Thanks. I have been taking meds and going to therapy for almost 2 months...it's been great, and I have more motivation, drive, and energy to do well. I was doing well in school prior to my second semester...Trust me, depression can hit anyone! Anyhow, I really do not want to give up on my appeal until the end..worse come to worse, I repeat the year.
Medguy, you may be getting closer to something that might actually help your appeal. DocBagel has been giving you some very sound advice, and I hope that I have, too.
I don't enjoy being right in this case, but the response from your committee was precisely what I expected: the 'promotion rule' applies only to your original end-of-semester grade - once you took an 'offer in compromise' from your committee and tried to remediate, your fate is entirely within their hands. I think you should eliminate entirely any ideas of challenging the committee's authority from your appeal - you'll lose, clearly, from what they've told you.
I have a great deal of sympathy for you. My adjustment to medical school in the first semester was extremely difficult - I lost tremendous amounts of weight and needed some help to get back-on-track. I'm not on any admissions committee, but I've been around for a very long time (including a stint working in medical education as a manager) and I'm sure I have a pretty good idea of how the committee will view you - I'm 45 and probably about the same age as your panel members. Dr. Bagel is also a non-trad with a long history in the business and legal professions prior to medical school.
What still concerns me is that I'm not hearing you take full responsibility for your own actions. You refer to one instructor as a "bitch" because she took 4-5 days to respond to your e-mail. Horrors! And she had the nerve to take three weeks to find you a tutor? Fancy that - in the summer, I'm sure the campus was just crawling with eligible tutors. And she gave you the test questions that you missed? Wow. As Bagel said, at our school - if you're even given a chance to remediate - you're never allowed to see a test, no instructor is under any obligation to help you during a remediation study period, and the dean's office is committed to helping you find a tutor only during the regular session - not during a remediation study period. Any remediation exam at our school is comprehensive over the whole semester and likely has a bunch of essay questions, so you'd better know your stuff - all of it. Remediations are not tutoring sessions, they're a last-ditch privelege to prove that you've managed to master the material - most likely by using your own wits and finding your own tutors.
If you go to any appeal whining about how you were mis-treated, I'd predict rapid failure. The bottom line is: you had the same chance to pass that everyone else did, and you blew it. You had a chance to remediate both classes, and you blew that, too. I guarantee you that there were other first-year students suffering from severe depression and worse - it's quite common - and I'd wager some of them found a way to pass. And, if you're going to have the attributes necessary to be a physician, you need to take responsibility for your own behavior. That's what medical training is like - and your evaluations are going to be more and more subjective as you progress in training. If you want to be the attending physician - if you want to be the "engineer who drives the train" - you need to face the fact that, if the wheels fall off the train, you're going to get blamed for it no matter who was supposed to check the wheels, because you were supposed to be watching that person, too. Welcome to medicine - we won't get paid the big bucks for being cute.
Same thing with depression. While I have great sympathy for a depressed student, when I was in difficulty I was suffering greatly but I forced myself to study no matter what and my grades were not affected. Physicians also get severe depression at times - they also develop drug and alcohol problems - but they're held absolutely accountable for their actions, no matter what the cause. If you can take the same attitude with your appeal - take total responsibility for your failure but be willing to discuss what steps you've taken with medication and therapy and, if need be, allow the committee to talk to your therapist - and you'll be showing the professional behavior required of a physician. Showing some true professionalism might actually change some hearts and minds on your committee - otherwise, I'd say you're pretty well done at this point. It's your last hope.
If that doesn't work - well, I can't imagine the heartbreak that will be for you, and I am sympathetic. It's a bitter pill to swallow, but perhaps a little less so if you can accept that the committee wanted to act in your best interests, even if you can't fully agree with them. You aren't being dismissed from school - and one additional year in a 7-10 year training period is not the end of the world. The committee knows that they're forcing you to re-take all your classes and pay an additional year of tuition and living expenses - I'm sure they don't take that step lightly. But, it may just be that when they look at the overall picture of your performance that they just don't feel that it is in your best interest to move on yet.
But, again, I think a more physician-like acceptance of responsibility might be the only chance you have for them to see you in a new light. I certainly wish you the best, and good luck.