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Administration of Student Discipline

Administration of Student Discipline

Restriction of Clinical Privileges

Any student who endangers the health, safety, or welfare of a patient is subject to restriction of clinical privileges, in addition to other disciplinary sanctions described in University of California policies. Restrictions of clinical privileges may take several forms, depending on the nature of the incident.
a. Barred from Clinic: Every faculty member in the School of Dentistry has the right and the responsibility to bar a student from clinical or classroom activities to protect the health and safety of patients, fellow students, or others. Immediately upon taking such action, the faculty member will write a report of the incident and submit it to the Dean and department chair within one working day. No student barred from clinic may return to any clinic without the Dean’s permission. In the Dean’s absence, the Dean’s designated representative has the authority to carry out all the appropriate responsibilities of the Dean in the administration of student discipline.
b. Interim Suspension of Clinic Privileges: Allegations of conduct that may pose a threat to the safety of patients are subject to the Dean’s imposition of Interim Suspension while the allegation is being investigated and heard by a committee.

The Dean is responsible for all matters involving disciplinary sanctions, including restriction of clinical privileges, against students in the School of Dentistry for violations of UCSF Campus Supplement to the University of California Policies Applying to Campus Activities, Organizations, and Students; Rev 8/94; Policy Section 100.00, SR 900(A), Variance SA—, and SFR 95F, and/or the Student Honor Code.

1. All complaints of student misconduct shall be submitted to the Dean.
a. The Dean will review the complaint of student misconduct and appoint an Investigator within two (2) working days of receiving the complaint.
b. At the same time, the Dean will notify the student(s) named in the complaint of the nature of the complaint and of the appointment of the Investigator.

2. Review by Investigator for Dean.
a. If Interim Suspension has been imposed by the Dean, the Investigator will interview both the Complainant and the Student regarding the circumstances that prompted the Interim Suspension. Other witnesses who can provide pertinent and substantive information will also be interviewed by the Investigator. The Investigator will provide the Dean with a written recommendation as to the continuation of the Interim Suspension until the complaint is resolved. The Dean will decide whether or not the Interim Suspension will continue through the investigation and hearing.
b. The Investigator will review the complaint of student misconduct, determine the actionable issues, interview the Student(s) named in the complaint, interview the Complainant, and solicit from both Student and Complainant the names of any witnesses who might provide further factual information on the matter. The Investigator will make every reasonable effort to be both thorough and timely in conducting the investigation and will protect the Student’s right to confidentiality. The Investigator will decide when the investigation may reasonably be closed, and will request an extension from the Dean if the investigation requires more than five (5) working days.
c. At the close of the investigation, the Investigator will report the findings in writing to the Dean. The Investigator’s report will include a recommendation as to whether or not there is reasonable cause for the charge of misconduct and the policy (or policies) involved.
d. Within two working days of receiving the Investigator’s report, the Dean will decide whether the complaint may be informally resolved. The Dean will provide the Student(s) with a summary of the Investigator’s findings, and will provide the Complainant with a summary of findings pertinent to the original complaint.
e. If the Dean decides that charges of student misconduct are warranted by the investigation, and that these charges cannot be informally resolved, or if the Student does not agree to informal resolution, the Dean will appoint a hearing committee (UCSF Campus Supplement to the University of California Policies Applying to Campus Activities, Organizations, and Students; Rev 8/94; Policy Section 104.00). Both the Student(s) and Complainant will be notified by copy of the formation of a hearing committee and the policy (or policies) allegedly violated.

3. Composition of Hearing Committees.
3.1 Each year, the Dean will request from each Department Chair the names of two faculty representatives and two alternates to serve on hearing committees. These faculty representatives must hold appointments of 50% time or more, and must have at least three years service at UCSF School of Dentistry.
3.2 Hearing Committee will consist of:
a. Three faculty members selected by the Dean from the list of departmental representatives, including no more than one representative from a department involved in the complaint (this member may not chair the Hearing Committee);
b. Two student members (the President and the Chief Justice of the ADS or their student appointed alternates).

