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ARTICLE V ADDENDA TO THE BYLAWS

§ 1 Policies and Procedures Regarding the Evaluation of Academic Performance and Status

For policies and procedures regarding non-academic disciplinary actions, refer to § 2.

At the beginning of each academic term, each entering and returning student shall receive from department chairs or program directors a description of the program of study and performance criteria necessary for successful completion of all curricular and clinical components for each offered program. The duration of the program and the time sequence in which each of the various curricular components are to be accomplished shall be included. Course directors for each program of study will also provide students with in depth guidelines for academic performance within each course syllabus.

Each program description shall include a statement of standards and expectations in regard to guidelines for academic performance, professional conduct and behavior. Professional conduct and behavior, including standards for personal hygiene shall also be specified, especially as they apply to patient care activities.

Consequences of failure by a student to: complete stated promotions guidelines in the clinic; classroom or laboratory; and/or meet required standards of professional performance in any facet of the program, may lead to academic sanctions that can include probation, suspension or dismissal.

The program description shall also indicate any other unique conditions under which the instructional staff reserves the right to exclude a student from a particular classroom, laboratory or clinical activity. Any such exclusion(s) shall not necessarily constitute suspension or dismissal from a program of study. The procedures toward suspension or dismissal are indicated below.

Academic Probation

The purpose of placing a student on Academic Probation is to provide an unambiguous warning that his/her academic achievement is not meeting the standards presented within the Promotions Guidelines of his/her academic program.

Policy Regarding Academic Probation

When academic probation is recommended, the student shall be notified of this important change in academic status, and, the notification shall contain the reasons for this action and what must be accomplished within a specified time frame in order to be removed from academic probation.

A student cannot be promoted nor graduated from a program if he/she is on academic probation. A student may be maintained on academic probation until the deficiency/ies for which he/she was originally placed on academic probation have been remedied.

Academic Suspension

The purpose of academic suspension is to remove from a program a student who has failed to heed the warning of being placed on academic probation by not remedying those deficiencies that required this action.

Policy Regarding Academic Suspension

Academic suspension may be temporary or maintained for an indefinite period. The student must be informed in writing of any change in academic status from "Probationary" to "Suspension". The reasons for this important change in academic status and its duration (temporary or indefinite) shall be given. If the suspension is temporary, the student shall be informed of what must be done to be removed from this status.

Dismissal

An action for dismissal may be initiated only after the faculty agrees that a student's academic performance or lack of performance (e.g., unauthorized absences) justifies dismissal.

Policy Regarding Dismissal

In general, such action can be initiated at any time after 90 days from first probation. However, this time period may be shortened or eliminated by the Predoctoral Promotions Committee or the Postdoctoral Curriculum Committee. The student and all members of the appropriate Predoctoral Promotions Committee, in the case of a DMD candidate, or the student and all members of the Postdoctoral Curriculum Committee, in the case of a postdoctoral candidate, shall be notified, stating the reasons for the recommendation of dismissal.

Leave of Absence

A student in academic good standing requesting a leave of absence must state the reasons and the duration of the leave of absence. The request must be in writing and shall first be approved by the Associate Dean for Academic Affairs and then by the appropriate Predoctoral Promotions Committee, in the case of a DMD candidate or by the appropriate chairperson or program director in the case of a postdoctoral candidate. If the request is approved, return to a program can only be effected through a protocol determined when the leave of absence is effected. If a leave of absence is not granted, withdrawal or unauthorized absence from a program can lead to dismissal and return to a program can only be accomplished through a formal reapplication to the school.

A student in academic difficulty may request a leave of absence from a program. The request must be in writing and shall first be approved by the associate dean for academic affairs and then by the appropriate the Predoctoral Promotions Committee in the case of the D.M.D. candidate. In the case of Post-doctoral residents, requests should be directed to the appropriate chairperson. The dean shall then be notified of the recommendation. If a leave of absence is not granted, withdrawal or unauthorized absence from a program can lead to dismissal and return to a program can only be accomplished through a formal reapplication to the school.

A student on academic probation may not be granted a leave of absence from any program. Withdrawal or unauthorized absence from a program can lead to dismissal and return to a program can only be accomplished through a formal reapplication to the school.

Appeal

A student shall also be informed that he/she has the right to appeal when any recommendation not supporting promotion or graduation or any extended suspension is made. To initiate such an appeal procedure, the student must send a letter to the dean requesting a review of the case, including a summary of reasons for seeking such a review. Appeals to the dean must be submitted within 14 days of the date of notification of academic sanction. The dean must decide if the case merits further review and the decision shall then be communicated to the student and copies of the letter sent to the appropriate department or program director involved. (In the case of a DMD student, the dean shall inform the associate dean for academic affairs and the appropriate committee. In the case of a postdoctoral student, the dean shall inform the associate dean for advanced education and the Postdoctoral Curriculum Committee). Actions to be taken related to the predoctoral program, shall be handled by the appropriate Predoctoral Promotions Committee. Actions to be taken related to a post-doctoral program, shall be handled by the Postdoctoral Curriculum Committee. Decisions or recommendations by these committees shall be reported in writing directly to the dean.

