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This sounds really stupid on both sides
Pursuant to University procedures, Goldberg formed an
Honor Code Council subcommittee to investigate. After
holding a hearing, the subcommittee issued a report
recommending Chenari’s dismissal for academic dishonesty.
The subcommittee forwarded its recommendation to the
Medical Student Evaluation Committee, and in a written
statement to that Committee Chenari took responsibility for
his “deplorable behavior” toward the proctor, acknowledging
his “clear violation of the most basic rules of th[e]
University.” Chenari Dep. Ex. 37 at 1. He nonetheless asked
for leniency because, he insisted, his “behavior did not
involve deception” and he had no prior disciplinary
infractions. Id. After a hearing, the Committee unanimously
recommended Chenari’s dismissal. The Medical School Dean
then reviewed the reports, met with Chenari, and upheld the
recommendation of dismissal.
They pulled a Drake, and went 0 to 100 real quick. Seems kind of heavy-handed.
Sounds like he did stupid things and had a shaky defense. To be expelled for panicking on a Shelf exam though... yikes. Can't help but wonder in a somewhat 'extreme' situation like this (was this really academic dishonesty?) if the school was basically looking for an excuse to get rid of him secondary to prior issues.Interested to hear what you think the school did that was stupid.
For the sake of people who don't enjoy reading legal proceedings and the fact that these always devolve into the details of the case, this is my paraphrasing, please feel free to correct on facts or if I appear biased in how I translated.
#1 NBME exam finishes and student continues to work.
#2 Proctor asks student to stop and he refuses.
#3 Proctor tries to physically take the exam and the student blocks him and continues to work.
#4 Proctor/2nd student report #1-3 to the school.
#5 Associate dean interviews student about the incident.
#6 Student says, "needed to" finish, "probably made a mistake"
#7 Dean forms an honor code subcommittee as per university guidelines.
#8 Honor code subcommittee recommends dismissal on grounds of academic dishonesty to the MSEC.
#9 The student acknowledges "deplorable behavior" and "clear violation of the most basic rules of the University", requests leniency because "behavior did not involve deception" and has no history of other infractions.
#10 MSEC Recommends unanimously dismissal.
#11 Dean reviews MSEC report and tells student they are being expelled.
#12 Student appeals to provost saying, "behavior did not involve deception", "no prior infractions".
#13 Provost reviews reports and upholds expulsion.
#14 ~18 months later, Student sues the school for breach of contract (claims he did not violate the honor code) and violation of the Rehabilitation act (did not accommodate for his ADHD and discrimination against him because of his disability)
#15 Federal court decides in summary judgement in favor of the school.
#16 Case is appealed. Appeal court finds "obvious breach of Honor Code" and "sufficient evidence for dismissal"
#17 They reject all 4 of his arguments calling them "absurd" multiple times and even say to one of them, "so absurd that it hardly requires a response".
#18 Student argues that he told the school he had ADHD 2 months prior to text issue. Dean flatly denies this.
#19 Appeals court says that you can't throw out case in summary judgement based on "he said, she said," but that it doesn't matter because the student did not seek accommodation.
#20 Student acknowledges that he did not seek accommodation, but "repeated notifications to the administration created an obligation" to investigate and implement accommodations.
#21 Court finds that records "are abundantly clear" that accommodations were offered.
#22 School officials had offered him referrals for counseling and therapy twice, both times he did not follow up because he "did not have time".
#23 Appeals court upholds dismissal.
Could easily see a school going lighter on something like this, but by the same token, obvious violation is an obvious violation.
#2 Proctor asks student to stop and he refuses.
#3 Proctor tries to physically take the exam and the student blocks him and continues to work.
Interested to hear what you think the school did that was stupid.
For the sake of people who don't enjoy reading legal proceedings and the fact that these always devolve into the details of the case, this is my paraphrasing, please feel free to correct on facts or if I appear biased in how I translated.
#1 NBME exam finishes and student continues to work.
#2 Proctor asks student to stop and he refuses.
#3 Proctor tries to physically take the exam and the student blocks him and continues to work.
#4 Proctor/2nd student report #1-3 to the school.
#5 Associate dean interviews student about the incident.
#6 Student says, "needed to" finish, "probably made a mistake"
#7 Dean forms an honor code subcommittee as per university guidelines.
#8 Honor code subcommittee recommends dismissal on grounds of academic dishonesty to the MSEC.
#9 The student acknowledges "deplorable behavior" and "clear violation of the most basic rules of the University", requests leniency because "behavior did not involve deception" and has no history of other infractions.
#10 MSEC Recommends unanimously dismissal.
