Student Mistreatment Policy and Procedures

Student Mistreatment Policy and Procedures

Policy statement

XUSOM is committed to a learning environment built on mutual respect between teachers and learners. Mistreatment of students by faculty, residents, staff, clinical preceptors or other students will not be tolerated. In line with the AAMC Group on Student Affairs Mistreatment Guidelines, the school expects all members of its community to treat learners with dignity and respect.

Definition

Mistreatment is behavior that shows disrespect for the dignity of others and unreasonably interferes with the learning process. It includes behavior disapproved of by society and the academic community as exploitive or punishing. It may be a single serious incident or a pattern, such as habitual demeaning remarks, belittling comments or destructive criticism.

Examples of mistreatment include:

• Physical contact or threats of physical harm, such as hitting, slapping, kicking or throwing objects
• Verbal abuse: insulting, harsh or humiliating speech
• Jokes or comments with stereotypic or ethnic connotation; display of derogatory images
• Unprofessional conduct reasonably seen as demeaning or offensive
• Requiring a student to perform tasks meant to humiliate, control or intimidate
• Unreasonable requests for personal services
• Grading or assigning tasks to punish a student rather than to evaluate or improve performance
• Purposeful neglect or exclusion from learning opportunities as punishment
• Sexual harassment, sexual assault or other acts of sexual violence
• Disregard for student safety

Constructive criticism is a normal part of teaching. Feedback that addresses behavior, is given privately where possible, and aims to improve performance is not mistreatment.

Who this policy covers

This policy applies to mistreatment of XUSOM students on campus, at affiliated clinical sites, and at school-sponsored activities. Faculty and staff who witness mistreatment of a learner are expected to report it through the same avenues.

Responsibility

The Dean of Student Affairs and the Dean of Basic Sciences have primary responsibility for receiving, investigating and resolving complaints of mistreatment. For students in the clinical program, the Dean of Clinical Sciences may also lead a case. Mistreatment complaints are not heard by the Grievances Committee.

How to report

A complaint may be submitted through any of the following avenues:

1. The student’s Student Management System (SMS) account.
2. Email or in person to any dean, any faculty member, or the Chief Academic Officer (CAO).
3. The Student Government Association (SGA).
4. Anonymously. Anonymous reports will be reviewed and acted on as far as the information provided allows.

A faculty member, the SGA or the CAO who receives a complaint will refer it promptly to the Dean of Student Affairs or the Dean of Basic Sciences, or, for a student in the clinical program, to the Dean of Clinical Sciences. The dean who first receives the complaint initiates the process, or the deans agree among themselves which of them will do so. That dean leads the case (the initiating dean).

The complaint should describe, where known: who was involved, what happened, when and where it happened, any witnesses, and the remedy being sought.

When to report

A complaint should be filed as soon as possible, and within ninety (90) calendar days of the incident or its last occurrence. Prompt reporting makes it easier to establish what happened and to protect the student.

Step 1: Informal resolution

The initiating dean will first attempt informal resolution to address the immediate conflict, without issuing formal findings. This may include a facilitated conversation with the person involved, guidance to the course or clerkship director, or interim measures to protect the student’s learning environment. Informal resolution requires the agreement of the complainant; a written record is kept, which may omit names. A complainant may decline informal resolution and proceed directly to formal investigation. Allegations of sexual assault or violence go directly to formal investigation.

Step 2: Formal investigation by an ad hoc committee

If the matter is not resolved informally, the following procedure applies:

5. Committee formed — within 10 working days of the complaint being filed. The initiating dean appoints an ad hoc committee of three (3) faculty members with no conflict of interest in the matter. The dean notifies the complainant and the respondent that a complaint has been filed and an investigation opened.
6. Investigation — completed within 30 working days. The committee interviews the parties and witnesses, reviews documents, and writes an investigation report stating the evidence reviewed, a summary of interviews, and its findings.
7. Findings shared — within 5 working days. The committee informs the complainant and the respondent of its findings.
8. Rebuttal — within 5 working days. Each party may submit a written rebuttal to the committee. Rebuttals are attached to the report.
9. Final report and notification — within 5 working days. The committee considers any rebuttals, prepares its final report, and submits it to the initiating dean. The initiating dean informs the complainant and the respondent of the final findings and any recommended action, copying the CAO and the other deans.

Appeal

The complainant or the respondent may appeal the final report’s decision to the CAO, in writing, within ten (10) working days of receiving it. The appeal must state its grounds. The decision of the CAO is final.

Outcomes

Where mistreatment is found, the initiating dean will refer the matter for action appropriate to the offense, which may range from education and a written warning to removal from teaching duties, suspension, dismissal (students) or termination (employees), in line with XUSOM policy.

Affiliated clinical sites

When the respondent is faculty or staff at an affiliated site, the initiating dean will inform that site’s designated education director of the complaint and the committee’s findings. Disciplinary action against site personnel is determined by the site under its own policies. XUSOM may reassign the student to protect their learning.

Conflict of interest

Any dean or committee member who is a party to the complaint, or has a real or perceived conflict of interest, must withdraw. If all eligible deans are conflicted, the CAO appoints another senior faculty member to lead the case.

Confidentiality and records

Case documents are held in a confidential file in the Office of the Dean of Student Affairs for at least ten (10) years. Information is shared only on a need-to-know basis. Legal counsel may not take part in the proceedings.

Retaliation

Retaliation against anyone who reports mistreatment in good faith, or who cooperates in an investigation, is prohibited and should be reported to the deans or the CAO.

False complaints and refusal to cooperate

Knowingly filing a false complaint, or refusing to cooperate with an investigation, is a violation of XUSOM policy and may lead to disciplinary action. This does not apply to good-faith complaints that are not substantiated, or to a victim of sexual violence who declines to participate.

Education and prevention

The Office of Student Affairs will publish this policy in the Student Handbook, address it at every orientation, and require it in each course and clinical rotation syllabus.