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Chapter 3349-5 | Student Conduct and Health Initiatives
Rule 3349-5-30 | Mistreatment and inappropriate professional interaction rule.
The university is committed to maintaining a professional and inclusive learning environment in which all students are treated with respect and dignity. This environment should promote interactions based on individual strengths and characteristics to encourage constructive, thoughtful, respectful, sensitive behavior, consistent with the standards of the various health professions in which our students are being trained.
(1) A complaint of mistreatment or inappropriate professional interaction may be made by any student against any other member of the university community, so long as it relates to the educational activities of university. Student complaints of mistreatment or inappropriate professional Interactions about course instructors, teaching methods, evaluations or course related matters are to be handled in accordance with this rule.
(2) This rule will not be interpreted, administered or applied to infringe upon the academic freedom of any faculty member of the university. The frank discussion of controversial ideas, the provision of constructive criticism related to educational performance, the pursuit and publication of controversial research, and the study and teaching of material with controversial content do not constitute mistreatment, provided these activities are conducted in an atmosphere of respect.
(3) This rule is not to be interpreted, administered or applied in such a way as to detract from the rights and obligations of those in an evaluative role to manage and discipline students, subject to the university's policies and procedures.
(4) A student may not use this rule to review the decisions or recommendations of the committee on academic and professional progress ("CAPP"). These decisions may only be reviewed in accordance with the university rule on "CAPP."
(5) This rule is not meant to govern situations where students believe that they have been subjected to sexual misconduct, sexual harassment, discriminatory treatment or other illegal activity. Complaints of that nature are addressed under separate university rules.
(1) "Complainant" refers to any person who seeks recourse pursuant to this rule because he/she has reasonable cause to believe he/she has experienced mistreatment or inappropriate professional interaction.
(2) "Inappropriate Professional Interaction" refers to conduct that is offensive, uncivil, and generally disrespectful to a reasonable professional in the field.
(3) "Mistreatment" refers to words, gestures or actions that tend to alarm, intimidate or demean another.
(4) "Respondent" refers to a person or person against whom an allegation of mistreatment or inappropriate professional interaction has been made.
(5) "University-Related Activity" refers to all activities operated under the auspices of the university on the rootstown campus or in any affiliated institution, program or agency.
(D) Body of the rule
(1) All students of the university community are encouraged to resolve complaints informally. Students who feel they have experienced mistreatment or inappropriate professional interaction should discuss the matter with their faculty advisor, personal advisor, the chief student affairs officer. These individuals will:
(a) Provide students a forum for expressing concerns and exploring options for addressing the conduct at issue;
(b) Advise students on both informal and formal procedures for addressing their concerns; and
(c) 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 mistreatment or an inappropriate professional interaction has occurred, the individual has the responsibility to discuss the issue with his/her respective vice dean, even if the student does not wish to file a formal complaint.
(2) Students may confidentially discuss an informal complaint with the university ombuds as well.
After receiving a detailed statement of the complaint, ombuds may, with the permission of the complainant, discuss the complaint with the respondent in order to seek a mutually acceptable resolution. If no resolution is reached, the ombuds will explain that the complainant may file a formal complaint.
(3) Unless a formal complaint is filed, no further action will be taken by the university other than what is set forth in this rule.
(4) Formal complaint
(a) A complaint becomes formal when a complainant completes the inappropriate behavior form and delivers it to one of the members of the university community designated to receive such complaints.
Upon receipt, all formal complaints are forwarded to the chief student affairs officer. The chief student affairs officer investigates and adjudicates the matter or convenes an investigation committee, if necessary.
(b) Students may file a formal complaint in accordance with the above procedure within thirty calendar days of the last alleged incident of mistreatment or inappropriate professional interaction.
(c) Copies of the complaint form shall be included in the NEOMED COMPASS, and on the university website.
(5) Investigation process for a formal complaint
(a) The investigation shall be conducted by the chief student affairs officer with the assistance of other university faculty or staff, as appropriate. The chief student affairs officer will consult the general counsel on all matters of evidence, rule interpretation and/or procedure.
(b) The chief student affairs officer may, for good cause shown, exercise discretion in delaying the investigatory phase of a formal complaint if dealing otherwise would compromise the investigation or adversely affect the student's matriculation.
(c) The investigation process will include one or more of the following steps as appropriate:
(i) Confirm name, year, and college of the complainant;
(ii) Identify name, title and role of the respondent;
(iii) Develop a thorough understanding of the professional relationship, degree of control and amount of interaction between the complainant and respondent; and
(iv) Determine the frequency/severity and type of alleged mistreatment or inappropriate professional interaction.
(6) Discipline and sanctions
(a) Failure to cooperate with the investigation or resolution of a formal complaint is considered a violation of this rule and may be grounds for discipline or sanctions.
(b) Disciplinary sanctions related to faculty will be undertaken in accordance with the faculty rules. In addition, the respondent may be required to participate in a special education or counseling experience.
(c) When criminal conduct is suspected or has occurred, the chief student affairs officer will refer the matter to the general counsel as appropriate.
(d) If the investigation reveals that the allegation was frivolous, vexatious or malicious, the chief student affairs officer may recommend sanctions against the complainant.
(e) Each party will be informed in writing of the final decision. The final decision and the report of the chief student affairs officer will be placed in the appropriate personnel file or student file if the respondent is found to have violated this rule.
