The University of Texas Rio Grande Valley School of Medicine (UTRGV SOM) plays a vital role in providing essential medical personnel and services to Texas and the surrounding region. Due to its significance to the Rio Grande Valley, students at UTRGV are held to high standards. These standards are outlined in the Code of Professional Conduct, which all students are required to sign. While maintaining high standards is crucial for training future physicians, there are concerns that medical schools may misuse “professionalism” policies to discipline students on arbitrary or vague grounds. The UTRGV SOM Code of Professional Conduct contains considerable aspirational language and is written in broad, subjective terms. This can lead to attempts to settle personal grudges or animosity under the guise of charges of unprofessionalism. Often, these allegations are framed in a way that makes them difficult to contest or address effectively.

If you face charges of unprofessionalism at UTRGV SOM, 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 Code of Conduct or unprofessionalism charges. Contact us today at 888-535-3686, or fill out our online form.

How UTRGV SOM Defines Unprofessionalism

UTRGV SOM Code of Professional Conduct defines professionalism as encompassing the following three main areas:

  • Promotion of an honest and effective learning environment.
    • No discrimination or harassment.
    • No demeaning language or behavior.
    • No lack of respect for “life and living things.”
    • Honesty and “professionalism.”
    • Appreciate the value and dignity of the individual in the learning process.
  • Emphasis on the health and welfare of patients.
    • Display respect and compassion to patients.
    • Foster and preserve trust.
    • Maintain confidentiality.
  • Professional manners.
  • Honesty, openness, and evenhandedness
  • Personal hygiene and appearance.
  • Avoid deception.
  • Do not allow personal conflicts to interfere with professional relationships.
  • Disclose or report colleagues with concerns about professionalism or patient care.

This Code of Professional Conduct is written in highly aspirational language (“respect for life and living things”). The unfortunate truth is that every person at the SOM will likely fall short of these high aspirations in some respects every day. This is problematic because such language invites misuse. That is, charges of unprofessionalism can be used to settle scores with rivals or to humble students viewed as arrogant or egotistical.

Examples of Unprofessional Behavior at UTRGV SOM

While the UTRGV SOM Code of Professional Conduct sets the standards very high, it does not provide any helpful guidance on what actual behavior might constitute unprofessionalism. However, the policy states or implies that the following are violations:

  • Violation of patient confidentiality.
  • Demeaning or abusive language.
  • Discriminatory behavior or harassment.
  • Showing disrespect to a patient.
  • Showing disrespect to a colleague or instructor.
  • A conflict of interest in patient care.
  • Making a false or deceptive statement or note regarding a patient.
  • Being disruptive in the learning environment.

While some alleged violations may be described in clear, objective terms (e.g., patient confidentiality or making a false note), other instances are difficult to define and describe. When policies are written in aspirational language, charges of violating them also tend to be couched in vague, subjective, or ambiguous language. This can make it exceedingly difficult to answer an allegation when the exact nature of the conduct at issue has not been made clear to the student.

Procedures For Charges of Unprofessionalism at UTRGV SOM

Although the source of reports of unprofessional behavior varies, the following are the procedures for unprofessionalism allegations at UTRGV SOM:

Step One: Report of Concern

In general, allegedly unprofessional behavior by a student becomes an issue if it is witnessed by a module, clerkship, or course director or is otherwise noted by staff with whom the student interacts. However, concerns of potentially unprofessional behavior may be reported to a director by anyone.

Step Two: Discussion with Director

A course, module, or clerkship director who witnesses unprofessional behavior or receives a report of it should first discuss the issue directly with the student. If the director believes the incident warrants a note, they will document it in an Early Concern Note.

Step Three: Early Concern Note (or note in evaluation)

The director or other individual with an issue may submit an Early Concern Note to the Associate Dean for Student Affairs, who will meet with the student to discuss the report. The student may respond to the Early Concern Note in writing, and the response will be kept with the Note. These Early Concern Notes may not be made anonymously. The Associate Dean may make recommendations regarding the note, which are not binding.

Step Four: Second (or Subsequent) Early Concern Note

If the Associate Dean for Student Affairs receives a second Early Concern Note regarding the same medical student, both the first and second Notes will be forwarded to the SOM Academic Affairs Operations Committee (AAOC). The AAOC may determine that urgent action is needed and may seek sanctions. If a third or subsequent Early Concern Note is received for the same student, the Associate Dean will report it to the Medical Student Evaluation and Promotions Committee (MSEPC).

Step Five: Medical Student Evaluation and Promotions Committee (MSEPC) Hearing

The MSEPC may schedule a hearing to discuss possible dismissal or other sanctions with the student. The MSEPC may decide to take no action or impose sanctions. If the MSEPC takes action regarding the Early Concern Notes, it will be noted in the MSPE. The Committee may also note a professionalism remediation program on the transcript of the student in question.

It is important to note that these types of professionalism flags in a student’s file, whether in the transcript, course evaluations, or the MSPE, can have negative consequences for the medical student’s future residency and career. Even very innocuous incidents may lead to a student being labeled or branded as problematic.

Protecting Your Rights

If you face a medical student appeal, you should 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.

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