Institutional Action, need advice

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anonhelp12345

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Hoping to get some advice from students/faculty on admissions committees.

I recently graduated from a good public university with a ~3.7 GPA and a ~3.8 sGPA. 31-33 MCAT. Decent extracurriculars, lots of shadowing, about 2 semesters of research with no publications. I applied to about 15 schools during the 2014-2015 application cycle, I received one interview invite and was placed on that schools waitlist, rejections from everywhere else. I did not apply very smartly, this was partly my fault and partly because of bad advice from my school's pre-med committee. I had no clinical experience, but they assured me that I would be ok as long as I applied early.

I am going to be a scribe as well as an EMT to get more clinical experience, and I am going to apply more broadly during the 2016-2017 application cycle.

During my freshman year I was stupid and was caught with alcohol in a dorm. Nothing serious, but I had to complete an alcohol education course and was placed on probation for one year.

In March of this year I received an email saying that my school had received notice that I had been involved in the alleged sexual assault of another student. Without disclosing too much detail, the alleged incident occurred at my house after meeting a student at a bar just off campus. I asked the individual to come back to my house, and they said yes. However, after getting back to my room they said they did not wish to continue. I left my room and slept upstairs on a couch. In the morning I drove the individual home and that was the last I heard from them. There was no sexual contact.

I think the individual blacked out, and woke up in a strangers house and was confused. Maybe they assumed something had happened. The individual reported something to the police, who turned the investigation over to the school.

There was a student conduct hearing, and two days after the hearing I was found responsible for sexual misconduct and a violation of the alcohol beverage policy. I was 21 at the time of the incident, so was the other individual, but since alcohol was involved I had to be found responsible for that. The sanction was my degree was to be withheld for one year. I appealed the decision, and the sanction was reduced to six months.

This process was incredibly frustrating for me and my friends/family. I trusted that the process would work and I would be found not responsible, since I was telling the truth and had several witnesses, whereas the other individual was lying, changed their story several times, and had no relevant witnesses. However, I think based on the climate around sexual assault on campuses, the student conduct officials felt they had to protect themselves from a possible lawsuit from the plaintiff and bad publicity.

So at the end of this process, I am left with three conduct violations on my record. I have worked extremely hard to put myself in a position to be successful and attend medical school, but its hard to see that happening with this on my record. My school only discloses policy violations for 5 years from the date of the incident, so one option is to wait five years, work and save up money, and apply with a clean slate in 4 years (since the incident occurred in august 2014). I would prefer not to do that, since I would have to retake the MCAT and I would like to start med school as soon as possible.

Another option I have is to get a "Letter of support" from the director of student conduct, who happens to be my fraternity advisor and a mentor of mine. This letter would go at the end of my FERPA release to med schools, so the school would see my policy violations and sanctions, and then the letter from him. He told me that he wrote a letter of support for a student that was suspended four times during his time at college, and that student was accepted to Law school. I would also work with him to prepare a presentation that I would give to my fraternity that details what happened to me, and how it could have been avoided. For example, not taking people back from bars after a night of drinking, bystander intervention, etc. What happened to me could happen to anyone, and I want to stop that from happening to friends. So I would fully disclose the incident on my application, and talk about how I've grown from it, how I haven't let this discourage me, and how I've helped others.

My family hired lawyers to help with the appeal process. Another option we have is to sue/threaten to sue the school. There were several major issues with the investigation, and the lawyers believe that we might have a case. We brought these issues up in the appeal, but the appeal officer did not seem to care. This is is an expensive option, and we would prefer not to sue if we don't have to.

I would greatly appreciate any input/advice from current students who went through something similar as well as members of admissions committee. Is a sexual misconduct policy violation a deal breaker? Or would the committee look at all the details, the letter of support, and what I've done to help others and possibly give me a shot?
 
I'm sorry man, but I cannot see any way that you aren't screwed....
 
If what you are saying is true, I would lawyer up and sue to get it off my record. If you actually did not commit a crime and there were no witnesses or evidence to suggest you did, then you may want to fight like hell to get this off your record and not allow it to ruin or postpone career plans.

Law school admissions are very different from medical school admissions. Trust me, I've been admitted to a T14 law school and I'm in the process of applying to medical school now. The fact that a letter helped someone get into law school does not mean you will have the same results for medical school. My guess is that no top law school would have touched that student, but a lower-tier law school with an interest in tuition money saw the letter and accepted him/her. Medical school admissions don't work like that. There are plenty of other crime-free applicants to choose over you, so don't hold your breath for a letter from this guy to absolve you.
 
If you don't have a lawyer now working for you, you should have gotten one a few months ago when the accusation first came out.

I don't think we can give you any help or advice that they can't. Its going to come down to getting it dropped or waiting it out.
 
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The problem is that AMCAS requires you to disclose any convictions/IAs, whether expunged or not.

Plenty of people probably get away with lying, but this seems like the kind of thing that wouldn't just totally disappear even after the 5 years...
 
I really don't think that there is a way that you are going to get schools to look past a sexual misconduct incident on your record, regardless of how you or the director of student conduct explain it. I think medical schools will just see it as too much of a red flag.

As far as the waiting it out option goes, the school may not disclose it after 5 years, but that doesn't mean that it is expunged after 5 years, does it? You may still have to disclose it. Some people probably lie and figure that medical schools would have no way of knowing, but I strongly advocate against ever lying on any application, so I wouldn't do that.

If you investigate the situation and determine that you would not be able to answer no to the IA question without lying, even after 5 years, then your only option would be to get a lawyer. If you don't get rid of the charge, I just don't see this working out for you.
 
All institutional actions will have to be reported.
Criminal charges and juvenile charges that are dropped or expunged do not have to be reported in the primary.
Many schools ask if you have been charged with or convicted of a crime in the secondary. You will be given a chance to explain. Even if the record is "expunged" you would be wise to report if they specifically ask for charges since they will turn up on background checks for government hospitals.
 
All institutional actions will have to be reported.
Criminal charges and juvenile charges that are dropped or expunged do not have to be reported in the primary.
Many schools ask if you have been charged with or convicted of a crime in the secondary. You will be given a chance to explain. Even if the record is "expunged" you would be wise to report if they specifically ask for charges since they will turn up on background checks for government hospitals.

This isn't a criminal charge, just an institutional action. My question is if I disclose the institutional action, explain what happened, and explain what I've done since then to help others, along with the letter of support from the director of student conduct, is there a chance that schools would give me a shot? Or is this IA a death sentence?

To clarify, we do have lawyers and are prepared to sue the school to try and get the IA removed from my record, but if there is a chance that I can get in with this on my record we would prefer not to sue. It would be extremely costly.
 
Sadly, until you can get your record cleared, your medical career is in stasis. NO amount of explanations in the IA boxes of your app forms will explain this away.

Thank you for the advice.
 
All IA's must appear on your application:
https://www.aamc.org/students/applying/amcas/how_to_apply/124590/beginning_the_application.html

"Institutional Action: Medical schools need to know if you were ever the recipient of any institutional action resulting from unacceptable academic performance or a conduct violation, even if such action did not interrupt your enrollment, require you to withdraw, or does not appear on your official transcripts due to institutional policy or personal petition."
(italics, mine).

It appears you would have to sue AMCAS too, as removing your school's record does not obviate the need to report.
 
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