Disciplinary Committee

All members of the AUSOM community have a responsibility for ensuring that AUSOM’s working and learning environment is free from harassment or unlawful discrimination. Supervisory personnel, including professors, bear the primary responsibility for maintaining a working and learning environment free from harassment or unlawful discrimination. They should act on this responsibility whenever necessary, whether they are in receipt of complaints. Avalon University School of Medicine policies regarding disciplinary action apply to non-academic matters. This policy will not be interpreted, administered or applied to infringe upon the academic freedom of any member of the AUSOM community. The frank discussion of controversial ideas, the pursuit and publication of controversial research and the study and teaching of material with controversial content do not constitute harassment, provided these activities are conducted in an atmosphere of respect.

  • The Disciplinary Committee is composed of the Associate Dean of Student Affairs, Basic Science Faculty, Clinical Science Faculty and student representatives. It is the investigative and judicial arm of the Dean’s Office.
  • The Disciplinary Committee has authority over all matters referred by the Associate Dean of Basic Sciences, Dean of Clinical Sciences, Associate Dean of Student Affairs, students, staff and faculty.

  • All members of the AUSOM community will be treated equitably under this policy. All matters arising under this policy will be dealt with in a fair, unbiased and timely manner.

    • All parties will be advised of the provisions of this policy and of the procedures available to them.
    • Any complainant who petitions AUSOM to assist in the resolution of a complaint must be prepared to be identified to the respondent.
    • All parties must be given the opportunity to present evidence in support of their positions and to defend themselves against allegations of harassment or unlawful discrimination.
  • Efforts at informal resolution (as defined in the Procedures) will be used before any formal steps are taken unless the egregiousness of the offense requires immediate formal action.
  • Those responsible for interpreting, administering and applying this Policy will use a Reasonable Person Standard.
  • This policy is not to be interpreted, administered or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage and discipline employees and students, subject to managerial and instructional policies and procedures.
  • This policy is not intended to interfere with social or personal relationships among members of the AUSOM community.
  • Members of the AUSOM community have an obligation to participate in procedures under this policy.
  • Either party may object to the participation of a person in the investigation or resolution of a complaint on the grounds of a conflict of interest or reasonable apprehension of bias.
  • No party has the right to counsel in the context of a disciplinary and grievance hearing
Scope of the Policy
  • A complaint of harassment or unlawful discrimination may be made by any member of the AUSOM community against any other member of the AUSOM community so long as it pertains to AUSOM related activities.
  • A complaint of harassment or unlawful discrimination regarding a member of the AUSOM community made by a person who is not a member of the AUSOM community should be made to the Deans of the AUSOM community member whose behavior is the subject of the complaint.
  • A student may not use this policy to review the decisions or recommendations of the Committee on Academic and Professional Progress.
Definitions
  • Abuse, Physical – Unwanted, unauthorized or offensive physical contact with another.
  • Complainant – Any person who seeks recourse pursuant to this policy because he/she has reasonable cause to believe he/she has experienced harassment or unlawful discrimination.

  • Complaint – A statement by a complainant seeking recourse pursuant to this policy for the redress of harassment or unlawful discrimination. A formal complaint is a written official complaint alleging harassment, abuse or unlawful discrimination.

  • Harassment, based on a prohibited ground of discrimination – Behavior toward another person or persons that is abusive, offensive or demeaning. Such behavior would be viewed by a reasonable person experiencing the behavior as an interference with his/her participation in a school related activity including discrimination based on age, race, gender, religion, sexual orientation, national origin, disability or veteran status.

  • Harassment, Personal – Words, gestures or actions that tend to alarm, intimidate or demean another.
  • Harassment, Sexual – For purposes of this policy, sexual harassment may be defined as unwanted sexual advances, request for sexual favors and other verbal, non-verbal or physical conduct of a sexual nature when:

    • Submission of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic success
    • Submission of or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting such an individual
    • Such conduct is sufficiently severe, persistent or pervasive to limit a person’s ability to participate in or benefit from the education program or work environment, or to create a hostile or abusive educational or work environment.

  • Investigation Committee/Disciplinary Committee – The investigation will be conducted to investigate formal complaints to determine whether harassment or unlawful discrimination or violation of AUSOM policies has occurred and if so, to what extent, and make a recommendation regarding sanctions, if appropriate.

