In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Ross University School of Medicine (RUSM) in Barbados is an excellent alternative for students who seek options beyond medical schools on the mainland. However, being a student at RUSM is both a privilege and a responsibility. Students who cannot complete the required program within 225 weeks can be subject to dismissal for failure to progress. Medical students are expected to show academic excellence and professional and ethical conduct while in school. Violations of the code of conduct as set out in the 2023-24 RUSM Student Handbook are grounds for discipline, which can include possible dismissal. RUSM delineates grounds for sanctions or dismissals under the school's Code of Conduct, AMA Ethical Principles, RUSM's Technical Standards, and its Honor Code. A dismissal proceeding has serious consequences for a professional career in medicine. Being subject to a dismissal action calls for the help of professional attorneys experienced in student discipline defense.
If you are subject to a dismissal proceeding or appeal at Ross University School of Medicine, our offices can negotiate with Ross University's Offices of General Counsel. Do not delay and contact the Lento Law Firm Education Law Team at 888.535.3686.
Adjudication Process and Timelines
Students who are found to have committed misconduct may be subject to disciplinary sanctions. Any person at RUSM or the university itself may allege misconduct in a report directed to a conduct administrator. If the report is actionable, then a complaint is filed against a student, now identified as the Respondent. The conduct administrator will then do an investigation to determine if the claims in the complaint have merit. The timeline for filing a complaint should be as soon as possible after the alleged misconduct.
Decision Authorities
A conduct administrator or a Grievance Committee may conduct hearings on Code of Conduct complaints. A conduct administrator may also resolve issues informally between the complainant and the respondent through a mediation process, except in cases of sexual misconduct.
Title IX matters involve unlawful harassment, discrimination, sexual misconduct, and retaliation matters. A Title IX Coordinator is assigned with the job title of Manager of Student Support. This person is the designated recipient of any Title IX-related report and is charged with processing any Title IX complaints through a review and enforcement procedure. Title IX reports may be made against any member of the RUSM community.
Hearings by Conduct Administrator or Grievance Committees
A hearing may be held individually by the conduct administrator or by a three-person Grievance Committee. The Respondent must be notified in writing of all hearings. The hearing will be scheduled after the Respondent's answer. If the Respondent does not file an answer after five business days, the hearing will proceed at the scheduling discretion of the conduct administrator. If the Respondent or Complainant believes any hearing officer has a conflict of interest, those issues must be addressed prior to the hearing.
Hearings are held in private, and the Complainant and Respondent have access to all records and information. Any party or attendee at the hearing may have access to a personal advisor, including an attorney. However, that advisor is not permitted to present evidence at the hearing. All records, exhibits, and statements in writing may be accepted as evidence. The University, the Complainant, and the Respondent may all present evidence. Witnesses can be subject to cross-examination. All questions of procedure are subject to the decision of the conduct administrator or Grievance Committee chairperson. A hearing will proceed even if the Respondent or Complainant does not appear at the hearing.
The conduct administrator or the Grievance Committee will deliberate in private regarding whether the Respondent should be sanctioned or dismissed based on violating the Code of Conduct at RUMS. If the hearing is held by the Grievance Committee, it will be determined by a majority vote. The determination is based on a Preponderance of the Evidence Standard, meaning it is more likely than not that a Code of Conduct violation occurred.
A single record of all hearings before a conduct administrator or Grievance Committee will be created that is the property of RUSM. The Respondent's academic file will also contain any suspensions or non-academic dismissal. The conduct administrator will notify the Respondent and, when appropriate, the Complainant of the outcome of the hearing. A determination letter will be issued. Decisions reached by the conduct administrator or a Grievance Committee are considered final decisions and may be appealed.
Hearings by Decision Maker
For Title IX matters, if the Title IX Coordinator does not resolve the matter in a private hearing, or informal resolution such as mediation, then the matter may proceed to a more formal hearing. Live Title IX hearings are facilitated by a designated Decision Maker selected by RUSM's Office of Equity and Access and consists of a panel of at least three members. Extensive privacy and rape shield considerations are in place to protect victims.
Range of Sanctions for Misconduct
For Code of Conduct complaints, depending upon the nature, context, and severity of an incident and other factors, sanctions for misconduct can range from non-academic probation to expulsion. Decisions are reached by a majority vote of the Grievance Committee or by the conduct administrator.
Sanctions may be imposed on an interim basis, during which time the respondent may be denied access to RUSM facilities. Non-contact orders may be installed to prevent violation of code of conduct requirements. In Title IX matters sanctions might include such actions as restricting a student's or colleague's access to campus or enforcing the withdrawal of a student.
Appeals Process
A final decision may be appealed. Appeals are addressed to the person in the determination letter within seven days from the date of the appeal party's receipt of the determination. All appeals are sent by email. Appeals are limited to a review of the hearing record unless there is a basis for new evidence. An appeal may also determine whether a hearing was administered fairly, with reasonable time for a Respondent or Complaint to present and rebut evidence. An appeal may further review whether the decision reached was based on reasonable evidence to support a Code of Conduct violation. If new evidence not known or available at the time of the hearing is discovered, it can be considered on appeal to see if it is sufficient to change the decision or sanction. The decision on appeal will either grant the appeal or remand the case back to the appropriate conduct administrator or Grievance Committee to act in response to the appeal. If the appeal is denied, the original decision at the hearing is upheld and final. A Title IX appeal must be submitted to the Title IX coordinator within ten days of the written determination.
If you are subject to a dismissal proceeding or appeal at Ross University School of Medicine, contact the Lento Law Firm Education Law Team at 888.535.3686.
