COMMITTEE ON STUDENT PROMOTIONS AND PROFESSIONAL STANDARDS |
|||||||
|
The Committee on Student Promotions and Professional Standards, composed of faculty, students, and staff appointed by the Dean, is responsible for monitoring the academic progress and professional development of students, and provides formal recommendations to the Dean on matters regarding student promotion and graduation. The medical school faculty establishes principles and methods for the evaluation of student achievement which employs a variety of measures of knowledge, competence, and relational variables, systematically and sequentially applied throughout medical school. Standards of academic achievement, clinical ability and professionalism are high; in keeping with the paramount importance of the welfare of patients, present and future. Committee members and those participating in Committee proceedings are expected to keep this core principle in mind in all matters that arise for deliberation and decision. The elemental tenets of fundamental fairness and equitable treatment are to guide the Committee’s activities, adhering to the principles that all substantially affected parties have the right to be heard, be it in writing or in person, if they so wish; and that appropriately comparable considerations be provided without prejudice to all persons. The Committee’s agenda is to include matters of student academic deficiencies, from any cause, including difficulties progressing through curricular milestones in a timely fashion; matters of student conduct and professionalism and harassment-related matters properly referred from appropriate staff, faculty, or others. The responsibility to assess the fitness of a student to be promoted and/or to receive the MD degree rests with this Committee; with ultimate authority resting with the Dean. Professional misconduct includes but is not limited to cheating, plagiarism, fabrication, falsification of documents or academic work, intentionally damaging or interfering in the academic work of others, or assisting others in any of these acts. It also includes failure to fulfill responsibilities on clinical rotations or any behavior on the part of a student that is detrimental to the welfare of patients. Failure to meet generally accepted standards of personal integrity, professional conduct or emotional stability, or inappropriate or disruptive behavior towards colleagues, faculty, or other medical staff, also constitutes a failure to meet required professional standards. Behaviors included, but not limited to, those listed herein, are considered within the purview of the Committee on Student Promotions and Professional Standards.
II. OBJECTIVES OF THE MEDICAL SCHOOL PROGRAM The Division of Education has established the following overall objectives for the medical school program; spanning affective, cognitive, and skills domains; with broad input from faculty and students. Additional goals and objectives are established periodically by the Division of Education and other College committee programs and offices. The Committee on Student Promotions and Professional Standards approaches its mission with these principles in hand.
The above listing of objectives is subject to periodic review and revision by the Division of Education; and such modifications, as approved by the Dean, automatically modify the preceding section of these by-laws, without the requirement of further deliberation or review. III. COMMITTEE STRUCTURE AND ORGANIZATION A. The Committee on Student Promotions and Professional Standards, it’s subcommittees, ad-hoc subcommittees, and individual members and staff, are charged with the responsibility to implement the principles and by-laws contained herein. Matters of academic performance standards, academic progress, professional and ethical conduct, psychological fitness for the practice of Medicine, medical or other disability or applicable illness, drug or alcohol abuse, and other appropriate subjects -- constitute the agenda of this Committee. These by-laws will be reviewed at intervals, modified as appropriate, and posted within the College’s website. B. All Committee appointments and renewals are at the discretion of the Dean, and all voting members are appointed for renewable, two-year terms, including the Committee’s chair. The Associate Dean for Students will serve as staff to the Committee, in the role of co-chair. The membership roster of the Committee will consist of no less than twelve voting members, composed of at least nine faculty and at least three students. The chair casts one equal vote. Faculty are to constitute a majority of the voting membership. Up to three AECOM house officers may be members of the Committee. Abstentions are very strongly discouraged; except as effected by a recusal. Voting will be recorded numerically, not as a record of which members cast specific votes. The ex-officio members (not voting) of the Committee will include, at a minimum, the Registrar, the Assistant Dean for Educational Resources, the Associate Dean for Diversity Enhancement, the Assistant Dean for Diversity Enhancement, and the staff of the Director of the Office of Academic Support and Counseling. Staff to the Committee (non-voting) will include the Associate Dean for Students and the staff from that office. In making appointments to the Committee, the Dean will include consideration of nominations from Committee members, and seek participants recognizing prospective members’ commitment to and experience in medical education. A spectrum of participants is sought with regard to appropriately representing and serving our College community and society at large. C. Student members will participate with equal term length, voting privileges and attendance privileges to voting faculty members. This informational privilege, i.e., to participate in confidential deliberations related to the student members’ classmates, is instituted with full recognition of the privacy issues at hand. However, the unique and invaluable nature of student input is considered to outweigh the inevitable privacy considerations; indeed, student participation is considered a cornerstone in assuring the quality of the Committee’s discourse and decisions. All Committee members, be they student or faculty, in the process of appointment by the Dean, will be required to pledge to respect the confidentiality of Committee proceedings. D. Members are required to voluntarily recuse when a substantial conflict-of-interest occurs. Recusal decisions, ultimately, rest with the Committee chair, should a discussion of appropriate recusal