4. Hearings.
4.1 The Hearing Committee will meet within five (5) working days of being appointed by the Dean in order to organize for the hearing process. The Committee will elect one of its members as chair. As its first order of business, all members of the Committee have full and equal privileges, including the right to the floor, the right to question witnesses, and the right to vote.
4.2 The Chair will give both the Complainant and the Student reasonable notice of the time and place of the hearing (minimum 5 working days notice). The Student may request an extension of time by writing to the Chair, and the Chair will grant reasonable requests for extension. Notification to the Student will include a brief statement of the factual basis of the charge and the specific University, campus, or school policies that have allegedly been violated.
4.3 The Chair will decide on the method for recording the proceedings of the hearing and will be responsible for the orderly conduct of the hearing. The hearing will be closed, unless both the Student and the University agree to an open hearing. The Chair reserves the right to exclude spectators if necessary to preserve order.
4.4 The Chair shall rule on all questions of procedure and on the admissibility of evidence. Evidence of the sort upon which responsible persons are accustomed to rely in the conduct of serious affairs is admissible; the strict evidentiary rules of courts of law need not be met. The University bears the burden of proof in disciplinary hearings.
4.5 Whether the hearing is open or closed, the Student has the right to be accompanied by a non-participating observer of the Student’s choice. In addition, the Student is entitled to be represented at the hearing. If the Student chooses a legally-trained representative, the Student must so inform the Dean at least two (2) working days before the hearing begins, and the University will then be represented by legal counsel.
4.6. The Committee expects to hear testimony from the concerned principals so that it may make fair and informed recommendations.
4.7 The Student will have the opportunity to present documents and witnesses, and to confront and cross-examine witnesses presented by the University. No inference may be drawn from the silence of the accused Student.
4.8 The Hearing Committee will meet after the close of the hearing to consider the evidence and write a recommendation to the Dean. The Committee’s recommendation will be based upon the preponderance of the evidence. The Committee’s recommendation to the Dean will include a summary of findings of fact and the Committee’s recommendations for appropriate disciplinary sanction, based on the nature and the seriousness of the offense. In the event that the charge is not proven, the Committee may also recommend appropriate measures to assure that the accused Student is not penalized by the hearing process.
4.9 The committee will submit its recommendation to the Dean within five (5) working days of the close of the hearing.

5. Dean’s response to the Hearing Committee’s recommendations.
5.1 The Dean will consider the recommendations in the Hearing Committee’s report, the severity of any substantiated charges, and the appropriate disciplinary sanctions to be imposed on the Student (disciplinary sanctions are described in University of California Policies Applying to Campus Activities. Organizations. and Students, Section 105.00). The Dean may consult with the Faculty Council, faculty members, administrative officers, or other campus officials before arriving at his decision. The Dean will consult with the Faculty Council on all cases involving recommendation for dismissal.
5.2 The Dean will provide the Student with a written decision based on the preponderance of evidence, including a summary of findings of fact and the disciplinary sanction(s) imposed. The Dean will provide the Complainant with a copy of the written decision and a summary of findings of fact that pertain to the original complaint.
6. Appeal. The Student may file a written appeal with the Chancellor. The Chancellor’s decision is final.

Definition of Investigator and Description of Charge to Investigator.
After reviewing a complaint of student misconduct, the Dean will appoint a faculty member as Investigator. The Investigator should hold an appointment of at least 50% time in a department not directly involved in the complaint. If possible, the Investigator should have at least 3 years service at UCSF so that the school’s policies, procedures, and standards of conduct are familiar. The Dean will notify the student(s) named in the complaint of the nature of the complaint and of the appointment of the Investigator.

The Investigator will review the complaint to determine the actionable charges. The Investigator is charged with making an impartial finding of the facts, and will seek information from the Complainant, the Student(s) named in the complaint and any other witnesses suggested by either the Complainant or the Student. The Investigator will protect the Student’s right to confidentiality, and will disclose any findings only to the Dean. The Investigator will make every reasonable effort to interview those who have pertinent information to present. The Investigator will balance the need for a thorough, impartial investigation against the need for a timely resolution, and will request from the Dean an extension of time, should the investigation require more than five (5) working days. The Dean will grant such requests when justified by reasonable cause, and will keep the Student(s) informed of any delays.

When the Investigator determines that the investigation is complete, he or she will prepare a written summary of findings to the Dean. This summary will include the Investigator’s recommendation as to whether the complaint and the subsequent investigation indicate reasonable cause for a charge of misconduct, and if so, what policy (or policies) is involved.
The Investigator will be the individual in charge of presenting the University’s (Complainant’s) case in hearings regarding student conduct or professionalism.

Role of Director of Educational Support Services or Student Academic Affairs.
The Director may assist a student charged with misconduct by advising that student of university policies and procedures, by assisting with the preparation of any written responses, by helping to prepare a defense of the student(s) action or position.

Inasmuch as the Director advises students, including students charged with misconduct, he or she is not an appropriate candidate for appointments in matters of student misconduct such as Investigator or a member of a committee hearing either complaints brought against students or by students. In addition, the Director may not serve as student advocate, but may be called to testify before hearing committees.

Educational Support Services or Student Academic Affairs will provide resources and references for students charged with misconduct, such as current systemwide, campuswide, and schoolwide documents pertaining to student conduct and professionalism and student-initiated grievance procedures. The Offices will provide such material upon request to any student or faculty member who requests it. The Offices will also serve as the School’s official liaisons with the campus Affirmative Action Office and other offices on campus (Registrar, Financial Aid Office, etc.) that oversee matters pertaining to students.
University of California San Francisco

September, 1987
Revised August, 1996