3.04 Appellate Review of a Request to Withdraw

Dismissal is an action taken in serious disciplinary cases whereby a student’s connection with the University is ended by vote of the HMS Faculty Council. (The action taken by the APRB is a vote of requirement to withdraw with a recommendation to the HMS Faculty Council that the student be dismissed.) Dismissal is triggered by serious misconduct or a continuing pattern of academic and/or behavioral failures that have not been remediated. Dismissal does not necessarily preclude a student’s return, but readmission is granted rarely and only by vote of the HMS Faculty Council. A dismissed student is not in good standing until readmitted. Dismissal requires support by a twothirds vote of the HMS Faculty Council.

7. Expulsion

Expulsion is the most extreme disciplinary action possible and is triggered by egregious misconduct or extreme academic and/or behavioral failures that have not been successfully remediated. (The action taken by the APRB is a vote of requirement to withdraw with a recommendation to the HMS Faculty Council that the student be expelled.) Expulsion requires support by a two-thirds vote of the HMS Faculty Council.

A student who is expelled can never be readmitted or restored to good standing and is precluded from admission to any program at Harvard University.

Any student required to withdraw by the APRB (with or without a recommendation to dismiss or expel) can appeal the withdrawal only after a request for reconsideration has been decided by the APRB as described in Section 3.07. An appeal shall be based only on one or both of the following grounds: (1) a procedural error occurred that may change the outcome of the decision; or (2) the appellant has substantive and relevant new information that was not available at the time of the original decision (or request for reconsideration, if applicable) and that may change the outcome of the decision. Disagreement with the APRB’s findings or determination is not, by itself, a ground for appeal. The student’s appeal must be in writing and must contain a full statement of the grounds upon which an appeal is requested. Appeals must be submitted within 10 business days of the date of final action by the APRB. The student is considered withdrawn after the final appeal decision of the APRB is determined and throughout the duration of any subsequent appeals. Students are responsible for contracting the relevant Harvard offices to understand the impact of withdrawal on Harvard University housing, financial aid, and visa status (see Section 2.09).

Appeals ordinarily will be heard by a three-member Appeals Panel designated by the Chair of the Standing Committee on Rights and Responsibilities (SCRR; see below) in consultation with the Chair of the APRB. However, the Chair of the SCRR may determine, in the Chair’s sole discretion, and in consultation with others as appropriate, that review by a three-member Appeals Panel is not warranted in a particular case. In such cases, the Chair of the SCRR will give the student an opportunity to appear, will review the documentary record, and may adduce and consider any other information the Chair deems useful in reaching a decision. The Chair of the SCRR will submit a written report of the Chair's findings and recommendations to the student and to the Dean for Graduate Education, also informing the APRB and the Registrar of the outcome of the Appeal. In so doing, the Chair of the SCRR may affirm, revise (make more or less severe), or revoke the final action of the APRB.

If an Appeals Panel is convened, then the Appeals Panel will give the student an opportunity to appear and will review the documentary record. The Appeals Panel may adduce and consider any other information it deems useful in reaching a decision. The Appeals Panel will submit a written report of its findings and recommendations to the student and to the Dean for Graduate Education, the Senior Associate Dean for Graduate Education, also informing the APRB and the Registrar of the outcome of the Appeal. In so doing, the Appeals Panel may affirm, revise (make more or less severe), or revoke the final action of the APRB.

The student may request review of the decision of the Chair of the SCRR or the Appeals Panel by the Dean of the Faculty of Medicine. The Dean of the Faculty of Medicine must receive any such request for review within five business days of the date of the decision of the Chair of the SCRR or the Appeals Panel. The Dean of the Faculty of Medicine will review the matter, in consultation with the Dean for Graduate Education, the program director, or others (e.g., the Faculty Council) if the Dean wishes, and will provide a written decision to the student, the program director, the Dean for Graduate Education, the HMS Registrar, and the APRB. The Dean’s decision will be final and binding, except in cases of dismissal or expulsion, in which a two-thirds vote of the Faculty Council is required.

Withdrawal or Leave of Absence during Pendency of a Disciplinary Proceeding

The transcripts of students who are withdrawn or placed on a leave of absence from the Master’s program pending the outcome of disciplinary proceedings will contain an appropriate notation.

Standing Committee on Rights and Responsibilities (SCRR)

A Standing Committee on Rights and Responsibilities (SCRR) comprised of fifteen voting members of the Faculty of Medicine of diverse experience is appointed by the Dean of the Faculty of Medicine. Each member serves a three-year term, with the possibility of reappointment. These terms are staggered so that each year approximately one-third of the Committee will retire and new members will be appointed. The members comprise a diverse group drawn from the voting members of the Faculty who have demonstrated interest and involvement in training or teaching of HMS students.

Members of the SCRR will be designated, as needed, to function as members of the following reviewing bodies:

· Appeals Panel under the Procedures for Consideration of Academic Performance (Section 3.07); and · Appeals Panels under the Procedures for Consideration of Unprofessional Conduct (Section 3.08); and Grievance and Appeals Panels under the Procedures for Resolving Complaints of Discrimination, Harassment, or Unprofessional Relations and Abuse of Authority (Section 6.17).