In addition, a student shall have the opportunity to appeal to the Provost of the Medical Campus by sending a letter that requests a review of the actions taken, and must include a summary of reasons that indicate that due process was not established.

§ 2 Policies and Procedures Regarding Prohibited Student Behavior or Conduct

Institutional integrity can be maintained only so long as every student believes that his or her competence is being judged fairly and that he or she will not be put at a disadvantage because of the dishonesty or improper conduct of someone else. Penalties imposed should be carefully determined so as to be no more or no less than required to maintain the desired atmosphere. In defining violation of this code the intent is to protect the integrity of the educational process.

Student Expected Behavior

Students must treat patients with the realization that the health and welfare of these patients is paramount, and students must respect the dignity and feelings of their patients in working with them.

Students must interact with the staff, faculty and fellow students in a manner that is consistent with fostering a supportive and respectful environment.

Students must conduct themselves in a mature, courteous, and professional manner in academic classes and seminars, clinics, and laboratories, and in other areas of the School of Dental Medicine and associated teaching facilities.

Diligence is an expected behavior. This means that students are expected to be in class, clinic or laboratory every day and prepared for work.

It is not possible, nor should it be necessary, to describe every type of behavior which is a violation of the Academic Code of Conduct. Conduct that is in derogation or subversion of academic or professional integrity is a violation.

The following is not exhaustive but is intended to give examples of actions that would constitute a violation.

Student Prohibited Behavior

Providing unauthorized assistance, including but not limited to:
- Giving, attempting to give, receiving or allowing unauthorized assistance to occur during an examination or exercise.
- Permitting another student to copy or copying from an examination or exercise.
Plagiarism including, but not limited to:
- Presenting the work of another as one's own.
- Allowing another student to represent your work as his or her own.
Knowingly furnishing false information, forgery, alteration or misuse of:
- Graded examinations, grade lists, or official university records or documents.
- Transcripts, letters of recommendation, degree certificates.
- Examinations or other work after submission.
- Patient records and charts.
- Classroom attendance or student preclinical and clinical records.
- Misrepresentation of a student's credentials or status.
- Patient records, by unauthorized removal of such documents from their locus of instruction or storage, or unauthorized use or dissemination of personal or private information in such documents.
- Prescriptions or controlled substances.
Unprofessional treatment of patients including, but not limited to:
- Treating patients without authorization or supervision by faculty.
- Treating patients in unauthorized clinical settings.
- Accepting personal monetary payment from patients for services.
- Waiving patient payment responsibilities without authorization, or otherwise acting in disregard of patient-related contracting and financial policies of the School of Dental Medicine .
- Failing to comply with clinic policy.
- Failing to maintain accepted protocols regarding infection control and OSHA standards.
- Treating a patient while under the influence of alcohol or drugs.
- Refusal to properly treat any patient for reasons of gender, race, color, creed, national origin, financial status, or disability.
- Patient abandonment.
- Violating patient rights to confidentiality or improperly disclosing confidential patient information.
- Falsifying patient records in any manner, e.g. by changing previous entries, making false entries, or by forging signatures, with or without intent to defraud, injure or deceive another.
Theft or destruction of property: including, but not limited to:
- Examinations or papers after submission, including purposefully altering possible poor performance.
- Unauthorized possession of someone else's property, such as laboratory or dental equipment, or the books or papers of another student.
- Unauthorized use of clinic facilities or supplies.
- Unauthorized reproduction, distribution, or sale of class notes, examinations, or other class materials without the express written consent of the author.
- Theft or destruction of examinations or papers after submission, including purposefully altering possible poor performance.
- Altering or destroying another person's work or records, including altering records of any kind (whether hard copy or electronic), removing materials from libraries or offices without consent, or in any way interfering with the work of others so as to impede their academic performance.
- Defacing or vandalizing university facilities or other personal property.
Interference with or disruption of the regular operations and activities of the school, including, but not limited to:

Teaching and research, disciplinary proceedings, service functions, or other authorized activities occurring on the premises of the school or affiliated institutions.

Violation of Boston University's condition of use and policy on computing ethics and/or Boston University School of Dental Medicine's computer ethics policy
Violation of public law

When such violation occurs within a program of the school or affects the professional interests or standards of the school, whether or not occurring on campus.

Violation of the university's code of student responsibilities
- Violations may be processed by the School of Dental Medicine or the University's Dean of Students, as appropriate.
Failure to comply with the sanctions imposed under the authority of this code or the university's code of student responsibilities
Any conduct in subversion of the academic and professional standards of the School of Dental Medicine.

