Disciplinary Hearing Research Articles

“When does human life begin?” teaching human embryology in the context of the American abortion debate

The Dobbs decision of the United States Supreme Court and the actions of several state legislatures have made it risky, if not outright dangerous, to teach factual material concerning human embryology. At some state universities, for instance, if a professor's lecture is felt to teach or discuss abortion (as it might when teaching about tubal pregnancies, hydatidiform moles, or eneuploidy), that instructor risks imprisonment for up to 14 years (Gyori, 2023). Some states' new censorship rules have thus caused professors to drop modules on abortion from numerous science and humanities courses. In most states, instructors can still teach about human embryonic development and not risk putting their careers or livelihoods in jeopardy. However, even in many of these institutions, students can bring a professor to a disciplinary hearing by claiming that the instructor failed to provide ample trigger warnings on such issues. This essay attempts to provide some strategies wherein human embryology and the ethical issues surrounding it might be taught and students may be given resources to counter unscientific falsehoods about fertilization and human development. This essay provides evidence for teaching the following propositions.Mis-information about human biology and medicine is rampant on the internet, and there are skills that can be taught to students that will help them determine which sites should trusted. This is a skill that needs to be taught as part of science courses.

Practices in the Field of Disciplinary Liability of Convicts While Serving a Sentence of Imprisonment: Analysis of International Experience

The article examines the issue of international experience of disciplinary liability of persons sentenced to imprisonment on the example of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the European Prison Rules and other international acts, and also examines the experience of individual countries. The purpose of the study is to identify the main standards and "good practices" of applying disciplinary sanctions to persons sentenced to imprisonment. The relevance of the study is stipulated by the need to implement international standards in the penitentiary system of Azerbaijan, taking into account the latest monitoring data on the practice of applying disciplinary sanctions to prisoners. The study was carried out within the framework of comparative penology using the methodology of an integrated interdisciplinary approach to the issue under study. Based on the results of the study, the author identified the main prohibited practices: corporal punishment, placement in an unlit cell, deprivation or restriction of food and drink, forced labour, collective punishment of prisoners, any cruel, inhuman or degrading treatment; and permitted practices: warnings, reprimands, telephone access, prohibition of short-term visits, prohibition of shopping, prohibition of receiving parcels and correspondence, solitary confinement or solitary confinement as a last resort. The author also emphasises the rights of prisoners to information on the rules of conduct in the penitentiary institution, to participate in a disciplinary hearing and to appeal against a decision to impose a disciplinary sanction, which constitutes the scientific novelty of the study and areas for further research.

PENEGAKAN DISIPLIN TERHADAP PELANGGARAN ANGGOTA POLRI DI SEKOLAH POLISI NEGARA SELOPAMIORO

This study discusses the role of the Provos in enforcing the law against members of the Police who commit criminal acts and the settlement of criminal acts committed by members of the police at the Selopamioro State Police School. The purpose of this research is to determine the implementation of Provos role in law enforcement against members of the Police who commit criminal acts, and the settlement of criminal acts committed by members of the police at the Selopamioro State Police School. In this Problem, the author uses a sociological juridical approach, while this type of research is empirical juridical in other words field research, namely examining applicable legal provisions and what happens in reality in society, then the data collection methods use are : observation, interviews and documentation.The result of this study indicate that the implementation of the role of the provost in law enforcement at the Selopamioro State Police School in the field of disciplinary enforcement and law enforcement has been carried out but not optimally, it is indicated by the fact that there are still members of the police who commit criminal acts and the completion of criminal acts committed by members of the same Police. This is the case with other civil society, namely through the general judicial process because Polri is subject to the power of general judiciary, in accordance with article 29 paragraph 1 of the law number 2 of 2002 concerning the Indonesian National Police. However for members of the National Police, there is a follow-up process from the Police institution, namely a disciplinary hearing and/or a hearing on the Code of Ethics for the Polri Profession. The implications of this research are, the Provos to further improve supervision of Polri members and provide strict sanctions against Polri personnel who commit criminal acts, and for Provos to go directly to the police to commit crimes against the Police so that they report when they find out that there are irregularities committed by members of the Police

