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Grievance Procedure

PURPOSE / SCOPE:

To ICOM’s policy in relation to the fair resolution of and filing of a grievance at ICOM including the process supporting the American Osteopathic Association Code of Ethics

DEFINITIONS:

Commission on Osteopathic College Accreditation (COCA)
Professionalism and Academic Review Committee (PAR Committee)
American Osteopathic Association (AOA)

POLICY:

ICOM recognizes the need for students to voice grievances and to seek resolution to problems, disagreements with faculty/administrators, or interpretations of institutional policy. ICOM also recognizes the responsibility of the student to express their concerns in a professional and ethical manner. Concernsmayinvolvecoursegrades,promotion,behavioralissues,financialconcernsorissues related to external (e.g., COCA) accreditation standards and procedures.

All grievances must be filed in writing to the ICOM Office of the Dean. All grievance material will be securely maintained on file in the Dean’s office and the specific student/employee/faculty file as appropriate to the grievance.

Each step of the Resolution and Grievance Procedures generally take two weeks to complete, unless otherwise noted. Extensions or waivers to this timeframe may be granted on a case-by-case basis. Notice of a request for an extension from a student will be submitted within ten calendar days prior to the deadline.

Decisions about granting or denying the request for extension will be communicated to the student via letter within two business days of receipt of the request for extension. Likewise, if ICOM needs to extend a deadline, the Office of the Dean will provide said notice ten days before the due date.

Academic Resolutions and Appeals

An individual concern that is academic in nature should be first discussed with the immediate instructor or preceptor and must be done in a professional manner. This concern generally includes those that arise from personal conflicts or actions taken against a student individually. For individual concerns, if resolution cannot be reached, the student may, within two weeks of the failed resolution, appeal, in writing to the appropriate Associate Dean for the academic year involved.

If resolution cannot be reached from the prior appeals, the student may, within two weeks of the failed resolution, appeal in writing to the Dean whose decision will constitute the final resolution. The administrative officer may refuse the meeting if the appeal has not been presented in writing, in advance of the meeting.

A concern over general course procedures or grading policies should be addressed through the Class President or the Class Representative through the appropriate Curriculum and/or PAR Committee. If through the normal processes for an acceptable and reasonable request, a resolution cannot be reached, the Class President may, within two weeks of the failed resolution, appeal in writing to the appropriate Associate Dean for the academic year involved.

If resolution cannot be reached from the prior appeals, the Class President may, within two weeks of the failed resolution, appeal in writing to the Dean whose decision will constitute the final resolution. The administrative officer may refuse the meeting if the appeal has not been presented in writing, in advance of the meeting.

A concern over ICOM policies and procedures should be addressed through the SGA President and the Assistant Dean for Student Services. If through the normal processes for an acceptable and reasonable request, a resolution cannot be reached, the SGA President may, within two weeks of the failed resolution, appeal in writing to the Dean whose decision will constitute the final resolution. The administrative officer may refuse the meeting if the appeal has not been presented in writing, in advance of the meeting.

If the concern is financial or with other areas of ICOM, the student should follow the appropriate chain of command as defined by the ICOM organizational chart.

Reminder: Course Assessment policies, test question challenges and grade changes are not covered under student grievances. See syllabi for each course.

Grievance Procedure for Harassment or Discrimination

Students who feel they are being discriminated against on the basis of race, ethnicity, color, sex, gender, religion, national origin, age or disabilities have the right to exercise the Grievance Procedure.

Retaliation against any individual who files a grievance or participates in the grievance process is prohibited. Intheeventastudentoranyonewhoparticipatedinthegrievanceprocessbelievestheyhave been subjected to retaliation, that individual may use the Harassment Grievance procedures listed below.

Step One: The Resolution Process

Students who meet the technical standards and feel they are being discriminated against on the basis of race, ethnicity, color, sex, gender, religion, national origin, age or disabilities will first meet with the Assistant Dean for Student Services to explain their grievance.

The student must schedule a meeting with the Assistant Dean for Student Services within two weeks from the date of the action being grieved or the date the student should have known about the action to initiate this discussion. The grievance complaint must be made in writing and signed by the person filing it. The Assistant Dean for Student Services will investigate the grievance within a one-week period. In the case where the discrimination is in any way threatening, the Assistant Dean for Student Services will investigate the complaint and bring it to the attention of the Dean immediately for intervention.