Academic Conduct Code Review Board

Procedures

When an allegation or report of alleged misconduct under the code is made by a faculty member, student, or any other person, in general the allegation or report will be forwarded to the Associate Dean of Academic Affairs for pre doctoral students or the associate dean for advanced education for post-doctoral students. The associate dean who receives the report or allegation will personally or by delegation make such review as he or she deems appropriate. Such review may but is not required to include review of additional documents, interviews with relevant individuals who may include the individual(s) who presented the report or allegation and/or the student(s) identified in the report or allegation. If the associate dean who received the report or allegation believes that the matter warrants formal review under the procedures of the code, he or she shall forward the report or allegations, together with such additional information he or she may have obtained in review of the matter, to the extent he or she determines that such additional information is relevant, to the chairperson of the board.

The Dean or Associate Dean may impose a temporary suspension in any case in which a complaint has been filed. As a rule, a temporary suspension in advance of the determination by the Academic Conduct Review Board will be limited to the matters involving the health, safety or welfare of the student or other students, patients, faculty or staff; the integrity of the educational process; or maintenance of order.

The board shall consist of a chairperson, three faculty members and two students appointed by the dean.

The chairperson of the review board shall inform the student (by hand-delivered or certified letter with return receipt, to be sent at least 14 days prior to the hearing) of the following matters:

The violations.
The date, time, and location of the hearing.
A student charged with misconduct has the right to be accompanied by and have the advice of counsel or an advisor who may be a member of the faculty or an individual from outside the university, with the understanding that the advisor may not participate directly in the hearing . The student shall advise the chairperson of the name(s) of this advisor or counsel no later than seven (7) days before the hearing.
The fact that he or she shall have the ability to examine all of the documents that have been introduced in support of the violation. Providing copies of such documents will be at the discretion of the chairperson.

C) Hearings

Members of the board shall be excused if the case might involve a conflict of interest
The dean may appoint pro tempore members to replace regular members who are unable to attend or who have been excused.
Determination will be a majority of the voting members present at a hearing.
The quorum for hearings shall be four voting members of the board, at least two of whom shall be faculty members.
The chairperson shall be counted as a voting member, but shall cast his or her vote only in order to break a tie vote.
A hearing shall proceed in the absence of the accused student only if the board is satisfied that proper notice of the hearing was given to the student and that there is no legitimate cause for the absence.
The order of the hearing shall be as follows:
Presentation of charges by the board chairperson.
Presentation and examination of material evidence and witnesses by the board and by the accused student(s). In appropriate circumstances the chairperson may take steps to protect a witness through actions such as sequestering, not divulging a witness's identity, or the taking of testimony prior to a hearing.
Statement by the accused student.
After excusing the accused student and advisor and witnesses, the Board will be in executive session
Formulation of the judgment and assessment of any appropriate penalty, which may include but is not limited to warning, probation, restitution, suspension or expulsion, is by a majority vote of the members present.
Because the hearing is not a court hearing, the board is not bound by legal rules of evidence. However, every effort will be made to conduct hearings as fairly and expeditiously as possible.
The hearing shall not be public and information gained at the hearing shall be treated as privileged information by all participants. This does not bar disclosing the findings and recommendations of the board to those authorized to receive such information. Inasmuch as this provision is for the protection of the accused, it does not bar him or her from disclosing the proceedings, if he or she wishes.
The hearing shall be conducted with proper decorum. The hearing may be recessed by the chairperson if:
Additional evidence or witnesses are needed
It is apparent that a fair hearing cannot be held because of disturbances, illness, or similar causes.
Minutes of the hearing shall be taken or the hearing shall be tape recorded. The student(s) charged shall be entitled to a copy of the minutes or the recordings at his/her expense. Matters discussed in Executive Session by the board shall not be deemed to be part of the record; minutes of witness testimony will be made available at the discretion of the chairperson.

D) Recommendation

The complete recommendations, including a statement of the charges, evidence, and judgment, shall be transmitted to the dean as soon as possible.
The dean shall review the report and the appropriateness of the recommended sanctions.
The recommendations will be affirmed, modified, reversed, or referred to the Board with instructions by the dean.

The associate dean who received the report or allegation shall notify the student by certified letter of the judgment and penalty imposed and that such findings and sanctions are subject to final review by the provost after all appeals within the school have been exhausted. The letter shall also inform the student of the procedure for appeal.

F) Appeals

Within 14 business days of the receipt of the associate dean's letter a student may appeal the judgment and/or the penalty to the dean. Appeals are to be in writing, setting forth the basis of the appeal and whether the student is appealing the judgment, the penalty, or both.
The dean will review the appeal to ensure the fairness of the proceeding and the appropriateness of the sanction/conditions imposed. In general, the dean will not substitute his judgment for that of the board if the proceedings were conducted fairly and the sanction/conditions are appropriate based on the offense and the student's record. The dean may affirm, modify, reverse or refer the matter back to the board with instructions.
Before making a decision, the dean may conduct his or her own investigation if he or she feels it is warranted.
A rehearing normally will be ordered only if new evidence is presented. The procedure at a rehearing will be similar to the format used for the initial hearing.