  • Reasonable Person Standard – Whether a reasonable person in roughly the same position as the complainant would judge harassment or unlawful discrimination to have occurred because of a behavior or pattern of behavior.
  • Respondent – A person or persons against whom an allegation of harassment or unlawful discrimination has been made pursuant to this Policy.
  • Responsible Officer – AUSOM official who decides whether the Policy has been violated and makes decisions regarding sanctions, if appropriate. The Associate Dean of Basic Sciences and Executive Dean have been designated as Responsible Officers. If the Responsible Officer is charged with harassment or unlawful discrimination, the matter shall come under the jurisdiction of the Chancellor. If the Chancellor is charged with harassment or unlawful discrimination, the matter shall come under the jurisdiction of the Board of Trustees.
  • AUSOM Community – All faculties, staff and students of AUSOM, student assistants, and any researcher, instructor or student matriculated elsewhere but engaging in programs at AUSOM, on any campus or any clinical setting.
  • AUSOM Related Activity – All activities operated under the auspices of AUSOM on the campus or in any affiliated institution, program or agency.
  • Investigating Officer – An AUSOM community member who is appointed by the Responsible Officer
Use of Information
  • Allegations of harassment and unlawful discrimination often involve the collection, use and disclosure of sensitive personal information. All reasonable measures will be taken to maintain confidentiality. Information concerning a Complaint may be provided to appropriate AUSOM officials on a need-to-know basis. Any person knowingly, willfully or negligently breaching confidentiality may be subject to sanctions or other appropriate action.
  • Subject to any limitations or disclosure requirements imposed by law, all information, whether oral, written or electronic, created, gathered, received or compiled through the course of a complaint is to be considered confidential by both the complainant and respondent, their representatives and advocates, witnesses and other officials designated by this Policy.
  • All information will be treated as “supplied in confidence for investigatory purposes.” All closed investigatory files will be retained by or destroyed by the General Counsel in accordance with the School’s Record Retention Policy.
  • Each party will be informed of the final decision.
Professional Conduct and Ethical Behavior
  • It is incumbent upon each student at the medical school to maintain the highest level of ethics and morals, and to conduct himself/herself in a manner befitting a physician.
  • Professionalism includes appearance and proper hygiene, demeanor, behavior and conduct, integrity, intellectualism, honesty, and respect for others. Students must always be aware that they are representing the medical school.
  • These standards apply to all students during their entire medical education at the medical school.
  • Academic and/or non-academic infractions, including personal dishonesty, are not tolerated. These infractions are grounds for dismissal and are brought before the Disciplinary Committee.
Professional Conduct and Ethical Behavior Includes, but is Not Limited to:
  • The honest and authentic execution of all responsibilities and the submission of all educational and clinical work, without misrepresentation or falsification. Stealing, cheating, and plagiarism may result in dismissal.
  • Fulfillment of professional duties in a conscientious, reliable, and punctual manner.
  • Compliance with all regulations as set forth by Avalon University School of Medicine (non-smoking policies, library etiquette, classroom behavior, parking policies, general campus ethics, drug policy, harassment or violation of Avalon policies), as well as civil laws established by local authorities.
  • Possession of illegal drugs, alcoholic beverages, firearms or weapons of any kind. These items are strictly prohibited on campus by Avalon University, in addition to student housing, and at school-sponsored events. AUSOM enforces a zero-tolerance policy towards illegal substances.
  • Student dress code involves always wearing school uniforms on campus during school hours.
  • Disorderly conduct, of any form, will not be tolerated (unauthorized usage of notice board, talking loudly in corridors during class hours, disobeying instructions of faculty, staff and administration, etc.)
  • AUSOM property damage.

Procedures for Investigation and Resolution of Informal and Formal

Complaints

Harassment can be a very serious issue and Avalon has a zero-tolerance policy against it. During the Basic Science orientation, the student handbooks are distributed and discussed. The incoming students must read and sign off that they have read and understand the policies in the handbook. If students are unclear or have questions, the institution will make an appointment with the student and discuss the points in question. The goal of the handbook is to prepare young students’ behaviour for the professional hospital settings. The below items are the appropriate protocol and procedures expected of medical students and ultimately young professions.

Informal Procedures

All members of the AUSOM Community are encouraged to resolve complaints informally.

Students

Students who feel they have been harassed or discriminated against should discuss the matter with the Associate Dean of Student Affairs or a senior member of the disciplinary committee or investigating officer (appointed by responsible officer).