How to conduct a disciplinary hearing fairly

How to conduct a disciplinary hearing fairly

Implementasi Peraturan Kepala Kepolisian Negara Republik Indonesia Nomor 16 Tahun 2012 Tentang Mutasi Anggota Kepolisian Negara Republik Indonesia Di Polres Bungo

Based on the regulations regarding mutations, this research is based on the limitation of promotion and demotional mutations within the Bungo Police Station, promotional mutations within the Bungo Police Station are still not on target for the purpose of implementing mutations both in terms of personnel and placement of mutations aimed at mutated personnel. and demotional mutations within the Bungo Police are one of the punishments that must be carried out by members of the Bungo Police in accordance with the results of the disciplinary hearing of the professional code of ethics received for violating the professional code of ethics. This study uses a descriptive type of research with a qualitative approach. The population in this study were all members of the Bungo Police. With a sample of 15 people who were taken using purposive sampling technique. The results showed that the implementation of the Regulation of the Head of the National Police of the Republic of Indonesia Number 16 of 2012 concerning Mutations of Police Members at the Bungo Police had been carried out in accordance with the mutation procedures and principles in the Perkap, namely the principles of legality, accountability, justice, transparency, objectivity and anti-corruption. The inhibiting factors for the implementation of the Regulation of the Head of the Indonesian National Police Number 16 of 2012 concerning Mutations of Members of the Indonesian National Police at the Bungo Police are the real number of Bungo Police personnel, which is very far when compared to the number of DSPP (List of Police Personnel Composition) of the Bungo Police which must owned by the Bungo Police and there is still a lack of individual competency development for Bungo Police personnel to attend training or vocational education in order to develop the individual competencies of personnel to be professional in carrying out their duties.

Sanksi Hukum terhadap Anggota Polisi yang Melakukan Tindak Pidana Pembunuhan

The police are essentially government institutions and functions that are engaged in maintaining public security and order. The number of temptations causes the police to commit violations or criminal acts. This study aims to understand the legal arrangements against police officers who commit crimes and examine legal sanctions and legal rules that regulate problems in legal arrangements against police officers who commit criminal acts and forms of legal sanctions against the crime of murder. The research method uses normative legal research with a statutory and conceptual approach. Sources of legal materials consist of primary legal materials and secondary data. Data collection is done by reading the law on the police. Data analysis was carried out by case studies namely; the legal materials obtained in the research were processed and analyzed, and presented in a descriptive-analytical manner. The results of the study indicated that legal arrangements for police officers who commit murder crimes, where violations of the code of ethics have consequences, will be tried by the commission of the professional code of ethics. The legal sanction is that a police officer who commits a crime will be processed through a general court trial, undergo sanctions, and undergo a code of ethics trial with dishonorable dismissal. The imposition of disciplinary sanctions is decided in a disciplinary hearing for members of the police who violate police discipline and code of ethics

The Process Of Complexing The Criminal Action Of Planning Murder Performed By Police Investigators

The police is a figure and protector of the community who at the same time as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared no longer fit to carry out the police profession in accordance with the Decree. National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Republic of Indonesia Police. The objectives of the problem in this study are 1) To examine and analyze the settlement of criminal acts committed by unscrupulous members of the Police? 2) To examine and analyze the strategies that need to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police? The research approach method used is normative juridical. Sources of data used are secondary data and primary data, secondary data in this study refers to the literature and primary data refers to facts in the field and the results of interviews. The results of the study: 1) Settlement of violations of the police professional code of ethics that resulted in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 of the Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing is completed, a trial will be held in the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian Police,

My RCVS disciplinary hearing was an incredibly stressful experience.

My RCVS disciplinary hearing was an incredibly stressful experience.

Research misconduct complaints and institutional logics: The case of Hans Eysenck and the British Psychological Society.

A formal complaint was lodged with the British Psychological Society in 1995 that alleged serious scientific misconduct by Hans J Eysenck. The complaint referred to research into the links between personality traits and the causes, prevention and treatment of cancer and heart disease. Using a framework of institutional logics, we criticise the Society’s decision not to hear this complaint at a full disciplinary hearing. We urge the BPS to investigate this complaint afresh. We also support calls for the establishment of an independent National Research Integrity Ombudsperson to deal more effectively with allegations of research misconduct.