#11 Dean reviews MSEC report and tells student they are being expelled.
#12 Student appeals to provost saying, "behavior did not involve deception", "no prior infractions".
#13 Provost reviews reports and upholds expulsion.
#14 ~18 months later, Student sues the school for breach of contract (claims he did not violate the honor code) and violation of the Rehabilitation act (did not accommodate for his ADHD and discrimination against him because of his disability)
#15 Federal court decides in summary judgement in favor of the school.
#16 Case is appealed. Appeal court finds "obvious breach of Honor Code" and "sufficient evidence for dismissal"
#17 They reject all 4 of his arguments calling them "absurd" multiple times and even say to one of them, "so absurd that it hardly requires a response".
#18 Student argues that he told the school he had ADHD 2 months prior to text issue. Dean flatly denies this.
#19 Appeals court says that you can't throw out case in summary judgement based on "he said, she said," but that it doesn't matter because the student did not seek accommodation.
#20 Student acknowledges that he did not seek accommodation, but "repeated notifications to the administration created an obligation" to investigate and implement accommodations.
#21 Court finds that records "are abundantly clear" that accommodations were offered.
#22 School officials had offered him referrals for counseling and therapy twice, both times he did not follow up because he "did not have time".
#23 Appeals court upholds dismissal.
Could easily see a school going lighter on something like this, but by the same token, obvious violation is an obvious violation.
Sounds like he did stupid things and had a shaky defense. To be expelled for panicking on a Shelf exam though... yikes. Can't help but wonder in a somewhat 'extreme' situation like this (was this really academic dishonesty?) if the school was basically looking for an excuse to get rid of him secondary to prior issues.
I agree. Student could have been smarter about this.
Just seems like there was a lack of malicious intent. "Academic dishonesty" is a little misapplied imo. Now the system is out one doctor, he's out $XYZ and some years lost. There was a better way for the school to uphold it's standards and let this guy learn from his foolishness.
I absolutely agree that it is up to the school; I generally have confidence that the administration and those involved in student dismissals/retention have logical and thorough reasoning behind what they do. As they say in the verdict, the issuance of a diploma means that the school has good faith in a student to perform at a level that reflects well on their institution. Having served on my school's disciplinary committee, I can also vouch that most cases like this are not isolated events in so far as the students pulling off this kind of thing often have long, documented histories of questionable actions.Personally, I don't think that it is disputable that he violated the honor code. I likewise think that it should be up to the school to determine if a particular honor code violation is deserved of expulsion or some other punishment. In this case, the Dean, MSEC (composed of peers/other faculty I assume) and the provost, all unanimously thought that it was appropriate. They know more details than we do, so personally, I defer to the group directly involved at least some (if not most of whom) are independent and have no stake (as the courts said).
I would read this differently than you though. He knew at the time what he was doing was wrong. Despite indications from the proctor x3, he continued to work. We can argue back and forth about whether this is correctable or not. We can also argue the benefits and the negatives of a harsh policy when it comes to being a deterrent. In my experience as an educator, many students don't take academic dishonesty seriously because there is a sense that most other students don't take it seriously and it is often easy to get away with things. I've seen things at every level, from my classmates in high school to my co-residents now. It is pervasive and people generally don't stop, even after being reprimanded.
When people panic they do the most bizarre things
I guess when I read this I feel bad for the guy because it may have been his first academic infraction and I think the price is deep--he should be reprimanded--I just wish I knew how did this lead to the unanimous decision of kicking him out--i'm sure it's for good reason no doubt but i'm curious what discussion occurred in that committee.
Interested to hear what you think the school did that was stupid.
For the sake of people who don't enjoy reading legal proceedings and the fact that these always devolve into the details of the case, this is my paraphrasing, please feel free to correct on facts or if I appear biased in how I translated.
#1 NBME exam finishes and student continues to work.
#2 Proctor asks student to stop and he refuses.
#3 Proctor tries to physically take the exam and the student blocks him and continues to work.
#4 Proctor/2nd student report #1-3 to the school.
#5 Associate dean interviews student about the incident.
#6 Student says, "needed to" finish, "probably made a mistake"
#7 Dean forms an honor code subcommittee as per university guidelines.
#8 Honor code subcommittee recommends dismissal on grounds of academic dishonesty to the MSEC.
#9 The student acknowledges "deplorable behavior" and "clear violation of the most basic rules of the University", requests leniency because "behavior did not involve deception" and has no history of other infractions.
#10 MSEC Recommends unanimously dismissal.
#11 Dean reviews MSEC report and tells student they are being expelled.