(7) Documentation of student complaints
(a) University is required by the higher learning commission ("HLC") to track all student formal complaints. The chief student affairs officer will maintain all formal complaints, along with the final written discussion of such complaints as set forth below. Students should understand the university is required to share information about complaints with each colleges' respective accreditation agencies. Every effort shall be made to treat the information with discretion and privacy to protect the individual identities regarding such complaints.
(b) The chief student affairs officer will maintain a database on formal complaints in accordance with the respective accreditation standards for each college.
(8) Discretion in releasing complaints or formal investigation records
(a) Other university personnel 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, and any witnesses or persons involved in the formal or informal investigation of the complaint.
(b) Records created as a result of any formal complaint or investigation will be maintained and released in accordance with state and federal law.
Rule 3349-5-45 | International travel.
Rule 3349-5-75 | Student health initiatives.
To ensure that all students participating in student-led health fairs and related events are appropriately trained and supervised such that their activities are properly covered for purposes of liability and are compliant with any state and federal regulations and professional licensure requirements.
This rule applies to all students in the college of medicine and college of pharmacy who are engaging in university-sponsored student-led health fairs, screenings and other clinical or educational events.
(1) "CLIA" refers to the clinical laboratory improvement amendments, which is a document provided by the centers for disease control and prevention for the purpose of setting standards for the accredited laboratories.
(2) "Clinical Activities" refers to the provision of clinical services, such as administration of vaccines at a flu clinic or the review of medications in a medication therapy management consult.
(3) "OSHA" refers to the occupational safety and health administration, which governs workplace safety.
(4) "Screenings" refers to conducting or determining blood glucose levels, blood pressure levels, body fat analysis, body mass index, bone density testing, cholesterol testing and glaucoma screening.
(D) Rule statement
(1) Student health fairs and screenings
(a) The health fair or screening should be designed to meet an identified need within the community or to target an underserved population who is otherwise unable to obtain such services.
(b) Any student(s) or student organization(s) seeking to host a health fair or screening event must contact the office of student affairs in order to obtain an "application to host a student health event." The application must be completed and returned to the office of student affairs no less than fourteen days prior to the event.
(c) Consistent with the student health event application, the student(s) or student group(s) must document the following information about the event for review and approval:
(i) Type of activity being conducted during the event;
(ii) Type and amount of university clinical supervision that will be present at the event, which must provide for supervision of university pharmacy students in a one to two pharmacist to student ratio and university medical students in a one to four clinician to student ratio;
(iii) Whether CLIA and/or OSHA training is required for the screenings being conducted;
(iv) Consent form for participants; and
(v) Educational materials for participants.
(d) The dean of the college(s) in which the student(s) are enrolled or which has authority over the student organization(s) involved must review and approve of the event in order for the event to be considered an educational experience sanctioned by the university and therefore falling within the scope of the applicable professional liability coverage in place for students.
(e) The student(s) or student organization(s) are responsible for obtaining the requisite supplies necessary to conduct any testing or screening at the event. Student(s) can apply to one of the university's student organizations or university student council for funding to cover the supply costs for the event.
(f) The student(s) or student organization(s) are responsible for obtaining the requisite equipment necessary to conduct any testing or screening at the event. Student(s) can obtain blood pressure cuffs, bone density testing equipment, or glucometers for use at the event from the Wasson center.
(g) The office of student affairs shall maintain a calendar of events authorized under this rule.
(h) All students and clinical faculty participating in the event must have completed blood-borne pathogen and CLIA waiver training as indicated on the student health event application.
(i) Students must have a documented plan to address event participants who are identified as presenting with significant risk of an impending health event (e.g., extreme results related to blood pressure or blood sugar levels).
(j) No pediatric screening, risk assessment, or other pediatric services will be conducted at any university health fair. Any activities geared toward those under the age of eighteen must be designed solely for the purpose of entertainment or education; they cannot include any pediatric screening or assessment.
(k) Under no circumstances do the screenings or education materials provided by student(s) and student organization(s) at events governed under this section establish a doctor-patient relationship. Student(s) and student organization(s) must make this evident to all participants through their written materials and statements to participants.
(2) Other clinical events
(a) Any students or student organizations who engage in the provision of clinical services such as hosting a flu clinic, conducting a "brown-bag" medication review, or providing medication therapy management in a no-cost manner must complete a "student health event application" to ensure that they are adequately trained and supervised in providing the foregoing services.
(b) Under no circumstances do the clinical services provided by student(s) and student organization(s) at events governed under this paragraph establish a doctor-patient relationship. Student(s) and student organization(s) must make this evident to all participants through their written materials and statements to participants.
(3) Educational events
Students or student organizations who present health education and prevention information to the general public or a targeted audiences need to have their educational materials reviewed by their faculty advisor or course instruction before engaging in such activities. Faculty advisors should engage the assistance of library copyright staff to make determinations of appropriate use of materials.
(4) Volunteer activities
Students may participate in a wide array of volunteer activities that occur off campus and outside of the curricular requirements of their degree program. When students engage in such independent volunteer activities that fall outside of any approved event that is sponsored through and sanctioned by the university, they do so at their own risk. In these instances, the student will not be covered under the university's professional liability insurance for any situations that arise out of these volunteer activities.
Any data collected in conjunction with the events approved under this rule must be for evaluation purposes only, and not for purposes of research. Students wishing to utilize data from event participants for research purpose must first seek approval of their protocol from the university's institutional review board.