Medical School Applications and the “Institutional Action” Question Following Title IX Allegations
| | Title IX
The majority of medical schools in the U.S. require prospective students to submit their primary application through the American Medical College Application Service (AMCAS). Even those that do not use the standardized AMCAS application will usually ask if an applicant has been the recipient of any “institutional action” by a college or medical school for unacceptable academic performance or a conduct violation.
There is a tremendous amount of uncertainty and debate over what constitutes an “institutional action” and when such action needs to be reported. Students applying to med school need to know how to answer the question accurately and how to explain their answers in a way that does not unfairly prejudice their application, particularly when dealing with sensitive issues such as allegations of a Title IX violation.
Understanding Institutional Actions
The Association of American Medical Colleges, generally referred to as the AAMC, has issued directives about when institutional actions need to be reported by applicants. However, the organization has not provided a specific definition of what constitutes an institutional action.
Examples of institutional actions listed by the AAMC include:
- Academic probation
- Suspension
- Ethics policy violations
- Warnings about academic standing
- Residence hall policy violations
But what if your R.A. accused you of violating a policy in your dorm, but you never appeared before a disciplinary board or received any sanctions? Is an accusation enough to constitute an action? What if an R.A.’s report prompted someone at the school to issue no-contact directives to the students involved just to prevent issues from escalating? Is that directive an institutional action if the school did not hold a formal proceeding or allow students the opportunity to explain what happened?
It can be challenging to determine whether an incident constitutes an institutional action. The AAMC has explained that an action does not need to appear on a student’s official transcript to be considered a reportable institutional action. An incident may also be considered an institutional action even if it did not interrupt the student’s enrollment or require the student to withdraw.
However, the AAMC clarified that if an institution removed, expunged, or expunged an action from a student’s record, that action does not have to be reported. Accordingly, it could be argued that an incident must appear on a student’s “record” for it to be considered a reportable institutional action. An attorney experienced in student defense could review the circumstances to determine whether an incident should be reported.
Title IX Allegations
Title IX of the Education Amendments of 1972 and the implementing regulations provide a legal scheme designed to prevent discrimination on the basis of sex in educational settings. The laws require colleges to establish rules prohibiting discrimination and procedures for filing and assessing complaints of violations. Individuals can file a complaint against an institution or against another individual.
Most of the time, when complaints are filed against a student or member of faculty or staff on campus, the complaint involves allegations of sexual misconduct, including sexual assault. When a formal complaint is filed, it initiates an investigation. The complainant and respondent accused of the violation then have the opportunity to present evidence and arguments supporting their position regarding the allegations. If the accusations involve sexual violence, the school must hold a formal hearing to provide due process rights for both parties.
When the investigation and hearing conclude, the person accused is either declared responsible or not responsible for a Title IX violation. Obviously, if a student is found responsible, there will be a formal notation on the student’s disciplinary record regardless of the penalty imposed. However, the results are less certain when the outcome is a finding that a student is not responsible for a violation. The details of the complaint, investigation, and adjudication could be treated as part of the student’s record and could potentially be subject to disclosure. However, an attorney could assist in getting the information expunged or otherwise removed from the record so that it does not need to be reported as an institutional action.
If allegations are raised but a formal complaint is not filed, it is not clear whether those allegations could be considered an institutional action. It would be beneficial to examine the records to determine whether accusations are on record. If there are allegations listed but no adjudication or finding of responsibility, it would be worthwhile to engage an attorney to assist in getting those allegations removed from the record.
Addressing Allegations When They Cannot Be Removed
When allegations of a Title IX violation are part of a student’s record and they cannot be expunged or otherwise removed, it becomes necessary to address the Title IX case on the medical school application. This is another area where an experienced Title IX student defense attorney can help preserve a student’s reputation and future opportunities. It will be necessary to explain what happened and why in a manner that is honest and that creates an understanding of the student’s position and point of view.
Showing how the student has learned and grown from the experience (with or without any admission of wrongdoing) can turn a potentially negative aspect of the application into one that is neutral or positive. However, Title IX proceedings often involve emotional events and irrational actions, making it crucial to understand the most effective way to frame issues and avoid mistakes that could lead to immediate rejection.
Nesenoff & Miltenberg Protects and Rights and Reputations of Students in a Variety of Situations
The team at Nesenoff & Miltenberg has unparalleled experience when it comes to Title IX accusations. We understand the issues and defense strategies at a level few firms anywhere in the country can match. We also know that allegations can haunt students long after a matter has been officially closed, and we work to help clear the record to enable students to move forward.
If you are working on a graduate school application or contemplating furthering your education, and you have concerns about Title IX issues on your record, we invite you to schedule a confidential consultation to learn the various ways we may be able to help. Just call us at 212-736-4500 or contact us online.