#12 Student appeals to provost saying, "behavior did not involve deception", "no prior infractions".
#13 Provost reviews reports and upholds expulsion.
#14 ~18 months later, Student sues the school for breach of contract (claims he did not violate the honor code) and violation of the Rehabilitation act (did not accommodate for his ADHD and discrimination against him because of his disability)
#15 Federal court decides in summary judgement in favor of the school.
#16 Case is appealed. Appeal court finds "obvious breach of Honor Code" and "sufficient evidence for dismissal"
#17 They reject all 4 of his arguments calling them "absurd" multiple times and even say to one of them, "so absurd that it hardly requires a response".
#18 Student argues that he told the school he had ADHD 2 months prior to text issue. Dean flatly denies this.
#19 Appeals court says that you can't throw out case in summary judgement based on "he said, she said," but that it doesn't matter because the student did not seek accommodation.
#20 Student acknowledges that he did not seek accommodation, but "repeated notifications to the administration created an obligation" to investigate and implement accommodations.
#21 Court finds that records "are abundantly clear" that accommodations were offered.
#22 School officials had offered him referrals for counseling and therapy twice, both times he did not follow up because he "did not have time".
#23 Appeals court upholds dismissal.
Could easily see a school going lighter on something like this, but by the same token, obvious violation is an obvious violation.
Hell I know people from undergrad who had cheat circles and in a few years, one of them will be doing boob jobs and tummy tucks. Some get through smh.
This is just your guess that it is not his first infraction. I think if more existed, it would have come out in the case.In my, and others experiences, this is highly unlikely to have been his first infraction. It's more like the "tip of the iceberg".
My gut suspicion is that if this were truly a first time offense, the school would have been more likely to suspend him for a year, make him get counseling, and probably attend some sort of ethics classes. Most med schools go out of their way to salvage student careers, especially once one gets past Boards.
I am surprised at how many of you think that your word is worthless. Written agreements seem to mean nothing.
https://www.gpo.gov/fdsys/pkg/USCOURTS-dcd-1_14-cv-00929/pdf/USCOURTS-dcd-1_14-cv-00929-0.pdf
More details on the case. Makes it a lot more clear what really happened.
Interested to hear what you think the school did that was stupid.
For the sake of people who don't enjoy reading legal proceedings and the fact that these always devolve into the details of the case, this is my paraphrasing, please feel free to correct on facts or if I appear biased in how I translated.
#1 NBME exam finishes and student continues to work.
#2 Proctor asks student to stop and he refuses.
#3 Proctor tries to physically take the exam and the student blocks him and continues to work.
#4 Proctor/2nd student report #1-3 to the school.
#5 Associate dean interviews student about the incident.
#6 Student says, "needed to" finish, "probably made a mistake"
#7 Dean forms an honor code subcommittee as per university guidelines.
#8 Honor code subcommittee recommends dismissal on grounds of academic dishonesty to the MSEC.
#9 The student acknowledges "deplorable behavior" and "clear violation of the most basic rules of the University", requests leniency because "behavior did not involve deception" and has no history of other infractions.
#10 MSEC Recommends unanimously dismissal.
#11 Dean reviews MSEC report and tells student they are being expelled.
#12 Student appeals to provost saying, "behavior did not involve deception", "no prior infractions".
#13 Provost reviews reports and upholds expulsion.
#14 ~18 months later, Student sues the school for breach of contract (claims he did not violate the honor code) and violation of the Rehabilitation act (did not accommodate for his ADHD and discrimination against him because of his disability)
#15 Federal court decides in summary judgement in favor of the school.
#16 Case is appealed. Appeal court finds "obvious breach of Honor Code" and "sufficient evidence for dismissal"
#17 They reject all 4 of his arguments calling them "absurd" multiple times and even say to one of them, "so absurd that it hardly requires a response".
#18 Student argues that he told the school he had ADHD 2 months prior to text issue. Dean flatly denies this.
#19 Appeals court says that you can't throw out case in summary judgement based on "he said, she said," but that it doesn't matter because the student did not seek accommodation.
#20 Student acknowledges that he did not seek accommodation, but "repeated notifications to the administration created an obligation" to investigate and implement accommodations.
#21 Court finds that records "are abundantly clear" that accommodations were offered.
#22 School officials had offered him referrals for counseling and therapy twice, both times he did not follow up because he "did not have time".
#23 Appeals court upholds dismissal.
Could easily see a school going lighter on something like this, but by the same token, obvious violation is an obvious violation.
Yeah I remember reading your post about that.I had this exact same experience as a TA. Dude got what he deserved.
