This section of the handbook dealing with appeal and grievance procedures only applies to areas not covered in previous sections. These areas include sexual harassment, assault and accommodations for disabilities.
The purpose of an appeal mechanism is to ensure the integrity of the system; the purpose is not to get a second opinion or substitute the judgment of one person for another. The hearer of an appeal makes that determination based on whether there were any procedural errors or errors in judgment by the original decision making body or individual. Procedural errors must be both serious and material. Minor deviations from established protocols do not constitute grounds to overturn a decision, nor do serious deviations if they did not materially affect the outcome, that is to say, the same decision would be arrived at even if no deviations in procedure had occurred. The hearer would determine if an error in judgment had occurred if evidence showed that the decision was inconsistent with established practice, rules, guidelines, or policies. The evidence supporting an error in judgment must be clear and convincing, that is, if that evidence was presented to a group of reasonable persons, at least 75 percent of those persons would conclude that an error in judgment had been made. This is a higher standard of evidence required for the original decision, in which only a preponderance of the evidence agreed to by a simple majority was necessary.
Medical Student Grievance Procedures
1. Informal Mediation:
A student who believes he/she has been treated unfairly should first attempt to resolve the difficulty through discussion with the other person involved. If the matter cannot be resolved through direct discussion, or the student prefers not to contact the person directly, and the student wishes to pursue the matter further, he or she must then discuss the matter with the Associate Dean for Medical Education. The Associate Dean will discuss the matter informally with the parties and attempt to resolve it by mediation.
If a mutually satisfactory solution is not achieved by mediation and the student wishes to pursue the matter further, then the student may pursue the formal grievance procedure described below. If not, no further action is taken.
2. Formal Grievance Procedure:
a. A written appeal must be filed with the Associate Dean for Medical Education. This appeal must ask for review of the question and must specify the injury alleged, the reasons for the student’s belief that he or she is aggrieved, and the remedy sought.
b. If the Associate Dean determines that sufficient information exists to warrant a review, he/she shall refer it to an Appeal & Grievance Committee that will be convened by the Associate Dean. This committee will consist of three faculty members identified by the Associate Dean. If it is a decision by the Associate Dean that is being contested, then the appeal is made directly to the Dean of Medicine and Biological Science.
c. If an Appeal & Grievance Committee is convened, the committee shall hear the student, consider the information, confer with other persons concerned, and prepare a report of finding. Committee recommendations shall be made by simple majority vote of the members and shall be transmitted to the Associate Dean, who shall determine the course of action to be taken. A memorandum of what was done shall be prepared for the official record, either by the Associate Dean or by a designated member of the committee, and a copy given to the student.
Sexual Harassment, Misconduct and Assault, Gender Equity, and Racial and Ethnic Discrimination
Brown University’s Sexual Harassment policy is available at: http://www.brown.edu/Administration/diversity/documents/SexualHarassment.... Medical students who are aware of or have experienced an incident of sexual harassment or sexual assault should promptly report the matter, either through informal or formal mechanisms. The informal mechanism allows the student to receive personal guidance and support. Dr. Christine Montross, (Christine_Montross@Brown.edu) is a consultant to the Office of Student Affairs on issues of student mistreatment, sexual harassment and gender equity. She also serves as the faculty advisor for the Student Health Council (http://brown.edu/academics/medical/student-affairs/student-groups#shc), a peer support and advising group. Finally, the medical school’s Office of Diversity and Multicultural Affairs (http://brown.edu/academics/medical/diversity) can advise and support students on issues involving gender equity, and racial and ethnic discrimination. Medical students with any level of concern or need for clarification pertaining to these areas are encouraged to contact these individuals/offices or any member of the medical school administration (including academy directors) to discuss their options. Included in that discussion will be a description of the reporting mechanisms made available by the University.
Students may directly initiate formal grievance procedures, whether or not they go through an informal channel first, by filing a written grievance. If a sexual harassment charge is being made against a member of the faculty or staff, the grievance should be filed with a Sexual Harassment Information Liaison at 3-3145. If the alleged offender is a student, the grievance is filed with the Office of Student Life at 3-3145 or with the Administrator on Call at 3-4111.
Sexual Harassment Information Liaisons and other University personnel (including Deans, Advocates and Harassment & Assault Crisis Coordinators) are required to report incidents which are brought to their attention by students to the designated Title IX Compliance Coordinator (Associate Provost Wilson for alleged sexual harassment by faculty/staff; Dean J. Allen Ward for alleged sexual harassment by students). Among other benefits, this policy enables Brown to learn about or confirm a pattern of harassment based on claims by different students that they were harassed by the same individual.
If the investigation leads to a finding that a violation has occurred, sanctions will be imposed by the Provost when the offender is a faculty member, by a Senior Officer in the case of a staff person, or by the Senior Associate Dean of Student Life in the case of students. Sanctions may range from written reprimands to separation from the university.
Brown University’s Discrimination/Harassment Policy and Grievance Procedures are available at: http://www.brown.edu/Administration/diversity/documents/DiscriminationPo....
A document on Preventing and Responding to Sexual Harassment and Sexual Assault, a resource guide for medical students, is available at http://bms.brown.edu/wim/booklet/index.html
Student Disability Grievance/Appeal Procedure
Students in the medical school have the right to file grievances/appeals alleging that they are being subjected to prohibited discriminatory treatment in a program or activity of the university based on their disability status. The grievance procedure is:
- The student who believes he or she has been discriminated against based on the student's disability status should first discuss the problem with the person or department in question. Equitable resolution of the matter between the parties should be sought through this discussion. At the request of either party, the supervisor or department head under whose jurisdiction the matter may fall may participate in these discussions.
- If the student does not believe the problem has been equitably resolved, the student may then file a written complaint with the Associate Dean for Medical Education. If in the opinion of the Associate Dean, the matters fall within the functional review area of another officer of the University, then the complaint shall be referred to that officer for inquiry and resolution (e.g., the Vice President for Campus Life and Student Services).
- The Associate Dean or officer hearing the grievance shall conduct an inquiry into the matter as he/she determines is appropriate (the Associate Dean or officer shall have the discretion to appoint an individual or individual(s) to review the matter at his/her behest and render an opinion as to the resolution of the matter) and establish procedures and schedules for inquiry and resolution. The Associate Dean or officer will then make a final decision, which will then conclude the matter with such implementation or corrective action as may be prescribed.
- All parties should seek to act promptly in the conduct of resolving disagreements and grievances. In general, the parties should seek to complete each phase of the process within ten (10) working days, it being understood that particular matters may take longer for a variety of reasons (complexity of the matter, availability of people, etc.).
Note: This procedure is to be used when the matter does not fall within the jurisdiction of other functional review and grievance mechanisms (e.g., the Non-Academic Disciplinary Code or the Financial Aid Awards Review Board).