These individuals will:

  • Provide students a confidential forum for expressing concerns and exploring options for addressing them.
  • Advise students on both informal and formal procedures for addressing their concerns.
  • Discuss the student’s concerns, with the permission of the student, with the person about whom the student has an issue (e.g., faculty member, resident, etc.).
  • If one of the individuals identified above believes that a significantly inappropriate action has occurred, the individual has the responsibility to discuss the issue with the Associate Dean of Basic Sciences or Dean of Clinical Sciences, although the student does not wish to file a formal complaint.
Faculty and Staff
  • After receiving a detailed statement of the complaint, Associate Dean of Student Affairs may, with the permission of the Complainant, discuss the complaint with the Respondent to seek a mutually acceptable resolution.
  • If no resolution is reached the Associate Dean of Student Affairs will explain that the Complainant may file a formal complaint.
  • Unless a formal complaint is filed, no further action will be taken by AUSOM except as authorized by the Responsible Officer

  • Faculty or staffs who feel they have been harassed or unlawfully discriminated against may be counselled in a confidential and informal manner by any of the following individuals:

    • Associate Dean of Basic Sciences
    • Dean of Clinical Sciences

Formal Procedures

Formal Complaint
  • A Complaint becomes formal when a Complainant completes the Formal Harassment and Unlawful Discrimination Complaint Form and delivers it to Associate Dean of Student Affairs or Associate Dean of Basic Sciences or Investigating Officer designated to receive such Complaints within ten (10) calendar days for students and thirty calendar days for faculty and staff of the alleged incident. Upon receipt, Formal Complaints are forwarded to the Investigating Officer for Primary report. The Investigating Officer investigates and report to Disciplinary Committee and Responsible Officer for further action.
  • Faculty or staff must file a Formal Complaint in accordance with the above procedure within thirty (30) calendar days of the last alleged incident of harassment or unlawful discrimination. Students must file a Formal Complaint in accordance with the above procedure within ten (10) calendar days of the last alleged incident of harassment or unlawful discrimination.
Investigation

Following the submission of a formal complaint, the Disciplinary Committee appoints an Investigating Officer. At the completion of the investigation, the officer will submit a written report to the Disciplinary Committee for interpretation.

Investigation Process

The investigation process may include one or more of the following steps:

  • Confirm name and position of the complainant.
  • Identify the Respondent.
  • Develop a thorough understanding of the professional relationship, degree of control and amount of interaction between the complainant and respondent.
  • Determine the frequency/type of alleged harassment or unlawful discrimination and, if possible, the dates and locations where the alleged harassment or unlawful discrimination occurred.
  • Thoroughly ascertain all facts about the alleged incident, beginning by interviewing the complainant and the respondent. The respondent is reminded that AUSOM will not tolerate any retaliation against the complainant. Questions of all parties shall be asked in a non-judgmental manner.
  • Determine whether the complainant informed or consulted with any other parties about the alleged harassment or unlawful discrimination and what responses, if any, the complainant received from these individuals.
  • Identify any witness(es) to the alleged harassment or unlawful discrimination. If the complainant and the respondent present conflicting versions of the facts, witnesses may be interviewed. Determine what efforts were made by the complainant and respondent to resolve the matter.
  • Determine whether the Complainant knows of or suspects that there are other individuals who have been harassed or mistreated by the respondent.
  • The Disciplinary Committee shall forward any prepared reports to the Responsible Officer for review. The Disciplinary Committee may impose sanctions as described in the policy.

  • In making decisions disciplinary committee will take the following matters into consideration:

    • The severity of the offense
    • Whether the offense was intentional or unintentional
    • Whether the offense is an isolated incident or involves repeated acts
    • Mitigating or aggravating circumstances affecting either party
    • Because of Psychological Imbalance
    • Whether there was an imbalance in power between the parties
Suspension

It may be necessary to suspend a faculty member, staff member or student during the investigation and resolution of a complaint. Such suspensions shall not be viewed as disciplinary actions. If the suspension involves a faculty member or staff member, the suspension will be with pay unless during the investigation otherwise authorized by law.

Discipline and Sanctions

Sanctions – A penalty imposed for violation of AUSOM Policies and Regulations. Sanctions include but are not limited to:

  • Faculty Sanctions – Reprimand, censure, suspension with loss of salary and dismissal
  • Staff Sanctions – Verbal reprimand, written reprimand, and suspension for a period without pay, demotion and dismissal.
  • Student Sanctions – Informal reprimand, formal reprimand, probation, suspension, and dismissal.

The Responsible Officer (Chair of Disciplinary Committee) may impose a sanction upon faculty and staff of up to, but no more than, a three (3) day suspension without pay, without consulting with the Chancellor and Dean. The responsible officer may impose a sanction upon students of involuntary probation after consulting with the Disciplinary Committee and Executive Dean.