arise. As with faculty, student members are expected to recuse themselves from Committee votes where a personal interest contravenes objectivity or impartiality. "Conflict of interest," in this setting, signifies when the Committee member is closely personally associated with the student under consideration, as in a roommate, or romantic situation; or if one were the students’ personal physician prior to the initiation of proceedings. It is not intended to cover circumstances where the Committee member has prior or additional knowledge of the student under consideration. E. Students must provide a signed, written statement when they appear before the Committee that addresses in detail the circumstances leading to their appearance. The contents of this statement may be considered as an important factor in the Committee’s deliberations and decisions. Failure to provide this document, similarly, may weigh heavily in the Committee’s discussions. F. The Committee will be scheduled to meet monthly, and will convene when deemed necessary, at a minimum of five meetings per academic year. Minutes will be recorded by staff and a permanent file of minutes will be kept in the Office of the Associate Dean for Students. All Committee business, including minutes, will be considered sensitive, substantially confidential information and handled with scrupulous discretion, and will be provided to appropriate parties on a need-to-know basis. Committee members are expected to honor the privacy of all involved parties. Committee members and participants are granted full access to the student records of students who come before the Committee. G. Voting is required to approve any and all disciplinary and/or remedial actions recommended by the Committee, including but not limited to withdrawal, suspension, remediation programs, involuntary deceleration, assignment of additional supervision, and so on. A simple majority of the present voting members constitutes a majority. In the event of a tie vote, the motion fails to carry. A minimum of eight voting members must be present to effect a formal Committee recommendation. If any meeting (e.g., an emergency meeting) is convened with less than eight voting members present, its recommendation(s) are provisional and must be voted upon at the next appropriate opportunity to be fully endorsed and have the full authority of the Committee in force. Informal or provisional recommendations may be reversed or modified when the eight or more voting member quorum is assembled. IV. ACADEMIC PROGRESS A. The Committee on Student Promotions and Professional Standards is charged with monitoring the academic progress of each student, throughout their enrollment at the College. The faculty of each discipline, by and large, develop and implement the standards of achievement by students in the study of that discipline. Examinations are intended to measure cognitive learning, mastery of basic clinical skills, and the ability to use data in realistic problem solving. Clinical departments develop and implement a system of assessment which assures that students have acquired and can demonstrate on direct observation the core clinical skills and behaviors needed in subsequent medical training and practice. Communication skills and ethical conduct are integral to the education and effective function of physicians. There is instruction and evaluation of these elements as they relate to physician responsibilities, including communication with patients, families, colleagues and other health professionals. The Committee’s activities are to be informed by the above assessment components, as well as any other credible measures and information that may be available. B. The Committee must recognize in its deliberations that the matters at hand will often be less than straightforward, inasmuch as purely academic failure has become a vanishing category of agenda item. Some cases blur the boundary between academic failure and learning disability, between academic failure and anxiety or depressive disorder, between academic failure and alcohol/drug abuse, between academic failure and ethical lapses, between academic status and putative disability status, between academic status and socio-economic disadvantage, between academic status and alleged harassment, and so on. This conflation of nominally separate domains demands the full attention and most careful judgment from those involved in the Committee’s processes. There must be minimum performance standards expected of all students, regardless of the above or other distinctions, which are established and applied equitably to all students. The Committee is to consider the welfare of patients, present and future, to be paramount. There comes a point when Committee member’s relationship to students must modulate from strict advocacy (or therapeutics) to one of critical evaluation; mindful of our obligation to society at large. C. The historic and unique responsibility of a medical school includes the selection and education of medical students, culminating in the award of the MD degree, and the Committee on Student Promotions and Professional Standards is charged with upholding our implicit obligation to society to award this degree only when it is appropriate to do so. To this end, these by-laws have been developed and refined over time, but this text cannot stand without the reasoned and cautious judgment of a dedicated Committee membership. These standards sometimes are stated in a fashion that is not susceptible to quantification or to precise definition because the nature of the evaluation is qualitative in character and can be accomplished only by the exercise of professional judgment by qualified persons. The Committee must apply these principles equitably and consistently; yet must recognize that each circumstance is unique, requiring fact-finding and the application of case-specific deliberations and recommendations. D. General Procedures
E. Pre-Clerkship Curriculum
F. Clerkship Curriculum
G. Senior Curriculum
H. Grading
I. USMLE Step 1, 2 CK, and 2 CS (United States Medical Licensing Exams)
J. Graduation Requirements
K. Interference with Committee Proceedings
