2021 - 2022 COM Student Handbook

Dr. Kiran C. Patel College of Osteopathic Medicine (KPCOM)—Osteopathic Medicine Program 2021–2022 171 c. The student will be notified of the date, place, and time of the hearing via certified mail to the student’s last known address or hand delivered with receipt. Any student who fails to appear at the designated date and time will automatically waive his or her right to appeal. d. A quorum must be present to convene an official appeal hearing and will be constituted by 50 percent or more of the voting membership, including the chair. e. The student will provide the board chair with a list of any witnesses he or she may have, in writing, no later than two business days before the hearing date. Only witnesses with direct information that is new and relevant, and have not been presented previously to the dean or the SPC, will be considered. f. The student will be present only during his or her testimony. g. Witnesses, if any, may be present only during their testimony. Each witness will be housed in a separate waiting area to avoid any contact among witnesses or with the student. h. The Appeals Board may question any witnesses present during the hearing. i. The Appeals Board will have the option of calling more witnesses. The student shall not be present during the questioning of any witnesses. j. The assistant dean of Student Affairs and the chair of the SPC shall be nonvoting, shall serve only in an advisory capacity, and may be present throughout the entire hearing. 5. Appeals Board Hearing Process a. The chair will convene the hearing with only board members present. b. The chair will advise the board members of the charge(s) and the dean’s decision, review the evidence, respond to any questions, and provide opportunity for any additional input from ex-officio members. c. Witnesses will be called individually by the board and questioned without the student being present. d. Witnesses may be asked to remain outside the hearing room for later recall or dismissed at the board’s discretion. e. When all evidence has been heard and the witnesses questioned, the chair will call the student into the hearing room. f. The chair will introduce the student to the board members. g. The student will have an opportunity to present his or her appeal, provide statements and evidence in defense of the alleged violation(s), appeal the degree of disciplinary action, summarize his or her position, and respond to any questions from the board members. h. The chair will then dismiss the student from the hearing. i. The board members will render a decision on the student’s appeal by a majority vote of the voting members in attendance. The board may delay the vote if it determines that additional information or facts are needed before a vote.