Vulnerability to legal misconduct: a profile of problem lawyers in Victoria, Australia

ABSTRACT Public trust in the legal profession rests on regulators taking timely and effective action in response to misconduct. Usually, case-by-case analysis occurs after a claim or complaint is lodged with little attention on factors that may predispose a lawyer to misconduct. Vulnerability is a useful concept for understanding individuals’ susceptibility to harm and for identifying safeguards to protect against that harm. This empirical study adds to the largely normative research on vulnerability with an analysis of 67 “problem lawyers” who were the subject of multiple complaints and at least one disciplinary hearing, a paid financial misconduct claim, or striking from the roll in Victoria, Australia between 2005 and 2015. We analysed determinations about these lawyers and identified a concatenation of factors associated with legal misconduct. Personal vulnerabilities included older age, male sex, poor health, and patterns of behaviour such as low conscientiousness. Situational vulnerabilities included working as a sole principal or in a small practice, excessive workload, and pressures from relationship breakdowns, death or illness in the family, or financial difficulties. These findings shed light on vulnerabilities to legal misconduct, and have implications for lawyer education and well-being, protection of clients, and efforts to reduce lapses in professionalism.

Who Speaks When?

When one angry student refused to follow my discussion structure in a class on diverse Christian views of gender and sexuality, I was unable to keep other students in the room safe from his harmful tirade. After this student refused to apologize in aggressively disrespectful language to me in a private meeting, I petitioned for university sanction. The student responded to my request for a disciplinary hearing by launching a social media campaign to discredit me and my reasons for requesting this hearing. This awful class and the subsequent related events, including administrative response to the social media outrage, have led me to a deeper understanding of what it means to embrace responsibility while at the same time recognizing and accepting that I am not in control. This is one of three essays published together in a special topic section of this journal on critical incidents in the classroom.

Reframing financial abuse of parishioners: an analysis of a Church of England disciplinary tribunal hearing regarding Rev. Karl Wray

PurposeTraditional understandings of financial abuse are limited to particular situations and people who have close access to vulnerable adults. This paper aims to add to a debate that intends to push the boundaries of the understanding of financial abuse further. In particular, it seeks to add to the understanding of what financial abuse might look like and who the perpetrators of such abuse can be. In so doing, it seeks to offer greater protection to the vulnerable.Design/methodology/approachFocusing on exploring the minutes of Church of England disciplinary tribunals, held to provide accountability for clergy, this paper considers how the church seeks to represent and construct the victims of financial abuse.FindingsThe paper identifies that the victims of financial abuse are whitewashed out of the tribunal minutes and discovers that the disciplinary tribunal is solely concerned with the financial loss afforded by the church. This discovery offers a new context in which it is possible to explore the competing interest in, what has been regarded as, the “legitimate assets” of older parishioners. It provides an example of how organisations and individuals compete for them.Originality/valueThis paper adds to the debate about the everyday nature of financial abuse and when and where it might take place. It provides an opportunity to reconsider potential offenders and the means by which abuse might be reduced. In exploring how the financial abuse of potentially vulnerable people can be reframed so that it is hidden by process and procedure, this paper offers an insight into the means by which it is possible to promote transparency and greater accountability.

Role of a companion during a disciplinary hearing

Role of a companion during a disciplinary hearing

Nice or Nasty?: Reasons to Abolish Character as a Consideration in Australian Sentencing Hearings and Professionals' Disciplinary Proceedings

An offender’s character is a consideration that often influences the outcomes of Australian sentencing hearings; good character is generally a mitigating consideration, while bad character can increase the severity of the penalty. Character can also play a central role in lawyers’ and health practitioners’ disciplinary proceedings and lead to determinations that restrict the practise of their professions. In this article, we argue that it is unfair and unnecessary for purported evaluations of the character of the subject of a sentencing or disciplinary hearing to influence decisions made in those matters about penalties or determinations respectively. The concept of character is vague and incoherent, and lacks any settled definition or empirical foundation. Consequently, judicial and tribunal decisions that are based on assessments of individuals’ character and impinge on their legal rights and interests may be unjust and violate the rule of law. Further, it is sufficient for decision-makers to evaluate the crime or misconduct of the subjects of sentencing and disciplinary hearings, without referring to their character, to reach decisions that achieve the appropriate objectives of those proceedings and, in particular, the protection of the community. We therefore propose that the law be reformed to abolish character as a consideration in sentencing hearings and professionals’ disciplinary proceedings.