V. PROFESSIONAL MISCONDUCT A. In general, allegations of misconduct are handled through the usual procedures and channels of Committee operations; with the proviso that the investigation phase would typically be more extensive than is warranted for purely academic difficulties. The available Committee responses range from dismissal of the student to dismissal of the allegations; again with the CSPPS appeal machinery available to the student. B. Professional misconduct and/or breaches of ethical behavior includes but is not limited to cheating, plagiarism, fabrication, falsification of documents or academic work, intentionally damaging or interfering in the academic or clinical work of others, or assisting others in any of these acts. Professional misconduct also includes but is not limited to failure to fulfill responsibilities on clinical rotations or any behavior on the part of the student that is potentially detrimental to the welfare of patients. Failure to meet generally accepted standards of personal integrity, professional conduct or emotional stability, or inappropriate or disruptive behavior toward colleagues, faculty, or other medical staff, also constitutes misconduct. Any student who at any time before or during medical school has been convicted of a crime is required to immediately inform the Associate Dean for Students with full details of same; and the CSPPS is to be informed and will consider an appropriate response. Any student arrested or who is under investigation for a crime involving moral turpitude shall immediately inform the Associate Dean for Students. Failure to do so is grounds for dismissal. C. The College stands in support of a diversity of views and to the principles of free inquiry and expression. All members of our academic community have the right to hold and vigorously defend and promote their opinions. Respect for this right requires that community members tolerate even expressions of opinions that they may find repugnant or offensive. There are, however, obligations of civility and respect for others that underlie rational discourse. Racial, sexual, and intense personal harassment not only show grave disrespect for the dignity of others, but also prevent rational discourse. Behavior evidently intended to dishonor such characteristics and race, gender, national origin or ethnic group, religious belief, sexual orientation, or disability is contrary to the pursuit of inquiry and education and may be discriminatory harassment violative of law and other applicable regulations. Such grave disrespect for the dignity of others may be addressed and sanctioned under these or other existing procedures where it violates the balance of rights upon which an academic medical education program is based. It is expected that when there is a need to weigh the right of freedom of expression against other rights, the balance will be struck after a careful review of all relevant facts and will strive to be consistent with established First Amendment standards. This policy recognizes that the law of the land prevails in all matters, and does not abridge nor augment the rights of our students or other members of the College community as those rights, privileges, and duties are established by the pertinent governing legal authorities. D. Allegations of student misconduct may come to the Committee, to its Subcommittees, to individual members, or to staff. These allegations must be provided in writing and sufficiently specific to provide a factual basis for investigation. Anonymous allegations are not acceptable. All allegations, regardless of whomever the first approach may choose, must be promptly reported to the Associate Dean for Students and the Chair of the CSPPS. Professional misconduct that is reported, or encompassed in course or rotation grades or evaluations, may be considered by the Committee as such; not necessarily invoking the provisions specific to misconduct allegations. E. The Associate Dean for Students should receive AECOM Security (and similar) reports that involve all students. He/she is required to share these promptly with the Committee Chair and subsequently with the assembled Committee, as follows. This applies generally in circumstances where a student is involved in an altercation or otherwise has the probable appearance of acting inappropriately. The names of students who may appear to be "victims" or otherwise appear to be innocently involved in security incidents will not be revealed to the Committee, at the discretion of the Associate Dean with the advice and consent of the Committee Chair. F. The College’s policy and procedures provide for a student who is alleged to have engaged in unlawful harassment (which includes sexual harassment) to be referred to the CSPPS for disciplinary process via the Affirmative Action or Legal Officers. In such cases, this referral must come in writing, summarizing the rationale for the referral and what proceedings have taken place under the auspices of the AAO and/or Legal staff. From that point forward, the CSPPS by-laws guide continued proceedings. G. It is specifically considered professional misconduct to put patients or others at risk by failing to obtain adequate preventive or other medical or psychiatric care. Herein, we refer primarily to obtaining proper vaccinations and other measures taken to protect patients from communicable diseases in caregivers. This includes but is not limited to tuberculosis-related measures, hepatitis-related measures, and so on. H. Preliminary evaluation of each allegation will be made by the Associate Dean in consultation with the Chair of the Committee, to determine whether the allegation falls within the purview of this policy and is sufficiently substantive and credible to warrant an investigation. If it is determined to proceed to the Committee and an investigation, the student will be notified in writing by the Associate Dean. The Chair may appoint, in consultation with the Associate Dean, an ad hoc subcommittee of the CSPPS to evaluate and investigate the evaluation for purposes of subsequent presentation to the full Committee. Alternatively, the matter may be brought to the full Committee for initial discussion and deliberation, i.e., an ad hoc is not always formed. The Chair will seek to avoid ad hoc participation for CSPPS members who are more appropriately recused, at the Chair’s discretion. I. The CSPPS and/or an ad hoc subcommittee are not bound by the formal rules of evidence and will seek written and oral information from all sources it deems to be appropriate. The accused student will be afforded an opportunity, at some point in the process, to respond in detail to all substantiated allegations. The student may choose to be advised by a member of the AECOM academic community (of his/her choosing), and may request for consideration that others with relevant information also appear before the CSPPS and/or subcommittees. The student may not have any attorney present at any point in these proceedings. J. The