SHS General Appeal Policy (probation, suspension, or dismissal)

STATUS: Approved by SHS full-time faculty vote on August 15, 2024.

DATE UPDATED: 8-15-2024

SHS Policies, Procedures, and Practices Suggestions & Requests Form

Finalized Voting Version

Elon University School of Health Sciences

Appeals of Decisions Related to School of Health Sciences Program Standards

Policy:

If the Program's decision results in probation, suspension, or dismissal from the program, it can be appealed following the procedure outlined below. Warnings are not subject to any appeal.

Procedure:

1. When a student files an appeal of a departmental decision that meets the criteria for appeal set forth in this process, the Dean of the School of Health Sciences shall constitute an SHS Appeal Committee. Membership of the SHS Appeal Committee shall consist of one faculty member from each of the academic programs within the School of Health Sciences (currently, the Physical Therapy, Physician Assistant, and Nursing programs).

    

   Requirements for SHS Appeal Committee Membership:

   • Must be a current full-time faculty member in the SHS.
   • Cannot be:
     • A member of the Academic and Professional Progress Committee (APPC) for the student's department.
     • The department chair or the student's academic advisor.
     • A faculty member directly involved in the issue that led to the appeal.
   • Must not have participated in departmental-level decisions prior to the appeal.

   The department chairs maintain a rotation list of eligible faculty members for the SHS Appeal Committee. For each student appeal, the chair selects the next eligible faculty member from this list who meets the above requirements.

   If no eligible faculty member is available from the student's department according to the above criteria, a faculty member from a different SHS department will be appointed to the committee.

   Notwithstanding the criteria set forth above, in the event that faculty member availability is limited due to concerns regarding impartiality, scheduling issues, or other factors, the Dean may, in their sole discretion, appoint other faculty members to the SHS Appeal Committee so that the appeal made be heard and determined in a timely fashion.

2. The student's status, as determined by the department, will remain in effect until the appeals process is finalized and may affect the student's scheduled progression through the program regardless of the appeal outcome. The Dean or the Dean's designee, following consultation with the student's department chair, will determine any class or clinical exceptions to this provision. The decision of the Dean or Dean's designee shall be final.

    

3. Any appeal must be made in writing by the student within five (5) business days after the Program Director's written notification to the student of the APPC's decision. The student shall submit the appeal to the Dean.

    

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

    

   1. 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. Having withheld 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 and substantiate 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.

    

   1. 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 program policies, procedures, and standards.

       

   2. 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 SHS Appeal Committee shall be limited in its deliberations to the 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.

    

5. Upon receipt of a timely notice of appeal stating an appropriate basis for appeal, the Dean will appoint an SHS Appeal Committee and select a committee chair. The SHS Appeal Committee Chair will 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 SHS Appeal Committee meeting.

    

   1. The SHS Appeal Committee Chair will schedule the appeal meeting as promptly as reasonably possible and 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.

    

6. The Program Director shall transmit to the SHS Appeal Committee the APPC's written recommendation and the Program Director's decision. Upon request of the SHS Appeal Committee, the Program Director shall forward additional information or documents on which the decision was based.

    

7. Prior to the appeal meeting, the student may submit a written response to the SHS Appeal Committee regarding the student's performance or conduct. The student shall have access to the student's educational record, as defined by FERPA, to prepare for the meeting.

    

8. Individuals present for the SHS Appeal Committee meeting shall include members of the SHS Appeal Committee and the Program Director or their designee. The SHS Appeal Committee or the student may request that the student be present at the meeting. If the student participates in the meeting, they may choose to have a supporter present (see below). The SHS Appeal Committee, in its discretion, may request that other members of the APPC attend the appeal meeting to provide additional information.

    

   1. Student Supporter: The supporter must be an individual from the Elon community (currently enrolled student, faculty, or staff member). The supporter may not speak, present information, or disrupt the meeting in any way. The unavailability of a supporter 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 SHS Appeal Committee shall close the appeal meeting and convene in private session to deliberate and make its decision. The SHS Appeal Committee's decision shall be in the form of a recommendation to the Dean of the School of Health Sciences.

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

    

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

    

10. The Dean will communicate their written decision to the student and the Program Director. The decision of the Dean shall be final.

     

     

11. The Program Director will add the decision to the student's educational record.