True. I generally think that when people get stomped on for what seems like minimum dishonesty, there were more likely than not bound to do something more dishonest later on, but there's always some doubt I guess.I absolutely agree that it is up to the school; I generally have confidence that the administration and those involved in student dismissals/retention have logical and thorough reasoning behind what they do. As they say in the verdict, the issuance of a diploma means that the school has good faith in a student to perform at a level that reflects well on their institution. Having served on my school's disciplinary committee, I can also vouch that most cases like this are not isolated events in so far as the students pulling off this kind of thing often have long, documented histories of questionable actions.
True. I generally think that when people get stomped on for what seems like minimum dishonesty, there were more likely than not bound to do something more dishonest later on, but there's always some doubt I guess.
He could have even retaken it, couldn't he have? Risking a fail/retake is soooo much better than risking this kind of disciplinary action.There's plenty of data that shows that dishonest doctors start out as dishonest students, and that's why my clinical colleagues especially take professionalism very seriously.
The perverse thing about this case is that the worst outcome if the student had not acted out would have been an F, followed by a remediation. OK, so no Gen Surg in his future, but he'd still end up as a doctor!
He could have even retaken it, couldn't he have? Risking a fail/retake is soooo much better than risking this kind of disciplinary action.
My thoughts exactly!There's plenty of data that shows that dishonest doctors start out as dishonest students, and that's why my clinical colleagues especially take professionalism very seriously.
The perverse thing about this case is that the worst outcome if the student had not acted out would have been an F, followed by a remediation. OK, so no Gen Surg in his future, but he'd still end up as a doctor!
https://www.gpo.gov/fdsys/pkg/USCOURTS-dcd-1_14-cv-00929/pdf/USCOURTS-dcd-1_14-cv-00929-0.pdf
More details on the case. Makes it a lot more clear what really happened.
I mean, he did it to himself. Hard to feel bad for someone who acted like a child when they had the option to act like an adult.After reading that I have more sympathy for the guy. He deserved to be expelled, but I seriously cannot imagine being expelled from medical school. Just the thought makes me sick. It would probably feel like your entire world was ending.
I mean, he did it to himself. Hard to feel bad for someone who acted like a child when they had the option to act like an adult.
of course, that would easily be the worst day of my life if I were him. I'm not saying we can't empathize with a man losing his dream. But we can take warning from his actions so that we do not share his fate.Like I said, he deserved it. Doesn't mean you can't feel bad for him. It was probably the worst day of his life when he got the expulsion notice.
He could have even retaken it, couldn't he have? Risking a fail/retake is soooo much better than risking this kind of disciplinary action.
Of course.
Bubbling in a few extra answers is a stretch.
Continuing after the first "Stop!" up until the proctor reached out to take the exam is a further stretch.
I can understand a panic response. Not good, but understandable -- Fail the course-worthy
But physically preventing the proctor from taking the exam? A way over the line increment in behavior and a failure to correct that demonstrates lack of judgement and poor impulse control. This guy was a lawsuit waiting to happen.
Three years of med school debt? Let's hope he has a marketable degree to fall back on.I guess my question now is, what are his options from this point onward?
i agree 100%Not sure why so many people seem to think the school was out of line or overreacted. He didn't just bubble in a few answers past time. He physically tried to prevent the proctor from taking the exam. That isn't just a lapse in judgement for a few seconds.
And if he does have a pattern of this behavior, it is completely relevant. That shows even more that he is the type of person who should not be practicing medicine.
It seems pretty overboard to expel a third year medical student for not following the rules for this test. Maybe he had a pattern of behavior but that's irrelevant.
Not sure why so many people seem to think the school was out of line or overreacted. He didn't just bubble in a few answers past time. He physically tried to prevent the proctor from taking the exam. That isn't just a lapse in judgement for a few seconds.
And if he does have a pattern of this behavior, it is completely relevant. That shows even more that he is the type of person who should not be practicing medicine.
That made me laugh much harder than it should have....Indeed. This was a guy who would have been on SDN in a few years with a post in the residency forum entitled "Dismissed from residency program. What to do??"
Of course that would have been okay.I think the main issue is the disregard for policies. The policies are there to ensure fairness. If someone is willing to blatantly disregard a policy he/she clearly knew was important, what kind of things will this person think will be ok to disregard once he or she becomes a physician. If time had been called up and he was still working, but stopped as soon as the proctor told him to (and he subsequently apologized and said he didn't hear the proctor call times up), that may still be ok. But this was conscious disregard for policy.
It seems pretty overboard to expel a third year medical student for not following the rules for this test. Maybe he had a pattern of behavior but that's irrelevant.