CSPPS will deliberate the allegations of misconduct; either directly or after hearing from an ad hoc subcommittee and/or other appropriate sources. As with all Committee business, minutes are recorded and official correspondence with the affected student are the responsibility of the Associate Dean for Students. K. Professional misconduct and similar concerns may arise during Committee deliberations of academic performance or grades; and may not require invoking this separate section of the Committee by-laws. L. If in the judgment of the Associate Dean for Students, the conduct of a student is such that it may harm a patient, a fellow student, a member of the staff/faculty, or may do harm to the reputation of the school, then the student may be suspended immediately pending completion of the deliberations as set forth in this policy. M. Faculty, house staff, and others involved in the supervision and training of medical students are cautioned that consensual romantic relationships with medical students may prove problematic and are expressly discouraged. The former are expected to recuse themselves from academic or professional decisions -- grading and evaluation processes in particular -- affecting students with whom they are romantically involved. Amorous relationships that might be appropriate under other circumstances have inherent dangers when they occur between faculty, house staff, staff, and others in authority and any medical student over whom he/she has a professional responsibility, e.g., as a teacher, advisor, preceptor, house officer, supervisor, or similar. Such relationships are fundamentally asymmetric, and are widely interpreted to be an abuse of one’s authority. In addition, such relationships are best avoided because they may create an impression on the part of colleagues of inappropriate or inequitable academic or professional advantage or favoritism that is not conducive to the development and maintenance of a productive, collegial academic learning or working environment. N. Records maintained in support of the CSPPS and its subcommittees shall be considered confidential and shall be maintained as such by the College. The College shall provide such records or copies thereof as required by applicable law, rules, or regulations. VI. APPEALS OF COMMITTEE DECISIONS A. Students may appeal certain decisions and recommendations of the Committee, as indicated elsewhere in these by-laws. B. Appeals must be presented to the Associate Dean for Students in writing, within ten days of receipt of notification of the Committee’s decision. C. The Associate for Dean for Students will assist the student in the preparation of an appeal if requested to do so. The student will be notified of the date of the Committee meeting at which the appeal will be heard at least seven days prior to that meeting. D. The student has the right to present a written and/or in-person appeal to the Committee at the next appropriate meeting. A report from the student, as well as from informed members of the Committee, including the Associate Dean for Students, will all be heard. E. When making a personal presentation to the full Committee, or to an information-gathering person or group supporting the Committee’s deliberations, the student may be assisted by a faculty advisor and may request that as many as three advocates from among the faculty, student body, or family members, speak or write on his/her behalf. F. As the deliberations of the Committee are substantially academic in nature, neither the student nor the College will be represented by legal counsel at meetings of the Committee, staff, or appropriate designees. Advocates for the student, whether from the academic community or family, also may not be attorneys. G. If the appeal is followed by a Committee decision to recommend withdrawal, the Associate Dean for Students will inform the student that this recommendation is being sent by the Committee to the Dean, in writing, within seven days. If the student wishes to appeal this recommendation of the Committee, he/she may do so, in writing, within ten days, by verified delivery. If no appeal is submitted to the Dean within the ten day period, the decision of the Committee becomes final. H. Decisions of the Committee recommending the withdrawal of a student from the College of Medicine or postponing the date of a student’s graduation generally gives rise to the privilege of an appeal. This does not preclude the favorable consideration of requests from students for appeal of other decisions. I. Extensions of the originally planned length leaves of absence (based on academic difficulty) shall be given only under extraordinary circumstances. Such extensions are managed by the Associate Dean for Students with the advice of the Committee or its chair. J. Students under Committee consideration who attempt to avoid or compromise the Committee’s procedures or authority will have such actions reported to the Committee, as appropriate, for consideration. K. The Dean alone may withdraw a student permanently from the College of Medicine, therefore a decision made by the Committee in favor of withdrawal is effected as a recommendation from the Committee to the Dean. L. The Dean will not alter any decision of the Committee nor reject a recommendation for withdrawal without appropriate consultation, which at a minimum would involve the Committee Chair. M. The Dean, in exceptional circumstances, may exercise his/her option to act independently of the Committee, if he/she deems this necessary as a temporary measure or as the full process in a given case. VII. ILLNESSES, DISABILITIES, AND DISABLING CONDITIONS As required by the Rehabilitation Act of 1973 (PL 93-112) and the Americans with Disabilities Act of 1990 (PL 101-336), the Albert Einstein College of Medicine will provide reasonable accommodation(s) for students with appropriately diagnosed and documented disabilities, provided that such accommodation does not change the fundamental nature of the educational program or adversely affect the safety of patients, staff, or fellow trainees. Further related details of this policy follow; with some variance in procedures and limits as per the nature of the condition. Note that the quality/quantity of medical documentation required to take a "leave" is generally less than that required for a student seeking ongoing accommodations while engaged in the curriculum and/or taking examinations. In seeking accommodations of any type for any reason(s) (disability-related or otherwise), students are required to complete applicable paperwork and provide