Allegations of racism or discrimination can derail a medical student's education and future career faster than you can say “free speech.” It helps to know your school's conduct policies, but if you do find yourself accused, don't try to go it alone.

Medical Student Dismissed from CHSU

Medical student Nicholas Sciaroni was dismissed from California Health Sciences University (CHSU) after multiple students accused him of, and the school judged him responsible for, making racist and discriminatory comments. On Dec. 13, 2021, he filed suit against the school claiming it had violated education laws for dismissing him for the comments, which he argued were protected speech.

How is it possible a school could dismiss a student over something he said?

You may think your First Amendment right to free speech means you can say anything you want without fear of consequences. Whether it does or it does not is beside the point because your college or university has its own set of rules (which it may not even play by without professional help and oversight).

School Policies on Harassment and Discrimination

At CHSU, any form of harassment or discrimination on the basis of race, color, national origin, or ancestry is prohibited. Harassment is defined as “unwelcome verbal, visual or physical conduct creating an intimidating, offensive, or hostile work or educational environment that interferes with a person's work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile or offensive.”

The policy further explains that harassment can be verbal, graphic or physical conduct “that denigrates or shows hostility or aversion towards an individual because of any protected characteristic.”

What if the alleged victim chooses not to file a complaint? It doesn't matter. CHSU encourages anyone who observes or has knowledge of the behavior to report the incident.

You will find similar policies against discrimination and harassment at almost every institution of higher learning in this country, including Yale, Stanford, U.T. Austin, and the University of Notre Dame. 

Protected Free Speech or Grounds for Medical School Disciplinary Action?

Unlike medical schools outside of California, however, CHSU's policies are complicated by the fact that California, unlike every other state in the United States, has additional protections for students and their right to free speech. This law is known as "Leonard's Law".

California's Leonard Law is a statute created in 1992 which gives students at private colleges and universities, including students at private medical schools such as CHSU, additional free speech rights they can assert against their own institution. Leonard's Law is of course nuanced, in addition to the circumstances in which a medical student may find themselves accused of wrongdoing, but in short, a medical school such as CHSU cannot use a student's speech alone as the sole basis for disciplinary action against the accused student.

You Don't Have to Face These Allegations Alone

Anyone in medical school, not to mention their parents, has already invested many years and tens of thousands of dollars to get to that point. But the dream of becoming a doctor can vanish like a cloud of smoke in the face of disciplinary or professionalism infractions.

Whether you have just learned of an investigation against you, you are already facing a hearing at your college or university, or you want to appeal your school's decision, having an attorney with a successful track record of helping medical students get the due process and fair treatment they deserve will significantly improve your chances of a positive outcome.

Nationwide medical student discipline defense attorney Joseph D. Lento can advise you how best to proceed. If you've been charged under your school's Code of Conduct or other policies, call the Lento Law Firm today at 888-535-3686.

Contact Nationwide Medical Student Discipline Defense Attorney Joseph D. Lento

If you are a medical student confronted with allegations of harassment or discrimination, don't think you can counter them by explaining to your school that your speech is protected by the First Amendment. This won't make the allegations or investigation go away.

You need an attorney like Joseph D. Lento who can advocate for your rights. Call the Lento Law Firm today at 888-535-3686.