After the investigation period of one week, the student filing the grievance, and the person against whom the grievance is filed will meet with the Assistant Dean for Student Services to discuss a peaceful and prompt resolution. This meeting will be scheduled within 14 calendar days of the initial filing of the grievance. A letter confirming the mutual decisions of the resolution will be distributed, within ten calendar days of the meeting, to all persons and kept within the permanent student and or employee files for possible future issues that may arise with the resolution.

The Assistant Dean for Student Services will keep a record of the investigation, including a report of their findings. All material will be filed as previously stated in this procedure.

Students who feel their disability needs are not being met may also file a grievance. In this case, the Assistant Dean for Student Services will meet with the person filing the grievance.

The Assistant Dean will complete the investigation of the complaint within two weeks. The student will provide the Assistant Dean with the verification of disability by a health professional and provide all suggestions for accommodations.

The Director will meet with the ICOM officer in charge of the area where the accommodations need to be made to see if a peaceful and prompt resolution can be made. Where the peaceful and prompt resolution can be made, the Director will verify that the accommodation has been made and follow with written verification to all parties within that two-week timeframe.

If the Assistant Dean for Student Services determines there is insufficient evidence to support the allegations, he/she may close the grievance and will notify the student, within that two-week timeframe, of his findings and the student’s right to request a grievance hearing.

The Assistant Dean for Student Services will keep a record of the investigation, including a report of their findings. All material will be filed as previously stated in this procedure.

Step Two: The Grievance Hearing Process

If the student feels they are being discriminated against or that their disability is not being adequately accommodated, and for whom a peaceful resolution has not been successful, they may request the Assistant Dean for Student Services and the Dean to call a Grievance Hearing. The student has 30 calendar days after receiving written notice of denial of the grievance to request such a hearing.

The request must be in writing, signed by the student, and include the following information:

  • A clear and precise statement of the grievance

  • State how the action is discriminatory or the decision unreasonable if it is a denial of a requested accommodation

  • Name the respondent parties (the person(s) against whom the grievance is filed)

  • State how each respondent is responsible for the action or decision

  • State the requested remedy

  • State whether a non-participating observer will be brought to the hearing

This information must be sent by certified mail or delivered with signature of receipt to both offices. Upon receipt of the request for a Grievance Hearing, the following processes will be followed.

  • The Dean will designate the Associate Dean for Learner Outcomes and Assessment to review the case within seven calendar days to see if a peaceful and prompt resolution can be made between the parties. In cases where this cannot be accomplished, the Dean will appoint a Grievance Hearing Board at the end of the seven days.

  • The Grievance Hearing Board will be appointed by the Dean who will notify the Grievance Hearing Board, in writing, of their appointment and inform them of the date of the hearing. The date of the hearing will be within 14 calendar days of the notice. The Dean will ensure that those participating on the Grievance Hearing Board are not a part of the alleged discrimination or the denial of accommodations. The Grievance Hearing Board will consist of two Associate Deans, two faculty members, one staff member, and one student. The Dean will chair the Grievance Hearing Board and will vote only in case of a tie.

  • The Grievance Hearing Board will hear the denial of accommodations grievance and/or the allegations of discrimination by the student. The person filing the grievance as well as the person against whom the grievance is alleged will at this time bring all witnesses and/or evidence to the hearing for the Grievance Hearing Board to consider. The Grievance Hearing Board will also review documentation, including the final report from the Assistant Dean for Student Services relating to the grievance, and, as necessary, will interview the Director as a witness in the grievance.

Prior to convening the grievance hearing meeting, the Grievance Hearing Board will be trained on the specific grievance hearing procedures relating to the individual grievance and will be provided with additional educational material as appropriate.

  • Following this initial hearing and presentation, if additional information is needed to render a decision, the Grievance Hearing Board may recess for a period of not greater than two weeks. The Grievance Hearing Board, or the Assistant Dean for Student Services at the request of the Grievance Hearing Board, will conduct further investigation of the alleged grievances. The Grievance Hearing Board may during this time meet with the ICOM's legal counsel who has further expertise in the law regarding disability and discrimination.