the required background data and consent access to same. A. Temporary Medical/Disability Leave In the event of a short-term, non-recurring illness or disability that renders a student temporarily unable to participate in all or part of the medical school program (including pregnancy), that student is entitled to reasonable accommodation. When a student’s capacity to participate in the medical school program is compromised by acute medical illness (up to six months approximate duration), the student may request medical leave status; relieving him/her of curricular duties. The student must provide a properly documented diagnosis from a qualified professional with acceptable credentials and recognized expertise. This documentation is to be provided to the Associate Dean for Students. Additional, ongoing documentation may be required in some cases. The College reserves the right to require further evaluation before approving request for leave(s) and to make an individualized judgment as to the most appropriate plan. The safety of patients and others, including the student him/herself, will also be considered. The Associate Dean for Students may require a student to be on medical leave. The start and end dates of this leave status may appear on the transcript. The student-on-leave may in some cases remain on the class roster (which entitles one to housing privileges, medical and disability insurance coverage, etc.) for up to six months, after which other arrangements may become necessary. Policy regarding medical and related benefits are governed by contract language that is not subject to the authority of these by-laws or the Committee on Student Promotions and Professional Standards. If a transient medical condition only partly compromises a student’s capacity to participate in the medical school program, efforts will be made to accommodate the problem, as stated above. For example, a student with a fractured dominant hand might be provided writing assistance for the purposes of examinations. B. Longer-Term Disability/Illness Conditions The Albert Einstein College of Medicine provides reasonable and appropriate accommodations in accordance with the Americans with Disabilities Act for individuals with documented disabilities who demonstrate a need for accommodation. The following information is provided for students, College personnel who work with students, interested faculty, and others who may be involved in the process of discussing and/or documenting a request for accommodations. Much of the following is applicable to testing-related accommodations, but these procedures are applicable, as well, to other types of requested accommodations. Applicants requesting test or other accommodations should share these guidelines with their evaluator, therapist, treating physician, etc., so that appropriate documentation can be assembled to support the request for test or other accommodations. Accommodations for disabilities must be handled or cleared centrally, through the Office of Education’s designated staff members. Approaching course leaders or other "local" staff or supervisors – without regard to the College’s published policies (which include detailed documentary requirements) – will provoke referral to the Associate Dean for Students and/or the Committee on Student Promotions and Professional Standards. It may similarly jeopardize one’s academic record as this record may have been affected by the improperly "authorized" accommodations. The Americans with Disabilities Act of 1990 (ADA) and accompanying regulations define a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities such as walking, seeing, hearing, or learning. The primary purpose of documentation is to validate that the individual is covered under the Americans with Disabilities Act as a disabled individual. The purpose of accommodations is to provide equal access to the elements and the totality of medical education. Our intent is that accommodations "match up" with the identified functional limitation so that the area of impairment is alleviated by an auxiliary aid or adjustment to the testing procedures and/or to an other aspect of medical education, e.g., hearing a lecture in the case of a hearing-impaired student. Functional limitation refers to the behavioral manifestations of the disability that impede the individual's ability to function, i.e., what someone cannot do on a regular and continuing basis as a result of the disability. For example, a functional limitation might be impaired vision so that the individual is unable to view an examination in the standard lighting conditions. An appropriate accommodation might be additional task lighting. It is essential that the documentation provide a clear explanation of the functional impairment and a rationale for the requested accommodation; whether related to examinations or other medical student functions. While presumably the use of accommodations in the identified activity will enable the individual to better demonstrate his/her knowledge or other skills, accommodations are not a guarantee of improved performance, or of successfully meeting required performance standards. General Guidelines: The following guidelines are provided to assist the applicant in documenting a need for accommodation based on an impairment that substantially limits one or more major life activities. Documentation submitted in support of a request may be referred to experts in the appropriate area of disability for impartial professional review. The student must personally initiate a written request for accommodations and must provide appropriate consent to allow for communication/correspondence with medical or other providers/evaluators of the student. To support a request for test accommodations, please submit the following: 1. Completed Accommodations Request Questionnaire (ARQ), and associated consent forms. 2. A detailed, comprehensive written report describing your disability and its severity and justifying the need for the requested accommodations. The following characteristics are expected of all documentation submitted in support of a request for accommodations. Documentation must: 1. State a specific diagnosis of the disability. 2. A professionally recognized diagnosis for the particular category of disability is expected, e.g., the DSM-IV diagnostic categories for learning disabilities. 