Is “Unprofessionalism” a Pretext for Disability Discrimination in Medical School?

A lawsuit filed in Chicago by a dismissed fourth-year medical student alleges disability discrimination and a failure to provide reasonable accommodations. This case highlights the concerning trend of using allegations of unprofessionalism to discipline medical students. The student involved had been taking medication for a medical condition and sent an email while experiencing unexpected side effects. Students who are disciplined for perceived unprofessional behavior are often going through a crisis or having a mental health challenge. Upon closer examination, it becomes evident that medical schools misuse their authority and are aided by limited oversight or review of their disciplinary processes.

If you are a medical student experiencing disability discrimination, a failure to accommodate, or disciplinary charges, the LLF National Law Firm can help. Call our Student Defense Team at 888-535-3686 or provide your details online.

The Subjective Nature of Charges of Unprofessionalism

Medical schools often label behaviors they find uncomfortable as “unprofessional.” Given that these accusations can lead to expulsion, one might assume that students receive clear guidelines about what constitutes unprofessional conduct. However, many medical schools only provide limited explanations of unprofessionalism, often using aspirational language. The definitions are often so subjective that they lack practical meaning in academic and medical contexts.

Students are told that professionalism includes qualities like “truth, honesty, and concern for the patient.” Still, there is little to no guidance on the specific real-life behaviors or social media posts that could result in dismissal from the program.

This Subjectivity Allows Medical Schools to Misuse Charges

The highly subjective nature of allegations of unprofessional conduct means that they can be used to justify improper or illegally motivated conduct, such as:

• Charging conduct caused or related to a disability as misconduct.
• Imposing a disproportionate penalty on relatively minor misconduct to justify dismissal from medical school.
• Avoiding accountability for these actions by hiding behind “academic judgment.”

In this way, medical schools can completely sidestep allegations of disability discrimination and failure to accommodate.

Disability Discrimination and Unprofessionalism Charges

Medical students have protections against disability-based discrimination under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). Medical students have a right to disability accommodations under the same law. While the law recognizes that unfair treatment is illegal, the culture of medical school is rife with disability discrimination. This discrimination is particularly problematic for students with mental health disabilities.

Charges of unprofessionalism are disproportionately used against medical students with disabilities. These charges can be used to justify removing a student and to eliminate the costs and inconvenience of accommodating a disabled student.

How the LLF National Law Firm Can Help

For students experiencing disability discrimination, an experienced student-defense attorney must be involved early in the process. Particularly when nebulous charges, such as unprofessional behavior, are alleged, the student must establish the charges’ pretextual nature and the need for accommodation. They must also send a clear message that you will not allow the medical school to hide behind ideas like academic judgment and will demand your due process rights.

The LLF National Law Firm has a proven track record of defending medical students against all types of disciplinary actions, including charges involving disability discrimination. Call our Student Defense Team at 888-535-3686 or provide your details online.