The nursing faculty of the School of Nursing has an academic, legal and ethical responsibility to protect members of the public and of the health care community from unsafe or unprofessional nursing practices. It is within this context that a student engaged in the study of nursing may be dismissed from the School of Nursing under this Policy for practices that, in the judgment of the faculty, warrant such action.1,2
Student Awareness
Within the courses, counseling and/or other instructional forums of School of Nursing, students will be provided with the documents and statements referred to below. All nursing students are required to be familiar with the principles and policies hereby established or adopted by reference and are expected to perform in accordance with these requirements.
Grounds for Dismissal
- Presents physical or emotional problems which conflict with safety essential to nursing practice and does not respond to treatment or counseling within a timeframe that enables meeting program objectives.
- Demonstrates behavior which conflict with safety essential to nursing practice. 21 NCAC 36.0320 (d,1,2)
Procedure for Dismissal
- When, in the judgment of a faculty member, a student’s behavior constitutes conduct of a nature that warrants dismissal, the faculty member shall so notify the student in writing and instruct the student to cease attendance in any clinical courses. The faculty member will then notify in writing the course coordinator, Director of Undergraduate Program and Dean.
- The Dean will activate the Committee on Student Dismissal, which consists of faculty appointed by the Dean for a two-year term.
Hearing Process
- The Committee on Student Dismissal, through its Chair, will thereafter notify the student and the faculty member in writing within two weeks of the request as to the time and place for a hearing to determine whether, in their judgment, dismissal is warranted.
- The Committee will hold a closed hearing at which the faculty member will be present and provide oral or written evidence regarding the behavior that, in the faculty member’s judgment, is grounds for dismissal. The student will be present and be given an opportunity to provide oral or written evidence regarding his or her behavior. The evidentiary proceedings will be recorded. A support person for the student and a support person for the faculty member may be present, if desired. Support persons, including legal counsel, cannot participate in the hearing process.
- Following the evidentiary presentation, the Committee will convene in executive session to determine whether dismissal or other recommendations are warranted.
- The Committee shall make its findings and recommendations in writing to the Dean and to the student.
Post-Hearing Process
- Based on a review of the findings and recommendations of the Committee and of the evidentiary record compiled by the Committee, the Dean may accept, reject or modify the Committee’s recommendation. The Dean will notify in writing the student, the faculty member and the Course Coordinator as to the determination.
- Dismissal from the School of Nursing constitutes dismissal from the University.
- The affected student may appeal the Dean’s decision, pursuant to Section 501C(4) of the Code of the University of North Carolina.
- A student who has been dismissed may apply to the School of Nursing for readmission. The student’s application and supporting evidence for readmission will be reviewed by the School of Nursing’s Undergraduate Admissions Committee as well as the University Office of Undergraduate Admissions.
Relation to Grade Appeals Process
Where an issue under this Policy on Dismissal has been to the Committee on Student Dismissal, any grade appeal process with respect to a grade in any course shall be initiated after final decision on dismissal is made by the Dean. (Adopted by faculty May 6, 1987, revised April 11, 1988)
Policy on Prohibited Harassment and Discrimination
The University’s Policy on Prohibited Harassment and Discrimination (www.unc.edu/campus/policies/harassanddiscrim.pdf) prohibits discrimination or harassment on the basis of an individual’s race, color, gender, national origin, age, religion, creed, disability, veteran’s status, sexual orientation, gender identity or gender expression. Appendix B of this Policy provides specific information for students who believe that they have been discriminated against or harassed on the basis of one or more of these protected classifications.
Students who want additional information regarding the University’s process for investigating allegations of discrimination or harassment should contact the Equal Opportunity/ADA Office for assistance:
Equal Opportunity/ADA Office
The University of North Carolina at Chapel Hill
100 E. Franklin Street, Unit 110
Campus Box 9160
Chapel Hill, North Carolina 27599
Telephone: (919) 966-3576
Fax: (919) 962-2562
Email: equalopportunity@unc.edu
Any administrator or supervisor, including a department chair, associate dean or other administrator, who receives a student’s complaint about prohibited harassment or discrimination must notify the Equal Opportunity/ADA Office within five (5) calendar days of receiving the complaint. If a student raises a claim of prohibited harassment or discrimination during an academic appeal, an investigation of the student’s claim must be performed under the direction of the Equal Opportunity/ADA Office. The school or department must await the results of the harassment or discrimination investigation before deciding the student’s academic appeal.
Footnotes
1 This policy does not apply to dismissals for poor academic performance. Such cases are handled by the Progression Review Board.
2 Some student conduct may be both an unsafe or unprofessional nursing practice and also an offense under the Instrument of Student Judicial Governance. In such a case, the matter will be referred first to the Judicial Programs Officer for investigation by the Student Attorney General. If the Attorney General determines that the alleged behavior does not constitute an offense under the Instrument, the School of Nursing will proceed under this Policy on Dismissal. If the Attorney General determines that the alleged behavior constitutes an offense under the Instrument and that there is sufficient evidence to charge the students with that offense, the case will be heard by the Honor Court. If the Honor Court finds the student guilty of behavior that would also call the student’s professional fitness into question, the School of Nursing will consider the behavior under this Policy on Dismissal. However, if the Student Attorney General determines that the alleged behavior would constitute an offense under the Instrument but that there is insufficient evidence to charge the student, the matter will not be considered under this Policy on Dismissal. Similarly, if the student is charged but the Honor Court finds the student not guilty, the matter will not be considered further under this Policy on Dismissal.