3. Be current. Because the provision of reasonable accommodations is based on assessment of the current impact of the student's disability on the testing or other student activity, it is in the individual's best interest to provide recent documentation. As the manifestations of a disability may vary over time and in different settings, in most cases an evaluation should have been conducted within the past three years. Describe the specific diagnostic criteria and name the diagnostic tests used, including date(s) of evaluation, specific test results and a detailed interpretation of the test results. This description should include the results of diagnostic procedures and tests utilized and should include relevant educational, developmental, and medical history. Specific test results should be reported to support the diagnosis, e.g., documentation for a student with multiple sclerosis should include specific findings on the neurological examination including functional limitations and MRI or other studies, if relevant. Diagnostic methods used should be appropriate to the disability and current professional practices within the field. Informal or nonstandardized evaluations should be described in enough detail that other professionals could understand their role and significance in the diagnostic process. Describe in detail the individual's limitations due to the diagnosed disability and explain the relationship of the test results to the identified limitations resulting from the disability. The current functional impact on physical, perceptual and cognitive abilities should be fully described. Recommend specific accommodations and/or assistive devices including a detailed explanation of why these accommodations or devices are needed and how they will reduce the impact of the identified functional limitations. Establish the professional credentials of the evaluator that qualify him/her to make the particular diagnosis, including information about license or certification and specialization in the area of the diagnosis. The evaluator should present evidence of comprehensive training and direct experience in the diagnosis and treatment of adults in the specific area of illness or disability. If no prior accommodations have been provided, the qualified professional expert should include a detailed explanation as to why no accommodations were given in the past and why accommodations are needed now. Additional Guidelines for Learning Disabilities: Documentation for applicants submitting a request for accommodations based on a learning disability or other cognitive impairment should contain all of the items listed in the General Guidelines section, above. The following information explains the additional issues documentation must address relative to learning disabilities. The evaluation must be conducted by a qualified professional. The diagnostician must have comprehensive training in the field of learning disabilities and must have comprehensive training and direct experience in working with an adult population. Testing/assessment must be current. The determination of whether an individual is significantly limited in functioning according to Americans with Disabilities Act (ADA) criteria is based on assessment of the current impact of the impairment. (See General Guidelines). A developmental disorder such as a learning disability originates in childhood and, therefore, information which demonstrates a history of impaired functioning should also be provided. Documentation must be comprehensive. Objective evidence of a substantial limitation in cognition or learning must be provided. At a minimum, the comprehensive evaluation should include a diagnostic interview and history taking. Because learning disabilities are commonly manifested during childhood, though not always formally diagnosed, relevant historical information regarding the individual's academic history and learning processes in elementary, secondary and postsecondary education should be investigated and documented. The report of assessment should include a summary of a comprehensive diagnostic interview that includes relevant background information to support the diagnosis. In addition to the candidate's self-report, the report of assessment should include: 1. A description of the presenting problem(s); 2. A developmental history; 3. Relevant academic history including results of prior standardized testing, reports of classroom performance and behaviors including transcripts, study habits and attitudes and notable trends in academic performance; 4. Relevant family history, including primary language of the home and current level of fluency in English; 5. Relevant psychosocial history; 6. Relevant medical history including the absence of a medical basis for the present symptoms; 7. Relevant employment history; 8. A discussion of dual diagnosis, alternative or co-existing mood, behavioral, neurological and/or personality disorders along with any history of relevant medication and current use that may impact the individual's learning; 9. Exploration of possible alternatives that may mimic a learning disability when, in fact, one is not present; A psychoeducational or neuropsychological evaluation; The psychoeducational or neuropsychological evaluation must be submitted on the letterhead of a qualified professional and it must provide clear and specific evidence that a learning or cognitive disability does or does not exist. Assessment must consist of a comprehensive battery of tests. A diagnosis must be based on the aggregate of test results, history and level of current functioning. It is not acceptable to base a diagnosis on only one or two subtests. Objective evidence of a substantial limitation to learning must be presented. Tests must be appropriately normed for the age of the patient and must be administered in the designated standardized manner. Minimally, the domains to be addressed should include the following: 1. Cognitive Functioning: A complete cognitive assessment is essential with all subtests and standard scores reported. Acceptable measures include but are not limited to: Wechsler Adult Intelligence Scale-III (WAIS-III); Woodcock Johnson Psychoeducational Battery-Revised: Tests of Cognitive Ability; Kaufman Adolescent and Adult Intelligence Test. 2. Achievement: A comprehensive achievement battery with all subtests and standard scores is essential. The battery must include current levels of academic functioning in relevant areas such as reading (decoding and comprehension) and mathematics. Acceptable instruments include, but are not limited to, the Woodcock-Johnson Psychoeducational Battery-Revised: Tests of Achievement; The Scholastic Abilities Test for Adults (SATA); Woodcock Reading Mastery Tests-Revised. Specific achievement tests are useful instruments when administered under standardized conditions and when interpreted within the context of other diagnostic information. The Wide Range Achievement Test-3 (WRAT-3) and the Nelson-Denny Reading Test are not comprehensive diagnostic measures of achievement and therefore neither is acceptable if used as the sole measure of achievement. 