The Responsible Officer may expel a student with the recommendation of the Disciplinary Committee if irrefutable evidence is presented against the student regarding an infraction against the Avalon University School of Medicine Student rules and regulations. Infractions include any type of behaviour that is unbecoming of a medical student, such as cheating, sexual harassment, and illicit drug use or violation of Avalon Policies.

  • Disciplinary sanctions are listed above in this Policy. In addition, the Respondent may be required to participate in a special education or counselling experience.
  • When criminal conduct is suspected or has occurred, the Disciplinary Committee and Board of Trustees will consult with legal authorities, as appropriate.
  • If the Disciplinary Committee finds the allegation was frivolous, vexatious, or malicious, the Disciplinary Committee may implement sanctions against the complainant.
  • Each party will be informed of the final decision in writing, which will be placed in their personal file.
Appeal Process

The student must submit the appeal in writing within five (5) business days to the Associate Dean of Basic Sciences/Dean of Clinical Sciences after the Disciplinary Committee decision receipt. This appeal will be reviewed by the appropriate dean, who will consider the circumstances of sanctions. No appeals will be considered outside of this process.

If the appeal to the Associate Dean of Basic Sciences/Dean of Clinical Sciences is denied and the student believes that the sanctions are incorrect, further appeal can be made to the Executive Dean. This appeal must be submitted in writing within five days (5) business days. The Executive Dean will consider appeals based on “due process” only. There will be no reconsideration of any circumstances or justifications regarding the dismissal already presented in the appeal to the Associate Dean of Basic Sciences/Dean of Clinical Sciences.

Documentation of Student Complaints

The Associate Dean of Student Affairs, or responsible officer, will forward documentation of formal complaints to the Disciplinary Committee. The Disciplinary Committee will maintain a database on formal complaints including:

  • The date the formal complaint was submitted
  • The nature of the complaint
  • The steps taken by AUSOM to resolve the complaint
  • AUSOM’s final disposition of the complaint
  • Any other external actions initiated by the student to resolve the complaint, if known to AUSOM
Confidentiality

All allegations of harassment or unlawful discrimination, the investigation and its outcome are considered confidential. Individuals shall be made aware of the allegations, investigations, and outcome on a need-to-know basis. These persons may include, but are not limited to, the Complainant, the Respondent, any witnesses, and persons involved in the management or investigation of the Complaint.

Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances.

Role of the Disciplinary Committee
  • Will represent the School.
  • Will not represent the complainant or the respondent.
  • Will assist the school in the management, investigation, and resolution of all complaints.
  • Will be consulted on all matters of evidence, policy, and procedure interpretation.
  • Will contact legal or licensing authorities outside of the school if necessary and appropriate.
  • Will maintain a copy of all records relating to the investigation and resolution of complaints.
Composition of the Disciplinary Committee

It is an ad hoc committee and generally formed by the Associate Dean of Student Affairs, who is the chairman, unless the Associate Dean of Student Affairs is involved in the issue. In that case the Executive Dean will appoint a suitable person to chair the committee.

  • Associate Dean of Student Affairs
  • Two faculty members from Basic Sciences
  • One Clinical Faculty
  • One Basic Sciences student
  • One Clinical Sciences student

Student Rights and Responsibilities
Matters of Student Conduct

1. Student Honor Code

Avalon University School of Medicine exists to educate students to become physicians who will serve the needs of society by their pursuit of excellence in the practice of medicine; instruction of following generations of physicians; and the pursuit of research. Students are particularly expected to develop and maintain the ethical and moral values consistent with the highest standard of the practice of medicine. It is implicit that honesty and integrity be part of a student’s behavior.

Each medical student shall demonstrate behavior which, by its nature and interpretation, is appropriate for a career in medicine. Such appropriate behavior includes, but is not limited to, the demonstration of good judgment, personal insight, personal accountability, responsibility to patients, ability to recognize personal limitations and ability to function under pressure. Students also must be aware of the social impact of their behavior as student physicians and later as physicians.

2. Responsibilities of the Student

Adherence to the Student Honor Code is required of all students enrolled at Avalon University School of Medicine. Students subscribe to the Student Honor Code at the beginning of each academic year. His or her signature on the registration form of the Student Honor Code constitutes an agreement to support the code and the principles embodied therein. Each student shall:

  • Become familiar with the Student Honor Code and Principles of Professional Behavior at the time of admission to Avalon University School of Medicine
  • Act upon any violation of the Student Honor Code or Principles in the manner prescribed in the Procedures for Management of Charges of Misconduct.
3. Privileges of the Student

Students will be accorded privileges consistent with their adherence to the Student Honor Code and the Principles of Professional Behavior. These privileges include, but are not limited to:

