The University of Texas Medical Branch at Galveston (UTMB) is a public university on a mission to provide accessible, affordable, and high-quality health care for the residents of Texas. The school offers degrees in medicine, dentistry, nursing, allied health professions, and biomedical sciences through its five academic colleges: College of Basic Sciences; College of Clinical Sciences; College of Graduate Studies; College of Pharmacy; and College of Nursing. The school also offers several master's degree programs and Ph.D. programs through its Graduate School.
Every UTMD has made sacrifices and worked hard to achieve acceptance into the program. If you are facing dismissal from the program or appealing a dismissal decision, you are likely distraught and feel hopeless. Fortunately, Attorney-Advisor Lento and the Lento Law Firm Education Law Team are skilled advocates who routinely work with medical students and other graduate students to carve a path forward for their academic success.
Common Reasons for Dismissal
There are a variety of reasons why students may be expelled from UTMD. An in-depth review of the school's policies may be found in the school's Institutional Handbook of Operating Procedures (IHOP).
Some reasons for investigation and expulsion may include:
- Academic misconduct such as cheating, plagiarism, collusion (the "unauthorized collaboration with another person in preparing academic assignments,), etc.
- Prohibited conduct such as the illegal use/possession of substances, threatening the health or safety of others, hazing, bullying, etc. Prohibited conduct also encompasses sexual misconduct.
- Lack of Academic Progression as measured by failing grades in courses, practicums, exams, etc. Lack of progression may also be due to chronic tardiness, absences, etc.
The Adjudication Process
Adjudication is the process by which a grievance is heard and decided. Essentially the hearing board will review the allegations and evidence presented against you as a student and decide the outcome of your case. The adjudication process for each type of misconduct varies slightly but largely consists of the same phases, all of which can be found in the IHOP's section entitled "Student Conduct and Discipline."
The Adjudication Process typically follows the following timeline:
- Investigation of the alleged incident(s).Before a dismissal is adjudicated, UTMB will assign a Student Affairs Officer (the "officer") to conduct an investigation. The officer may send you a notice that they would like to discuss the allegations in person. If you fail to appear for this meeting without good cause, your enrollment in the program may be suspended until the meeting takes place.
- Review of evidence and determination of sanctions.If the Student Affairs Officer determines that they will proceed with disciplinary matters, they will provide you with the opportunity to respond to the charges and proffer any supporting evidence in your favor.
- Final report. After the investigation, the officer will produce a written report summarizing the matter. The report may indicate that the disciplinary charges are dropped or will include detailed information about the student's next available steps.
- Adjudication/hearing of the facts. If you dispute the facts upon which the charges are based, you are entitled to a hearing. At the hearing, both sides may ask questions and offer evidence in support of their position. The hearing panel will likely consist of three faculty members who are selected by the Provost.
- Disposition by the administration. If you do not dispute the facts, you can waive your right to a hearing and agree to the sanctions. Sanctions do not always include dismissal and may include other retributory actions such as suspension, failed courses, etc.
The Benefits Of Having Attorney-Advisor Lento At Your Hearing
Attorney-Advisor Lento can help you prepare for the hearing by ensuring that you understand the nature of the charges against you and that you are thoroughly prepared to answer the questions you may be asked. Attorney-Advisor Lento will work with the Lento Law Firm Education Team to review all communications between you and the school, assist you in drafting your written responses, and collect evidence that can be presented on your behalf.
At the hearing, Attorney-Advisor Lento may pose questions on your behalf, help you present and respond to evidence, and help you gather notes that will be helpful in the case of an appeal. Finally, Attorney-Advisor Lento and the Lento Law Firm Team can also argue to reduce the sanctions you may face. For example, he may argue that a lesser disciplinary action, such as suspension or failed course is more appropriate.
The Appeals Process
You may already be past the point of adjudication and facing dismissal. Even if you were dismissed, you could still appeal the hearing committee's decision. Even if you attended the hearing alone and have not had any assistance up until this point, Attorney-Advisor Lento and the Lento Law Firm Education Law Team can still help you examine the record to determine if you missed any critical evidence along the way, whether the hearing was conducted impartially and fairly, and whether you have a strong case for an appeal.
The steps for a UTMB appeal are outlined on the school's appeal page. Students who wish to appeal a dismissal determination should take the following steps:
- Email a request for appeal to the appeals committee, currently using the email address [email protected].
- If the committee denies your appeal, you may appeal that decision to the Academic Review Committee by using the current email address [email protected]. This request must be submitted within 5 business days after the date on the official notification letter from the Academic Progress Committee.
- If the Academic Review Committee also denies that appeal, you may appeal that decision to the dean of Medicine within five business days after the date on which you received the official notification letter. The dean of medicine may currently be reached using the email address [email protected]
- If the Dean of Medicine also upholds the dismissal, then no further appeals are allowed. However, if the Dean of Medicine reverses the appeals, your case will return to the Academic Progress Committee, which will determine the amount of remedial work required.
Although the thought of pursuing an appeal when you have already gone through the traumatic experiences of an investigation and hearing may seem obsolete, have hope! If you have worked this hard to obtain acceptance into UTMB, it is worth pursuing every possible avenue to ensure that you can complete your degree.
Contact Attorney-Advisor Lento Today for Effective Guidance on Your UTMB Adjudication or Appeal
As a medical student facing dismissal, you may feel as though the dream you have worked for your entire life is now out of reach. However, with the assistance of experienced Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Law Team, you will be equipped to challenge UTMB's investigation and determinations. If the sanctions and hearing ultimately result in dismissal, Attorney-Advisor Lento will help you strategize a strong appeal within the prescribed timeline before the results of the dismissal become permanent.
If you or someone you love is facing dismissal from UTMB, contact us by calling (888) 535-3686 or by using our online contact form.