3. Information Processing: Specific areas of information processing (e.g., short, and long-term memory, sequential memory, auditory and visual perception/processing, auditory and phonological awareness, processing speed, executive functioning, motor ability) must be assessed. Acceptable measures include, but are not limited to, the Detroit Tests of Learning Aptitude Adult (DTLA-A), Wechsler Memory Scale-III (WMS-III), information from the Woodcock Johnson Psychoeducational Battery Revised: Tests of Cognitive Ability, as well as other relevant instruments that may be used to address these areas. 4. Other Assessment Measures: Other formal assessment measures or nonstandard measures and informal assessment procedures or observations may be integrated with the above instruments to help support a differential diagnosis or to disentangle the learning disability from co-existing neurological and/or psychiatric issues. In addition to standardized test batteries, nonstandardized measures and informal assessment procedures may be helpful in determining performance across a variety of domains. Actual test scores must be provided (standard scores where available). Evaluators should use the most recent form of tests and should identify the specific test form as well as the norms used to compute scores. It is helpful to list all test data in a score summary sheet appended to the evaluation. Records of academic history should be provided. Because learning disabilities are most commonly manifested during childhood, relevant records detailing learning processes and difficulties in elementary, secondary and postsecondary education should be included. Such records as grade reports, transcripts, teachers' comments and the like will serve to substantiate self-reported academic difficulties in the past and currently. A differential diagnosis must be reviewed and various possible alternative causes for the identified problems in academic achievement should be ruled out. The evaluation should address key constructs underlying the concept of learning disabilities and provide clear and specific evidence of the information processing deficit(s) and how these deficits currently impair the individual's ability to learn. No single test or subtest is a sufficient basis for a diagnosis. The differential diagnosis must demonstrate that: 1. Significant difficulties persist in the acquisition and use of listening, speaking, reading, writing or reasoning skills. 2. The problems being experienced are not primarily due to lack of exposure to the behaviors needed for academic learning or to an inadequate match between the individual's ability and the instructional demands. 3. A clinical summary must be provided. A well-written diagnostic summary based on a comprehensive evaluative process is a necessary component of the report. Assessment instruments and the data they provide do not diagnose; rather, they provide important data that must be integrated with background information, historical information and current functioning. It is essential then that the evaluator integrate all information gathered in a well-developed clinical summary. The following elements must be included in the clinical summary:
Problems such as test anxiety, English as a second language (in and of itself), slow reading without an identified underlying cognitive deficit or failure to achieve a desired academic outcome are not learning disabilities and therefore are not covered under the Americans with Disabilities Act. Each accommodation recommended by the evaluator must include a rationale. The evaluator must describe the impact the diagnosed learning disability has on a specific major life activity as well as the degree of significance of this impact on the individual. The diagnostic report must include specific recommendations for accommodations and a detailed explanation as to why each accommodation is recommended. Recommendations must be tied to specific test results or clinical observations. The documentation should include any record of prior accommodation or auxiliary aids, including any information about specific conditions under which the accommodations were used and whether or not they were effective. However, a prior history of accommodation, without demonstration of a current need, does not in and of itself warrant the provision of a like accommodation. If no prior accommodation(s) has been provided, the qualified professional expert should include a detailed explanation as to why no accommodation(s) was used in the past and why accommodation(s) is needed at this time. Attention-Deficit/Hyperactivity Disorder (ADHD) Documentation for applicants submitting a request for accommodations based on an Attention-Deficit/Hyperactivity Disorder (ADHD) should contain all of the items listed in the General Guidelines section. The following information explains the additional issues documentation must address relative to ADHD. 1. The evaluation must be conducted by a qualified diagnostician. Professionals conducting assessments and rendering diagnoses of ADHD must be qualified to do so. Comprehensive training in the differential diagnosis of ADHD and other psychiatric disorders and direct experience in diagnosis and treatment of adults is necessary. The evaluator's name, title and professional credentials, including information about license or certification as well as the area of specialization, employment and state in which the individual practices should be clearly stated in the documentation. 2. Testing/assessment must be current. The determination of whether an individual is "significantly limited" in functioning is based on assessment of the current impact of the impairment on the USMLE testing program. (See General Guidelines) 3. Documentation necessary to substantiate the Attention-Deficit/Hyperactivity Disorder must be comprehensive. Because ADHD is, by definition, first exhibited in childhood (although it may not have been formally diagnosed) and in more than one setting, objective, relevant, historical information is essential. Information verifying a chronic course of ADHD symptoms from childhood through adolescence to adulthood, such as educational transcripts, report cards, teacher comments, tutoring evaluations, job assessments and the like are necessary.
