These include:
- Failure to follow procedures. Many clinical laboratory technicians work closely with samples drawn from medical patients. This means that there are serious confidentiality legal requirements connected with those samples and the information you create when you analyze them. You also are expected to analyze the samples in a clinically rigorous way so that the results are as accurate and reliable as possible. While as an intern, you aren't expected to be perfect, if you repeatedly fail to follow the instructions you receive from your supervisor or from your laboratory, you may be disciplined by your lab.
- Fraud. If you falsify results or deliberately take shortcuts in your analysis that threaten the integrity of your work, you can be accused of fraud. This can also apply in simpler ways, for example, if you don't accurately record your time.
- Sexual misconduct. If you sexually harass or assault another employee, you can be accused of sexual misconduct and disciplined accordingly. Because you are in a professional workplace, you will be expected to conduct yourself in a professional manner, and if you fail to do so, there may be serious consequences.
- Working while intoxicated. If you are working while under the influence of alcohol, marijuana, or prescription or non-prescription drugs, you may be disciplined. As a clinical laboratory technician – even as an intern – you are expected to bring your best self to the lab every day. If you show up intoxicated, you're not able to do that.
How are Misconduct Allegations Resolved?
As noted above, an employer may very quickly resolve a misconduct allegation by terminating your internship. In most other cases, and even in some employer cases, there may be an investigation and an opportunity for you to present your defense. While each company, school, licensing body, or professional organization may have its own particular way of resolving misconduct complaints, some of the typical steps are as follows:
- Initial investigation. This is a quick review of the complaint to make sure it's one that the organization handles. For example, a complaint from your employer that you're habitually 15 minutes late for your internship may not be one that your school would take action on.
- Detailed investigation. If the complaint is about misconduct that the organization regulates, it may conduct a more detailed investigation of the allegations. These might include interviewing you and the person making the complaint, talking with co-workers, supervisors, and others at your internship, and reviewing documents and files associated with the matter that's being complained about. If the investigation fails to find information to support the misconduct claim, the matter may end right here. Otherwise, it will likely move on.
- Charges and an offer to resolve. Based on the complaint and the information discovered in the investigation, you may be notified of specific charges that are being brought against you. In some cases, you may also have an opportunity to resolve these without a formal hearing. If you're given that opportunity, it can be enormously helpful to have the advice of one of the experienced student-defense attorneys who are part of the Lento Law Firm Student Defense Team. They can help you review the offer in the context of the information that supports it and can discuss with you whether it's better to accept the offer or decline it and move to the hearing stage.
- Hearing on the merits. This is a trial-like situation, usually with more relaxed standards, where witnesses and evidence are introduced against you by the disciplining organization and where you have an opportunity to cross-examine, bring your own witnesses, and introduce your own evidence in your defense. Having the help of one of the Lento Law Firm Student Defense Team's experienced attorneys can be a game-changer here; our lawyers understand how these proceedings work, and they can make sure your rights are respected and that you receive a strong and effective defense.
- Ruling. After the hearing, the judge or panel will make a ruling. If it's in your favor, the matter is over. If it goes against you, you may have an opportunity to appeal the decision to another court or administrative appeal body. In that case, our student-defense attorneys can help you decide whether to file an appeal and, if so, can help you make sure that it covers all of the issues in a clear and compelling way.
The Lento Law Firm Student Defense Team Can Help
If you have received a notice that a misconduct complaint has been filed against you in connection with your clinical laboratory technician internship, don't delay – contact the Lento Law Firm Student Defense Team today. There is usually a timeline that starts running as soon as you receive your notice, and our experienced student-defense team can help you make sure you don't miss any deadlines. In addition, they can help investigate the charges against you and find any evidence that might be useful in fighting those charges. If you're approached with an offer to settle the matter on consent, we'll help you evaluate that and make a decision whether to accept it or go to a hearing. And if a hearing takes place, we'll be by your side, making sure you're treated fairly, and will mount a vigorous defense on your behalf.
Call the Lento Law Firm Student Defense Team today at 888.535.3686, or reach out to us online to set up a confidential consultation. You don't want to face a disciplinary proceeding alone – and with the Lento Law Firm Student Defense Team by your side, you won't have to!
