McGovern Medical School is one of the largest medical schools in the US. It was established in 1969 and is part of the University of Texas in Houston. The school is affiliated with several outpatient facilities and inpatient hospitals, including Memorial Hermann-Texas Medical Centre. The school has trained more than 7,000 physicians since inception and has over 1,000 medical students, in addition to residents and fellows, at any given moment. It provides a diverse, collaborative environment to medical students and offers the best of medical education.
McGovern Medical School, like any premier school, has strict guidelines governing student behavior, professionalism, and performance. Violation of these guidelines can lead to punitive consequences, including dismissal.
There are many reasons why a student can be expelled or dismissed from medical school, including poor academic progress, ethics violation, failure to meet clinical standards, and so on. A dismissal or expulsion can severely hamper a student's academic record and career, since it is noted on their academic transcripts. If you or your student are facing dismissal, do not try to deal with it single-handedly; it could make things worse. It is best to consult an experienced attorney-advisor, who will take every possible step to protect your future. With an attorney-advisor by your side, you make it easier to navigate a complex and emotionally wrought situation and increase the odds of achieving a less harmful outcome in your disciplinary case.
Common Reasons For Dismissal
Any severe violation of school rules can lead to dismissal, but this doesn't mean that a violation will necessarily result in dismissal. However, it's important to note that several minor infractions are more likely to lead to dismissal than a single, more serious infraction. Behaviors that may lead to dismissal, especially if repeated multiple times, include academic or behavioral misconduct, unprofessionalism or violation of professional ethics, and even lack of or insufficient academic progress. For very serious actions, a dismissal may be issued even if it is a first offense.
Some of the most common reasons for expulsion are academic dishonesty, severe ethics violations, failure to progress, discrimination, and harassment.
Adjudication Process at McGovern Medical School
The investigation and disciplinary process for student conduct is spelled out in the Policies and Guidelines for Medical Students. It explains how violations are handled. According to the code of conduct, any complaint or allegations of misconduct will be investigated by the Dean, who will determine whether the charges have merit, and what sanction is appropriate in the case.
The Dean may contact a student or issue a summons in writing, giving the student at least 3 days of advance notice to discuss the allegations. If the student fails to show up to this meeting, the Dean may proceed with disciplinary action based on the information available to them.
Pending a hearing, the Dean may take Interim Disciplinary Action against the student, which can be reverted if the circumstances suggest it. The student will have an opportunity to respond to allegations and provide reasons for their behavior. Based on this explanation, the Interim Disciplinary Action against them may be removed.
In cases where the Dean is proposing sanction which involves suspension, academic sanctions, or expulsion, the school is required to provide a fair and impartial hearing in accordance with school policy. The student may choose to waive their right to the hearing procedures and appeal if they wish to. (These procedures do not apply in cases of sexual misconduct). If they do not wish to waive a hearing, it will take place as follows:
- After Interim Disciplinary Action has been taken, the student will have an opportunity to attend a hearing within 10 days after the interim disciplinary action was taken. The Dean may extend this 10-day period, based on the circumstances.
- The student shall be given at least 10 days written notice of the hearing. This notice will include the date, time, and place of the hearing, the name of the Hearing Officer, and a statement of the charge and evidence supporting the charges.
- For up to 3 days prior to the hearing, the student will have the chance to challenge the impartiality of the Hearing Officer or Officers, in writing. In response to this, the Hearing Officer or Officers may recuse themselves, and substitutes will be chosen.
- At the hearing, the student (and the school) will have the right to make an opening and closing statement, present testimony of witnesses and documentary evidence, cross-examine witnesses (as permitted by the hearing officer), and have an advisor present. The advisor may be an attorney or attorney-advisor.
- After the hearing, the Dean may recommend a sanction, which will be assessed by the Hearing Officer. The student will be allowed to respond to this recommendation. The final decision will be made by the Hearing Officer.
- Within 3 days of the hearing, the student will have access to a recording of the hearing, along with the documents received in evidence, any investigation report and supporting evidence, and the decision of the Hearing Officer. They will be able to appeal this decision.
Hearing processes are stressful and may include interrogations and cross examinations. Having an attorney-advisor by your side can be a huge source of support in such cases. The handbook says that students may be assisted by an advisor of choice, who may be an attorney. The attorney-advisor can help you present a strong defense and formulate questions for your cross-examination. Attorney-advisor Lento and his team at the Lento Law Firm can help you by prepping your defense, helping in your cross-examination, and trying to achieve the best possible outcome in your disciplinary hearing.
Appeals Process
Students may appeal the decision made at the hearing. Both the student and the Dean may appeal the Hearing Officer's decision. As per the handbook, an appeal must be received no later than 14 days after the sanction has been announced to the student, and must be in writing.
If the sanction meted out by the Dean is being appealed, the appeal will be reviewed solely on the basis of the written argument of the student and the Dean. If the Hearing Officer's decision is being appealed, it will be reviewed solely on the basis of the record from the hearing.
The Appeal Official may approve, reject, or modify the sanction or decision, and may even reopen the hearing. This decision shall be communicated in writing to the student and the Dean within 30 days after receiving the appeal. Once you receive a decision on your appeal, no further appeals are possible unless your advisor appeals to the Office of General Counsel.
Do not wait too long to contact an attorney-advisor. The outcome of a hearing and appeal may have a permanent impact on your career, and you should not try to get through it alone. A skilled attorney-advisor like Lento and the team at Lento Law Firm can help you minimize the sanction you receive, and obtain the best possible outcome for you.
Contacting A Student Defense Attorney-Advisor
If you are facing dismissal, do not think you have no options. Attorney-Advisor Joseph D. Lento and the Lento Law Firm Education Law Team can help you have a higher chance of getting a milder sanction or a better outcome than what you expected. Attorney-advisor Lento and his team have helped medical students across the country, and can help you avoid or minimize punitive action like a dismissal.
With attorney-advisor Lento and the Lento Law Firm on your side, you can put up a strong defense and minimize your chances of receiving a harsh sanction. If your hearing results in expulsion, the Lento Law Firm Education Law Team can help you put together a strong appeal and prevent your future from being ruined.
Contact the Lento Law Firm today or call 888-535-3686, if you or your child is facing dismissal from their medical school.
