As a medical student enrolled at the Edward Via College of Osteopathic Medicine in Blacksburg, Virginia, you have accomplished a lot just by the fact that you are a member of the school’s student body. You know how much work it took you to earn the grades and test scores to be accepted, and you also know that you still have a lot of work ahead of you. You also have a bright future ahead of you as a licensed osteopath, which is why it is so important for you to defend yourself if you are accused of a lack of professionalism while studying at VCOM.
The concept of professionalism is something that VCOM takes seriously – as do all medical schools across the US. It is a concept that extends throughout all aspects of the school curriculum, including its clinical portions. And while it is considered very important, it is also a concept that is not always clearly defined. Different individuals can have different ideas of what does and does not constitute professional behavior. As a result, allegations of unprofessional conduct can be inconsistent and unfair. The LLF National Law Firm’s Student Defense Team is here to defend you if you’ve been accused of unprofessional conduct at VCOM. Call us at 888.535.3686, or fill out or online contact form, and we will set up a confidential consultation to discuss your case.
The Meaning of Professionalism at VCOM
The VCOM College Catalog and Student Handbook devotes more than forty pages to the concepts of “Student Professionalism and Ethical Expectations.” When it comes to professionalism itself, VCOM notes that students are “held to the professional and ethical expectations of a future physician.” They are graded and evaluated on professionalism, both in the classroom and in the clinical setting. Professionalism is a specific component of a number of the course and clinical descriptions in the College Catalog and Student Handbook.
Descriptions of what exactly VCOM means by “professionalism,” however, are less clear. The “VCOM Student Code of Professional and Ethical Conduct” covers many different types of conduct, and uses the term “professionalism” to describe some of the types of professional conduct that students at VCOM are expected to exhibit.
For example, VCOM students are required to show “Respect for Others” by, in part, demonstrating “the highest standard of ethical and professional behavior.” The school’s “General Professional and Ethical Policies” require students to respect “academic freedom” by allowing others to express their “ideas and opinions,” provided the opinions are “aligned with professional and ethical expectations and behaviors consistent with those of a medical student and future physician.” Students should express their views “in a professional manner.”
VCOM also has a comprehensive dress code, which notes that “students are expected to dress and conduct themselves in a professional manner,” wearing clothing that is “appropriate for the professional academic environment.” Hair should “maintain a professional appearance.” Tattoos must generally not be visible, as they may be considered unprofessional.
There are also guidelines for interacting with patients and student peers in connection with performing examinations and osteopathic manipulation that note that they “should always be done in a respectful and professional manner.” Students are expected to “maintain professional conduct” in the laboratory setting, including while taking medical history, performing physical examinations, and providing any treatment. And students are expected to maintain “professional behavior standards” when interacting with faculty, other medical team members, medical staff, patients, family members, and others encountered in clinical settings.
There are some specifics provided when it comes to the professional behavior that VCOM expects of its students. These include:
- Making sure the student is fit for duty
- Properly managing the student’s time
- Assuring the safety and welfare of patients
- Taking appropriate action when the student is impaired
- Being aware of the “negative effects of sleep deprivation and fatigue” on their “ability to provide safe and effective patient care”
Notably, failing to report an arrest or criminal charge received while a student is also “considered as acting in an unprofessional and/or unethical manner.” And if a student tests positive for any illegal substance or unauthorized prescription drug they will also be considered to have been acting in an unprofessional manner.
VCOM lists a number of specific examples of “unprofessional or unethical behavior” that include:
- Entering VCOM facilities without permission or at inappropriate times
- Disrupting VCOM teaching, research, or administrative functions
- “Abusive or disrespectful conduct” towards faculty, staff, students, patients, or visitors
- Failing to appear before the Honor Code Council, Professional and Ethical Standards Board, Promotion Board, or meetings with administrators when called on to appear
- Disclosing patient confidential information without approval
- Too many unexcused absences
- Making unwanted or improper sexual advances
Reporting Unprofessional Conduct at VCOM
Reports of unprofessional conduct that do not fall under other categories – such as academic misconduct or Title IX misconduct – will generally be reviewed and resolved by VCOM’s Professional and Ethical Standards Board. There are specific procedures in place in cases where a student’s conduct has been referred to the PESB. There will generally be some sort of investigation, which may result in a conclusion that the matter should be forwarded to the PESB. When that happens, and the PESB decides to move forward with proceedings, the accused student will be notified in advance of the time, date, and place of the proceeding to review the accused conduct; and a “clear and concise” statement of the accused misconduct.
In more serious cases, the student may have the opportunity to have the matter decided by a three-person panel appointed by the dean, or solely heard and decided by the dean. The dean may decline to hear a case, in which case the student may choose from the three-person panel or the PESB>
The student will be able to respond to the allegations in writing before the hearing. This is an area where the LLF National Law Firm’s Student Defense Team can be enormously helpful. A comprehensive response to misconduct allegations can include a detailed description of the evidence in the accused student’s favor as well as an analysis of the weaknesses of the allegations made against the student. Our attorneys regularly prepare these types of submissions for our student clients, and in many cases these can be very effective in terms of showing the PESB that the student has a strong and effective defense to the allegations made against them.
At the hearing, the student can testify on their own behalf and present up to four witnesses to do so as well. While they cannot have legal counsel at the hearing, they can have an advisor from VCOM with them. Your attorney from the LLF National Law Firm’s Student Defense Team can work with the student and the advisor to prepare for the hearing so that the defense is as effective as possible given the facts of the particular case.
In cases where the matter is not resolved in favor of the student, the PESB, three-person panel, or dean (as the case may be) has a wide range of options when it comes to sanctions. They can range from a warning, to probation, to a suspension, to dismissal. While appeals are possible, the reasons for an appeal are limited.
The LLF National Law Firm Can Help Resolve Professionalism Issues
If you are facing accusations of unprofessional conduct while enrolled at VCOM, you need a strong advocate who has helped other students in similar cases. The LLF National Law Firm’s Student Defense Team is here for you, ready to help. Our experienced attorneys regularly represent students at the collegiate and graduate school level – including medical school – who have been accused of a wide range of misconduct. We understand the legitimate concerns that medical schools have when it comes to teaching and maintaining professional behavior, but we also know that the concepts of what constitutes unprofessional behavior are not always clear.
We are here to fight for you and your future. Contact us as soon as you learn that you’ve been accused of unprofessional conduct so that we can get to work building your defense. You can reach the LLF National Law Firm’s Student Defense Team at 888.535.3686, or by filling out and submitting our online contact form.