Information from third party sources is critical in the diagnosis of adult ADHD. Information gathered in the diagnostic interview and reported in the evaluation should include, but not necessarily be limited to, the following: A history of presenting attentional symptoms, including evidence of ongoing impulsive/hyperactive or inattentive behavior that has significantly impaired functioning over time; Developmental history; Family history for presence of ADHD and other educational, learning, physical or psychological difficulties deemed relevant by the examiner; Relevant medical and medication history, including the absence of a medical basis for the symptoms being evaluated; Relevant psychosocial history and any relevant interventions; A thorough academic history of elementary, secondary and postsecondary education; Review of psychoeducational test reports to determine if a pattern of strengths or weaknesses is supportive of attention or learning problems; Evidence of impairment in several life settings (home, school, work, etc.) and evidence that the disorder significantly restricts one or more major life activities. Relevant employment history; Description of current functional limitations relative to an educational setting and to USMLE in particular that are presumably a direct result of the described problems with attention; A discussion of the differential diagnosis, including alternative or co-existing mood, behavioral, neurological and/or personality disorders that may confound the diagnosis of ADHD; and Exploration of possible alternative diagnoses that may mimic ADHD. 4. Relevant Assessment Batteries A neuropsychological or psychoeducational assessment may be necessary in order to determine the individual's pattern of strengths or weaknesses and to determine whether there are patterns supportive of attention problems. Test scores or subtest scores alone should not be used as the sole basis for the diagnostic decision. Scores from subtests on the Wechsler Adult Intelligence Scale- III (WAIS- III), memory functions tests, attention or tracking tests or continuous performance tests do not in and of themselves establish the presence or absence of ADHD. They may, however, be useful as one part of the process in developing clinical hypotheses. Checklists and/or surveys can serve to supplement the diagnostic profile but by themselves are not adequate for the diagnosis of ADHD. When testing is used, standard scores must be provided for all normed measures. 5. Identification of DSM-IV Criteria A diagnostic report must include a review of the DSM-IV criteria for ADHD both currently and retrospectively and specify which symptoms are present (see DSM-IV for specific criteria). According to DSM-IV, "the essential feature of ADHD is a persistent pattern of inattention and/or hyperactivity-impulsivity that is more frequent and severe than is typically observed in individuals at a comparable level of development." Other criteria include:
6. Documentation Must Include a Specific Diagnosis The report must include a specific diagnosis of ADHD based on the DSM-IV diagnostic criteria. Individuals who report problems with organization, test anxiety, memory and concentration only on a situational basis do not fit the prescribed diagnostic criteria for ADHD. Given that many individuals benefit from prescribed medications and therapies, a positive response to medication by itself is not supportive of a diagnosis, nor does the use of medication in and of itself either support or negate the need for accommodation. 7. A Clinical Summary Must Be Provided A well written diagnostic summary based on a comprehensive evaluative process is a necessary component of the assessment. The clinical summary must include:
8. Each accommodation recommended by the evaluator must include a rationale. The evaluator must describe the impact of ADHD (if one exists) on a specific major life activity as well as the degree of significance of this impact on the individual. The diagnostic report must include specific recommendations for accommodations. A detailed explanation must be provided as to why each accommodation is recommended and should be correlated with specific identified functional limitations. Prior documentation may have been useful in determining appropriate services in the past. However, documentation should validate the need for accommodation based on the individual's current level of functioning. The documentation should include any record of prior accommodation or auxiliary aid, including information about specific conditions under which the accommodation was used (e.g., standardized testing, final exams, NBME subject exams, etc.). However, a prior history of accommodation without demonstration of a current need does not in itself warrant the provision of a similar accommodation. If no prior accommodation has been provided, the qualified professional and/or individual being evaluated should include a detailed explanation as to why no accommodation was used in the past and why accommodation is needed at this time. Because of the challenge of distinguishing ADHD from normal developmental patterns and behaviors of adults, including procrastination, disorganization, distractibility, restlessness, boredom, academic underachievement or failure, low self-esteem and chronic tardiness or inattendance, a multifaceted evaluation must address the intensity and frequency of the symptoms and whether these behaviors constitute an impairment in a major life activity. While students receiving exam accommodations may do so in a separate location from the bulk of their classmates -- no provisions are made to allow for a private exam setting for a single student. Typically, accommodated exams (i.e., extended time, etc.) will be given to a group of accommodated students in one room, and will be continuously proctored. While the reason(s) for a student’s exam accommodations are kept private from those who do not need to know -- we do not ascribe to a student’s privilege to keep secret the fact they he/she is being accommodated and taking examinations under non-standard conditions. C. Psychiatric Illness (Other than LD, ADHD)
| |||||||