Appeal of Disciplinary Action for Violations of PA Program Standards

This appeals process may be used to challenge a decision of the APPC that results in a sanction of probation, suspension, or dismissal from the program. Warnings are not subject to any appeal. Grade appeals shall be made in accordance procedures set forth elsewhere in this Student Handbook.  When a student files an appeal from a decision of the APPC that meets the criteria for appeal set forth in this process, the Dean of the School of Health Sciences shall constitute an Appeal Committee. Membership of the Appeal Committee shall consist of one faculty member each from each of the programs within the School of Health Sciences (currently, the Physical Therapy, Physician Assistant, and Nursing programs). No faculty member who participated in the Program Committee decision may sit on the Appeal Committee.  The student’s status as determined by the APPC will remain in effect until the appeals process is finalized. Exceptions to this provision may be made by the Dean or the Dean’s designee.  Any appeal must be made in writing by the student within five (5) working days after the Program Director’s written notification to the student of the APPC’s decision. The student shall submit the appeal to the Program Director.

An appeal must be based on one or more of the following grounds:

New Facts. An appeal on this basis requires discovery of substantial new facts that were not reasonably available at the time of the APPC meeting and are material to the original finding. Withholding information or declining to participate in the original meeting is not grounds for an appeal based on the discovery of new facts. If the appeal is based on substantial new facts, the request must outline the following:

• Source of new information and complete explanation of that information;
• Name(s) of who can present this information;
• Reason(s) why this information was not presented to the APPC; and
• Reason(s) why this information may contribute to a decision other than that which was originally made.

Arbitrary or Capricious Sanctions. An appeal on this basis requires a showing that the sanctions imposed by the APPC are substantially disproportionate to the conduct in question, considering any mitigating and aggravating factors, including but not limited to the student’s academic and conduct history, implications related to professional standards to which the student and the program must adhere, and/or impact on individuals or the community. If the appeal is based on arbitrary or capricious sanctions, the request must outline why the assigned sanctions are inconsistent with the PA Program Standards.

Procedural Violation. An appeal on this basis requires a showing of a substantial violation of the Program’s procedures that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures that could affect the outcome of the hearing, etc.). An appeal on this basis must outline the following:

• Citation of specific procedural errors with appropriate reference;
• Reason(s) why procedural error was not mentioned during the APPC meeting; and
• Reason(s) why correction of error can contribute to a decision other than that which was originally made.

The Appeal Committee shall be limited in its deliberations to grounds for appeal listed above, using the information provided in the appeal. The student filing the appeal must demonstrate that the decision or sanction does not meet the standards and procedures set forth in the Student Handbook and meets one or more of the grounds for appeal.  Upon receipt of a timely notice of appeal stating an appropriate basis for appeal, the Program Director will notify the Appeal Committee and schedule an appeal meeting. The student shall receive at least five (5) business days advance written notice of the date, time, and place of the Appeal Committee meeting.  The Program Director will schedule the appeal meeting as promptly as reasonably possible. The Program Director will take into account the academic calendar, any circumstances suggesting a need for urgent consideration, as well as reasonable requests of the student and Elon faculty members and administrators involved in the appeal.  The Program Director shall transmit to the Appeal Committee the APPC’s written decision. Upon request of the Appeal Committee, the Program Director shall forward additional information or documents on which the decision was based.

Prior to the appeal meeting, the student may submit a written response to the Appeal Committee regarding the student’s performance or conduct. The student shall have access to the student’s educational file to prepare for the meeting.  Individuals present for the Appeal Committee meeting shall include members of the Appeal Committee; the student, if the student chooses to appear; and the Program Director. The Appeals Committee, in its discretion, may request that other members of the APPC attend the appeal meeting to provide additional information.  The student may choose to have an advisor present. The advisor must be an individual from the Elon community (currently enrolled student, faculty, or staff member). The advisor may not speak, present information, or disrupt the meeting in any way. The unavailability of an advisor on the date of a scheduled appeal meeting shall not be a basis for postponing the meeting.  After any presentation by the student, Program Director, and/or members of the APPC, the Appeal Committee shall close the appeal meeting and convene in private session to deliberate and make its decision. The Appeal Committee’s decision shall be in the form of a recommendation to the Dean of the College of Health Sciences.

The Appeal Committee’s recommendation shall be based on the record developed by the APPC and any additional information presented at the appeal meeting.  The Appeal Committee may modify (increase or decrease) a sanction imposed by the APPC, but it may not alter the Program Committee’s determination of whether or not the student is in compliance with the PA Program Standards.  Only members of the Appeal Committee may be present for the private session.  The Appeal Committee will document its recommendation in writing. The Appeal Committee will endeavor to issue its written recommendation within five (5) business days after the meeting concludes but may take additional time if necessary due to the complexity of the case or other unusual circumstances.

The Appeal Committee will transmit its written recommendation to the Dean, with a copy to the Program Director. Ordinarily, the Dean will defer to the APPC’s determination of responsibility and to the Appeal Committee’s recommended sanctions; however, the Dean shall have ultimate authority and discretion to issue a decision on whether or not violations of PA Program Standards have been established and what sanctions, if any should be imposed.

The Dean shall forward the Dean’s written decision to the student. The decision of the Dean shall be final.