The East Tennessee State Quillen College of Medicine (Quillen COM) had a difficult road to establishment, and its students are known for their grit and determination to succeed. Much is expected of physicians in our society, and these students understand that they are willing to work hard. Unfortunately, medical schools can use standards of “professionalism” to discipline students for nebulous concerns. They may also allow faculty and administration to discriminate or treat students unfairly. Answering these allegations can be challenging, as the charges themselves are often subjective and ambiguous.
If you face charges of unprofessionalism at the Quillen COM, the experienced attorneys at the LLF National Law Firm Education Law Team can help. The LLF National Law Firm has a proven track record of representing medical students facing all types of disciplinary proceedings, and we know how to present cases to maximize the likelihood of a favorable outcome. Contact us today at 888-535-3686, or fill out our online form.
How Quillen COM Defines Unprofessionalism
The Quillen COM defines professionalism as encompassing the following areas:
- Appropriate attire and appearance.
- Reliability.
- Motivation.
- Responsibility.
- Ability to accept instruction.
- Integrity.
Reporting of unprofessional behavior by students is encouraged at the Quillen COM and can be done through the online filing of a form. For a student’s behavior to warrant dismissal, it must be “not in keeping with the standards of the medical profession” or deemed “detrimental to the individual student, other students at the school, patients, or society at large.” This standard is so vague and open to interpretation that it could apply to nearly any type of misconduct or merely boorish behavior. The description of expected behavior is unclear and could be used to dismiss a student who is simply not favored by the administration. More concerning is that this ambiguity can lead to discrimination and unfair treatment of specific students.
Examples of Unprofessional Behavior at Quillen COM
The following are provided on the Quillen COM Unprofessional Report Form as examples of unprofessional behavior:
- Inappropriate disclosure of patient information.
- Dishonesty in communications.
- Failure to show respect for diversity or discrimination.
- Failure to show sensitivity to the patient or the patient’s family.
- Failure to dress appropriately.
- Being late to required activities or leaving early.
- Failure to establish and maintain boundaries in relationships.
- Being uncooperative or manipulative.
- Failure to accept constructive feedback gracefully.
- Failure to show integrity.
The form allows students, faculty, and staff to report “other problematic or unethical behaviors” in an open narrative box. The obvious problem with this recitation of high standards is that nearly everyone will show the described behaviors at some point. Further, many of the terms used, including dishonesty, integrity, and sensitivity, are highly objective and ambiguous.
Procedures For Charges of Unprofessionalism at Quillen COM
The Student Promotions Committee hears complaints of unprofessionalism and may recommend that students receive reduced schedules, leaves of absence, probation, mediation, or dismissal. The following procedures apply to charges of unprofessionalism:
Step One – Student Written Response and Request for Hearing
After a recommendation for dismissal, the student is given the opportunity to respond in writing and to request a hearing. This written response should set forth the student’s position regarding the allegations of unprofessionalism. If the student believes that discrimination or unequal treatment played a role in the allegations of unprofessionalism, they should include this defense in the written response.
Step Two – Hearing
A student must be given a reconsideration hearing prior to dismissal from the Quillen COM. The student will typically appear before the Committee to respond to the charges, and they may be accompanied by an attorney or advocate. A student may present evidence in support of their position, including witnesses and documentation.
Step Three – Committee Decision
Following the hearing, the Committee will meet privately and decide on a recommendation. If the decision to dismiss the student is upheld, the Committee will forward their decision to the Dean of Medicine. Additionally, the Committee may make other recommendations, including:
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Recommend that the student be forced to take a leave of absence.
If the Committee feels the unprofessionalism issues are due to “resolvable circumstances,” it may recommend a leave of absence. The student can either accept or contest this recommendation. If the student contests, the Committee must schedule another hearing to address the issue. -
Recommend the student be placed on a reduced schedule.
The Committee may recommend that a student be placed on a reduced schedule to help address issues. The student can accept or contest this recommendation. If the student contests, they must be given a hearing to explain why this remedy is not proper or helpful. If the Committee upholds the reduced schedule, keep in mind that time limits to complete studies still apply. -
Recommend Remediation Plan
The Committee may formulate a remediation plan for the student. This typically requires the student to take an exam or course, or to receive individual counseling or tutoring. However, the Committee has the power to recommend that the student repeat a course or an entire year. -
Place the Student on Probation
The Committee has the authority and power to place a student on academic probation.
While the Committee has the power to enforce a remediation plan or a period of probation, other actions (dismissal, leave of absence, or reduced schedule) must be taken by the Dean. So in those instances, the Committee will forward its recommendations to the Dean. A student may contest these recommendations by requesting reconsideration.
Step Four – Request for Reconsideration
If a student disagrees with the Committee’s recommendations, they may request a reconsideration hearing. A request for reconsideration must be made within 14 days of the original Committee decision. The Committee would then schedule a hearing and decide on the request for reconsideration.
Step Five – Appeal to the Dean of Medicine
A student may appeal to the recommendations of the Committee to the Dean of Medicine within 14 days of the recommendation or denial of reconsideration. The Dean will decide on dismissal, a reduced schedule, a leave of absence, remediation, or other recommendations from the Committee.
Step Six – Appeal to the Senior Vice President for Academics
If the student is dissatisfied with the Dean of Medicine’s decision, they may appeal to the Senior Vice President for Academics. This appeal must be made within 14 days of receipt of the Dean’s decision. This appeal will generally focus on the lack of fairness or proper due process in the Committee’s procedures and actions.
Protecting Your Rights
If you face a medical student appeal, it is vital that you have an experienced education attorney on your side. The LLF National Law Firm Education Law Team has a track record of success defending medical students in all types of actions nationwide. Call the LLF National Law Firm at 888-535-3686 or fill out our online form, and we will contact you.