  • Ability to access confidential information in the care of patients in the furtherance of his or her education.
  • Ability to participate in the governance of the school through participation on a large variety of faculty/student governance committees.
4. Principles of Professional Behavior

Consistent with the Student Honor Code, the student will adhere to the Principles of Professional Behavior. The student will not:

  • Plagiarize or present the work of another as their own work, or participate in plagiarism by preparing a writing with the knowledge that it is to be used by another as representing that person’s own work
  • Knowingly and willfully falsify or manufacture scientific or educational data and represent the same to be the result of scientific or scholarly experimental research
  • Have furnished false information to admissions committee members to gain admission to the medical school
  • Cheat by any means or method
  • Restrict the use of material used in study in a manner prejudicial to the interests of other students
  • Furnish false information to faculty or academic officers relative to academic or clinical matters
  • Knowingly and willfully falsify, by omission or commission, information pertinent to patient care or in other ways violate the patient trust which is essential to the physician-patient relationship
  • Disclose confidential or privileged patient information in an unethical or inappropriate manner
  • Maliciously remove or intentionally destroy or deface property belonging to the school or any affiliated institutions
  • Violate Federal or State laws; the rules and regulations of the school, associated hospitals, consortium universities, other affiliated medical institutions; or other applicable guidelines either stated or published
5. Physical and/or Verbal Altercations

Avalon University School of Medicine takes great pride in its student’s. Avalon medical students reflect Avalon’s image both on the island of Curacao and in the United States.

  • Behavior of Avalon medical students which is unbecoming of a medical professional is not tolerated by Avalon University School of Medicine.
  • Physical and/or verbal altercations, regardless of whether they occur on or off campus, regardless of whether altercations occur during school hours, and regardless of who the parties involved are, any student of Avalon involved in any disruptive verbal and/or physical altercation will be held accountable and will be subject to the disciplinary sanctions listed above.
6. Harassment & Unlawful Discrimination
  • Avalon University School of Medicine is committed to maintaining a professional and collegial work and learning environment in which all individuals are treated with respect and dignity. Everyone has the right to work and learn in a professional atmosphere.
  • AUSOM seeks to promote an environment in which all students, faculty and staff interact based on individual strengths and characteristics, without having such interactions shaped by generalizations or stereotypes based on age, race, gender, religion, sexual orientation, national origin, disability or veteran status and to encourage constructive thoughtful and sensitive behavior.
  • Harassment and unlawful discrimination are serious offenses that may be cause for disciplinary action including, where appropriate, dismissal or expulsion. AUSOM will not tolerate harassment or unlawful discrimination on the campus, in any affiliated institution, program or agency.
  • AUSOM will commit resources to educational and training programs designed to make members of the AUSOM community aware of their responsibilities with respect to this objective.
7. Policy on Misconduct

Procedure for the Observer of a Violation

If a student, or any other member of the school community, observes a student violation or suspected violation of the Principles of Professional Behavior, the following alternatives are available (it is strongly encouraged that all observations be recorded in writing before any of these actions are taken, to ensure that all relevant facts are included and that no distortions of the observations occur)

  • Approach the student, appropriate Dean, and/or Disciplinary Committee directly. An open discussion of the events and attitudes involved with the suspected infraction may clarify the relevant details. The Deans or Disciplinary member will at his or her discretion:

    1. Drop the matter, if within approved guidelines.
    2. Approach the student.
    3. Call for a Disciplinary Committee meeting.

  • Approach the Disciplinary Committee. In the event of a severe infraction, the incident may be immediately brought to the attention of the Disciplinary Committee. The observer must record all facts in writing and submit a copy of this document to the committee. The committee will act upon the matter as it deems appropriate.

The final decision of the Disciplinary committee will ultimately be:

  • Exoneration. If the Dean recommends exoneration, the person bringing the complaint and all witnesses will be notified of the outcome.
  • Formal Reprimand. Written recommendation to the Disciplinary Committee and Deans in Curacao is required. The Disciplinary Committee and Deans will assure an appropriate record of the decision is placed in the student file.
  • Probation. A period during which certain rights may be suspended or a time during which behavior will be scrutinized. The Disciplinary Committee and Deans in Curacao will assure an appropriate record of the decision is placed in the student file.
  • Suspension. Removal from the school with the possibility of reentry. The Disciplinary Committee and Deans will assure an appropriate record of the decision is placed in the student file.
  • Expulsion. Removal from the school with no possibility of re-entry. The Disciplinary Committee and Deans will assure an appropriate record of the decision is placed in the student file.