3rd Year Med Student Loses Appeal

[Ad2b]

https://www.linkedin.com/in/sina-chenari-42ba0512/ Guys chill out he's doing fine, he's a consultant at a software company.

Avg salary for his role is $47.000...

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[Lexicon0]

my shelves were paper based even in 2015

Ah looks like I've been living in a bubble. All my tests throughout med school have been computerized, though we do have a pretty robust IT department. It's really streamlined the process and cut down on any possibility of cheating.

 

[libertyyne]

Avg salary for his role is $47.000...

Are you European?

 

[mistafab]

Sucks for the student, sure. The school, however, is fully protected and justified in following through with the student's breach of contract in the way that they did.

 

[sliceofbread136]

Not surprised at all this happened at Gwu

 

[LebronManning]

Everyone that says "I don't feel bad for him" or "he got what he deserves"...Are you kidding me?! Kicked out of med school for bubbling answers a little longer??? Ok so he panicked and shielded his test??? So you kick him out of med school and ruin 7 years of what he has worked at for THAT?! Half the people that I personally know who are in med schools frequently looked over their shoulder during exams in college. I would bet at least 25% of med students do this. That is far more serious than this yet if someone were to be caught looking over the shoulder on one test in med school, I doubt they would be expelled. Certainly not in college.

He should've had his test failed and perhaps 1 semester suspension or something.

And for all of you saying he would've been a lawsuit waiting to happen, etc, etc...Gtfoh. How many docs are out there still practicing with multiple DUIs on their belt? Many more with worse offenses on their record. The licensing boards literally let physicians continue to practice after being convicted for DUI, etc. while being a physician. This dude bubbled a few answers out of panic and he "should never be allowed to be a physician."

What a classic judgmental holier than thou SDN thread

 

[LoveBeingHuman:)]

Everyone that says "I don't feel bad for him" or "he got what he deserves"...Are you kidding me?! Kicked out of med school for bubbling answers a little longer??? Ok so he panicked and shielded his test??? So you kick him out of med school and ruin 7 years of what he has worked at for THAT?! Half the people that I personally know who are in med schools frequently looked over their shoulder during exams in college. I would bet at least 25% of med students do this. That is far more serious than this yet if someone were to be caught looking over the shoulder on one test in med school, I doubt they would be expelled. Certainly not in college.

He should've had his test failed and perhaps 1 semester suspension or something.

And for all of you saying he would've been a lawsuit waiting to happen, etc, etc...Gtfoh. How many docs are out there still practicing with multiple DUIs on their belt? Many more with worse offenses on their record. The licensing boards literally let physicians continue to practice after being convicted for DUI, etc. while being a physician. This dude bubbled a few answers out of panic and he "should never be allowed to be a physician."

What a classic judgmental holier than thou SDN thread

Please don't. Especially after 9 months.

 

[lpp06]

Everyone that says "I don't feel bad for him" or "he got what he deserves"...Are you kidding me?! Kicked out of med school for bubbling answers a little longer??? Ok so he panicked and shielded his test??? So you kick him out of med school and ruin 7 years of what he has worked at for THAT?! Half the people that I personally know who are in med schools frequently looked over their shoulder during exams in college. I would bet at least 25% of med students do this. That is far more serious than this yet if someone were to be caught looking over the shoulder on one test in med school, I doubt they would be expelled. Certainly not in college.

He should've had his test failed and perhaps 1 semester suspension or something.

And for all of you saying he would've been a lawsuit waiting to happen, etc, etc...Gtfoh. How many docs are out there still practicing with multiple DUIs on their belt? Many more with worse offenses on their record. The licensing boards literally let physicians continue to practice after being convicted for DUI, etc. while being a physician. This dude bubbled a few answers out of panic and he "should never be allowed to be a physician."

What a classic judgmental holier than thou SDN thread

Great quasi-necro bump.

But you should reread this post which summarizes the situation:

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.

He ignored instructions multiple times and physically attempted to disobey guidelines. He made excuses when he was initially approached about the subject, so of course it is going to go to a committee. Then when this escalates further, it was determined that he attempted to deceive the court regarding how he sought help for a medical condition, and attempted to use it as another excuse.

At no point, whatsoever, did this individual take accountability for their actions. Furthermore, he attempted to lie. These both indicate that he has a high potential of being entangled in a malpractice suit.

Don't compare this act to another, unrelated, act like a DUI. There isn't a hierarchy and threshold for how delinquent acts reflect upon your character. There are completely different circumstances that surround DUI's and acts of deception and they should be looked at in their own context and judged based on that. Bernie Madoff essentially swindled billions of dollars from the public, but his action is not less deplorable because it looks worse compared to a serial killer.

 

[Turkishking]

Why am I seeing new people, or older members suddenly being active now.

 

[lpp06]

Why am I seeing new people, or older members suddenly being active now.

Explain?

 

[Planes2Doc]

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.

 

[Planes2Doc]

Meh, I never found him that appealing to begin with.

 

[Turkishking]

Explain?

Seems like you guys are coming out of retirement.