  • The second meeting of the Grievance Hearing Board, which will occur within a two-week period, will be to further discuss the grievance, the investigation, the educational materials provided, and the legal counsel advice. The Grievance Hearing Board may require second interviews with the person filingthegrievanceorwiththosewhomthegrievanceisfiledagainst. TheGrievanceHearingBoard will make a final ruling at this meeting. Minutes will be taken of all Grievance Hearing Board meetings. A letter will be sent to the student within 14 calendar days of the final determination by the Grievance Hearing Board.

Step Three: Final Appeal Procedure

The student has the right to appeal the decision of the Grievance Hearing Board to ICOM's Dean. The student has 30 days after receiving the Grievance Hearing Board decision letter to file for an appeal. All such requests must be in writing, signed by the student, and be sent via certified mail. The Dean will have a period of not greater than two weeks to respond to the appeal. The Dean will have the final determination as to the outcome.

Improper Relationships

Relationships between a student and a faculty/staff member entrusted to oversee the student, which extend beyond the educational requirements or beyond ICOM activities, are not allowed. Relationships with patients (by a student or faculty member) which extend beyond their care requirements are also not allowed.

Consensual Relationships

Consensual relationships between student and faculty or students and staff members are not allowed. Sexual activity is not permitted in any ICOM setting. See Code of Conduct in this Handbook for further information.

Sexual Harassment

Sexual harassment at the institution is unacceptable behavior and will not be tolerated. Sexual harassment includes sexual advances, requests for sexual favors, and other intimidating verbal or written communications or physical conduct of a sexual nature.

American Osteopathic Association Code of Ethics

Complaints regarding non-compliance with American Osteopathic Association (AOA) accreditation standards

ICOM is committed to meeting and exceeding the standards for Accreditation of Colleges of Osteopathic Medicine: COM Accreditation Standards and Procedures as described by the Commission on Osteopathic College Accreditation (COCA). A copy of the standards is available upon the request from the Office of the Dean or at the AOA COCA’s website at: www.aoacoca.org. Students in the osteopathic medicine program who believe that ICOM may not be in compliance with a standard of accreditation have the right to file a complaint through the following procedure:

  • A written, dated and signed compliant must be filed with the the Senior Associate Dean for Learner Outcomes and Assessment.

  • The Senior Associate Dean for Learner Outcomes and Assessment will review the grievance and will refer the grievance to the appropriate administrates for investigation, review and appropriate action.

  • The results of the investigation will include findings of fact, a determination of standard compliance or non-compliance, and recommended corrective actions. The results will be communicated in writing to the Senior Associate Dean for Learner Outcomes and Assessment, Office of Student Services and the student complainant.

  • If corrective action is indicated, the Senior Associate Dean for Learner Outcomes and Assessment will develop a description/plan for such action within 30 days of receipt of the ad hoc committee results and deliver such plan to the Dean with a copy to the ad hoc committee. If corrective action is not indicated, the ad hoc committee will inform the complainant of their results.

  • Records of all proceedings regarding complaints will be maintained by the Dean’s Office. The Senior Associate Dean for Learner Outcomes and the Office of Student Services.

  • In the event that the student complainant is not satisfied with the ad hoc committee determination and/or correction action, the student may appeal the decision to the Dean.

  • In the event that the student complainant is not satisfied with the ad hoc committee determination and/or corrective action, the student may communicate the complaint to:
    COCA Assistant Secretary
    Commission on Osteopathic College Accreditation American Osteopathic Association
    142 East Ontario Street
    Chicago, IL 60611-2864
    Phone: 312-202-8097
    Fax: 312-202-8397
    Email: predoc@osteopathic.org

ICOM recognizes the right of students to express complaints regarding COCA Accreditation Standards and procedures directly to the immediate accrediting body, COCA.

American Osteopathic Association Code of Ethics

As an osteopathic facility, ICOM requires that all students read and follow the following code of ethics.

All students and physician faculty are required to follow the code of ethics as adopted by the American Osteopathic Association (AOA), and as listed below:

Section 1. The physician shall keep in confidence whatever she/he may learn about a patient in the discharge of professional duties. The physician will divulge information only when required by law or when authorized by the patient.

Section 2. The physician shall give a candid account of the patient's condition to the patient or to those responsible for the patient's care.

Section 3. A physician‐patient relationship must be founded on mutual trust, cooperation, and respect. The patient, therefore, must have complete freedom to choose her/his physician. The physician musthavecompletefreedomtochoosepatientswhomshe/heshallserve. However,thephysicianshould not refuse to accept patients because of the patient's race, creed, color, sex, national origin or handicap. In emergencies, a physician should make her/his services available.

