a.    confront the individual(s) to receive an explanation and to gain satisfaction that there was no intention of breaching the Code. It is hoped that most events will be dealt with in this manner. If satisfaction is not gained the witness will take further action. (See b and c below);

b.    consult with a member of the Council regarding the witnesses' observation in order to determine whether a written report should be made; and/or

c.    submit a signed written report of the alleged infraction to the dean.
 

3.    The dean will notify the student in writing that s/he has received a written report alleging a violation of the Honor Code. The notice will include a copy of the report and these Regulations for MD Candidates.

4.    The dean will meet with the student as soon as possible. At that meeting, or as soon thereafter as possible, the dean may do one or more of the following:
 

a.    If the witness filing the report, the student concerned, and the dean agree on the accuracy of the charges, the fact of this agreement shall be noted in writing by all three parties, and the case will be referred to a Subcommittee on Professional Comportment sitting as an Honor Code Sanctions Committee. The recommended sanctions will then be referred to the MSEC for its consideration and action and for modification of the student's academic program if necessary (see Section 11 of this Article G);

b.    If upon reviewing the charge and any supporting evidence, the dean believes that there is insufficient evidence of academic dishonesty to warrant further review, s/he may dismiss the charge without further investigation or review;

c.    If the student denies the accuracy of the charge and the charge is not withdrawn or dismissed, the case will be referred for review by a Subcommittee on Professional Comportment sitting as an Honor Code Hearing Committee.

5.    The Subcommittee on Professional Comportment and its Chair will be named by the dean in consultation with the Chair of the Honor Code Council. The Subcommittee will consist of at least two student members of the Honor Code Council and at least two faculty members of the Honor Code Council.

6.    The dean will notify the student in writing of the composition of the Subcommittee. The student will be allowed five calendar days from the mailing of this notice to object to any person's appointment to the Subcommittee. Such objection must be sent to the dean in writing. The dean will, at his/her sole discretion, determine whether an objection warrants the appointment of one or more different persons to the Subcommittee, who shall be selected as set forth in paragraph 5.

7.    The Subcommittee will investigate the alleged Honor Code violation. The Subcommittee will review the student's confidential file and provide the student with the opportunity to be interviewed. The Subcommittee also may gather and review other material and interview any other person who the Subcommittee, in its sole discretion, believes may have relevant information to contribute.

8.    The student under review and/or the student's attorney or advisor may attend the information-gathering sessions. These sessions are not in the nature of an adversarial proceeding; the student and/or his or her attorney or advisor may submit questions to be answered by persons interviewed by the Subcommittee, but the procedure regarding questioning is left to the sole discretion of the Subcommittee. The student may speak on his/her behalf and may submit other materials. The legal rules of evidence, including, but not limited to, those rules regarding relevancy and hearsay, are not applicable. The student may suggest that the Subcommittee interview additional persons, but the decision to interview such persons is left to the sole discretion of the Subcommittee. The student and the student's attorney or advisor cannot be present when the Subcommittee meets in executive session.

9.    Meetings of the Subcommittee are confidential. Minutes of the Subcommittee will be placed in the student's confidential file upon the completion of the Subcommittee's review.

10.    The Chair and all members shall be required to be present for all meetings of the Subcommittee.

11.    The Subcommittee will make its final recommendation(s) to the dean. Such recommendation(s) will be in writing and shall include findings of fact and the reasons for the recommendation(s). The recommendation(s) could include, but are not limited to, one or more of the following:
 

a.    Advising the student.

b.    Recommending that the student seek professional assistance, at the student's expense.

c.    Recommending conditions with which the student must comply in order to continue in the MD program.

d.    Recommending that the work product be discarded, which might result in an Incomplete, with the requirement that the student satisfactorily complete compensatory work, or be re-evaluated on relevant material.

e.    Recommending that a grade of F be awarded, with the remedy for the F being the repetition of the entire course (i.e., not the summer remedial) with a notation of "Failed the course for academic dishonesty [or violation of the Honor Code]" appearing on the transcript, and with the notation to be expunged at the option of the MSEC at a later date or upon graduation.

f.    Recommending that a grade of F be awarded, with the remedy for the F being the repetition of the entire course (i.e., not the summer remedial) with a notation of "Failed the course for academic dishonesty [or violation of the Honor Code]" placed permanently on the transcript.

g.    Recommending temporary suspension from the MD program, with the notation of "Suspended for academic dishonesty [or violation of the Honor Code]" placed permanently on the transcript.

h.    Recommending permanent dismissal from the MD program, with the notation of "Dismissed for academic dishonesty [or violation of the Honor Code]" placed permanently on the transcript.
 

12.    Should the Subcommittee on Professional Comportment decide that no infraction of the Honor Code has occurred, there will be no further review.

13.    If the Subcommittee recommends suspension or dismissal from the MD program, or any modifications of the academic program, the matter will be referred to the MSEC. The MSEC will review the confidential file and the report of the Subcommittee. The Chair of the Subcommittee will present the Subcommittee report to the MSEC and will respond to inquiries from the MSEC members. The student and/or his or her attorney or advisor may be present during the presentation of the Subcommittee Chair and may submit a written statement to the MSEC. The student and/or his or her attorney or advisor will not be able to question the Subcommittee Chair or the MSEC members, or present additional witnesses, and cannot be present when the MSEC meets in executive session. The student may be interviewed by the MSEC if the student attends the meeting; however, this meeting shall not be a de novo hearing of the matter. The MSEC will either remand the matter back to the Subcommittee if additional information is required, or it shall submit its written recommendations, along with those of the Subcommittee, to the dean.

14.    The dean will review the student's confidential file, the report of the Subcommittee, and the report of the MSEC, if any. The dean at his/her sole discretion, may meet with the student prior to making his/her determination.

15.    Should the dean concur with the Subcommittee on Professional Comportment's conclusion that a violation of the Honor Code has occurred, one or more sanctions must be invoked by the dean. This may range from discarding the work product to dismissal of the student from the MD program, with an appropriate notation placed on the transcript.

16.    The dean will take whatever action s/he deems appropriate, including dismissal of the student from the MD program. The dean will inform the student in writing of his/her decision.

17.    The student shall have 15 calendar days in which to appeal the decision of the dean. Such appeal shall be sent in writing to the vice president for academic affairs. The scope of this appeal is for the vice president for academic affairs or his/her designee to determine whether the procedures set forth in these Regulations have been followed. Failure to appeal the decision shall be deemed a waiver of any and all rights to challenge the dean's decision and shall be deemed an acceptance of the same.

18.    The vice president for academic affairs or his/her designee will make his/her decision on the written record of the proceedings. His/her decision will be final.

19.    At any time during the process, if the student in question is to be accompanied by an attorney, the University will have its attorney present. The student, therefore, is required to inform the Office of the Dean two days in advance of the hearing if counsel is to be present.

20.    Should the review procedures not be completed before the date on which grades are submitted by the Department, the notation Incomplete will be recorded for the student in that course until the charges have been fully adjudicated.

21.    If the student voluntarily withdraws from the institution prior to completion of the review process, the following notation will be placed on his or her transcript:
 

"Withdrew following accusation of academic dishonesty [or Honor Code violation] and prior to complete review and determination."