Section 4. A physician is never justified in abandoning a patient. The physician shall give due notice to a patient or to those responsible for the patient's care when she/he withdraws from the case so that another physician may be engaged.

Section 5. A physician shall practice in accordance with the body of systematized and scientific knowledge related to the healing arts. A physician shall maintain competence in such systematized and scientific knowledge through study and clinical applications.

Section 6. The osteopathic medical profession has an obligation to society to maintain its high standards and, therefore, to continuously regulate itself. A substantial part of such regulation is due to the efforts and influence of the recognized local, state and national associations representing the osteopathic medical profession. A physician should maintain membership in and actively support such associations and abide by their rules and regulations.

Section 7. Under the law a physician may advertise, but no physician shall advertise or solicit patients directly or indirectly through the use of matters or activities, which are false or misleading.

Section 8. A physician shall not hold forth or indicate possession of any degree recognized as the basis for licensure to practice the healing arts unless he is actually licensed on the basis of that degree in the state in which she/he practices. A physician shall designate her/his osteopathic school of practice in all professional uses of her/his name. Indications of specialty practice, membership in professional societies, and related matters will be governed by rules promulgated by the American Osteopathic Association.

Section 9. A physician should not hesitate to seek consultation whenever she/he believes it advisable for the care of the patient.

Section 10. In any dispute between or among physicians involving ethical or organizational matters, the matter in controversy should first be referred to the appropriate arbitrating bodies of the profession.

Section 11. In any dispute between or among physicians regarding the diagnosis and treatment of a patient, the attending physician has the responsibility for final decisions, consistent with any applicable osteopathic hospital rules or regulations.

Section 12. Any fee charged by a physician shall compensate the physician for services actually rendered. There shall be no discipline/department of professional fees for referrals of patients.

Section 13. A physician shall respect the law. When necessary a physician shall attempt to help to formulate the law by all proper means in order to improve patient care and public health.

Section 14. In addition to adhering to the foregoing ethical standards, a physician shall recognize a responsibility to participate in community activities and services.

Section 15. It is considered sexual misconduct for a physician to have sexual contact with any current patient whom the physician has interviewed and/or upon whom a medical or surgical procedure has been performed.

Section 16. Sexual harassment by a physician is considered unethical. Sexual harassment is defined as physical or verbal intimation of a sexual nature involving a colleague or subordinate in the workplace or academic setting, when such conduct creates an unreasonable, intimidating, hostile or offensive workplace or academic setting.

Formal Federal Agency Grievance Procedures

Students with grievances or complaints against ICOM based upon violations of Section 504 or the ADA also have the right to file a complaint with the Office for Civil Rights by:

  1. Mailing the grievance or complaint to the Director, District of Columbia Office, Office for Civil Rights (OCR), U.S. Department of Education, P.O. Box 14620, Washington, DC 20044- 4620; or

  2. Faxing it to the Director at (202) 208-7797; or

  3. Filing it electronically at: http://www.ed.gov/about/offices/list/ocr/complaintprocess.html.

  4. For more information students can contact the Office for Civil Rights via phone: (202) 786-0500 (voice) and (202) 208-7741 (TDD) or via e-mail at: orc@ed.gov.

Notes and Definitions

  • The word “student” in this manual refers to any person who is enrolled in any course offered by ICOM.

  • The words “professor” or “instructor” in this manual refer to any person who is authorized by the Idaho College of Osteopathic Medicine to hold and teach a class sponsored by the Idaho College of Osteopathic Medicine or precept a student during an off-campus practice experience.

  • The words “Idaho College of Osteopathic Medicine” and “School” refer to Idaho College of Osteopathic Medicine and the Idaho College of Osteopathic Medicine School of Osteopathic Medicine, respectively.

  • The phrase PAR Committee refers to that committee that is assigned by the ICOM Dean to review situations in which ICOM students are involved in academic or professional misconduct.

  • The word “day(s)” refers to official school days — not holidays, weekends or summer session.

ICOM reserves the right to change, delete, or modify any item in this document at any time. Proper notification concerning changes, deletions or modifications of said document will be sent to all students.

PRIMARY POLICY OWNER:

Assistant Dean of Student Services

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