Would it be ethical or legal for doctors in South Africa to administer testosterone-reducing drugs to Caster Semenya?

The Court of Arbitration for Sport recently confirmed that the decision by the International Association of Athletics Federations to require hyperandrogenic female athletes such as Caster Semenya to reduce their testosterone levels to compete in certain races has been widely condemned. The World Medical Association has warned doctors not to assist in implementing the decision, as it would be unethical. The same would apply in terms of the Health Professions Council of South Africa's rules of professional conduct. Such treatment is 'futile' in medical terms, and does not serve the purpose of providing healthcare. Therefore, doctors may lawfully refuse to prescribe it. The decision is a violation of Semenya's constitutional rights and would be regarded as unethical should doctors comply with it. However, the prescription of such drugs would not be unlawful if Semenya gave informed consent to taking them. Such consent would not be a defence to a disciplinary hearing on unprofessional conduct, but would be a good defence to any legal action arising from unpleasant side-effects - provided they were explained to her.

Was student denied due process at disciplinary hearing?

A female student at the University of Cincinnati reported to the administration in August 2015 that she had been raped by a fellow student. A campus police detective conducted the only interrogation of the plaintiff, obtained witness statements, and spoke several times with the alleged victim.

Sexual Harassment: Why do Victims so often Resign? E v Ikwezi Municipality 2016 37 ILJ 1799 (ECG)

This article endeavours to find answers to the question of why the victims of sexual harassment often resign after the harassment, while the perpetrator continues working, and suggests how some of the human cost to victims of sexual harassment can be prevented. E v Ikwezi Municipality provides a classic example of how the failure of the employer to protect the victim exacerbated her suffering from Post-Traumatic Stress Disorder (PTSD), eventually leaving her with no option but to resign. Had the employer conducted a risk analysis, it could have prevented the sexual harassment by alerting employees to the content of the Code of Good Practice on the Handling of Sexual Harassment in the Workplace. Further, had the employer been aware that it was responsible for the victim's psychological safety also after the disciplinary hearing, it could have taken measures to ensure her safety. The unsatisfactory sanction (the harasser was not dismissed) could lastly have been referred to the Labour Court for review. Unfortunately, the wrong legal advice and an incompetent chairperson led to the municipality’s failing adequately to protect the victim. This caused (and aggravated) the symptoms of PTSD, which forced the victim to resign.
 

Was student denied due process at disciplinary hearing?

Dr. Sean Park surrendered his California and Texas dental licenses in 2013 after allegedly admitting to billing and documentary irregularities. He was then accepted into a graduate program at Temple University Dental School.

Using a mock board of pharmacy disciplinary hearing to teach concepts related to administrative law, addiction, empathy, and professionalism

Background and purposeThe purpose of this project was to impact pharmacy students' personal and professional development through simulation of a board of pharmacy disciplinary hearing regarding addiction. Educational activity and settingThe mock board hearing was conducted as part of the required curriculum. Faculty obtained materials from a prior board hearing. The actual respondent, lawyer, former executive director, and a board agent participated. Students served as board members and president, asked questions of the witnesses, and deliberated per board procedure. After the event, student learning and perceptions were assessed through knowledge-based, opinion-based questions, and open-ended questions. FindingsOf the 141 students who attended the event, 97% completed the assessment. The average score on the knowledge-based questions was 95%. Ratings of perceptions and reflections of the experience were used in tandem to understand the experience. In general, students indicated the experience was positive and impactful towards their education. Students indicated they felt that the experience allowed them to better understand addiction and empathize with someone called before the board. In fact, there were fundamental differences in perceptions regarding the “addicted person,” going from a penalizing and stigmatized perspective to one of caring and compassion. SummaryStudents were knowledgeable about the board and its regulatory process after the event. More than knowledge, students indicated fundamental changes in their views of addiction. Other institutions may consider implementing similar exercises to engender empathy and professionalism regarding drug addiction and regulatory compliance.

Did college have duty to respond to student's accommodations requests?

Carleton College conducted a disciplinary hearing in 2011 to resolve claims by first‐year student Elizabeth Shank that she had been raped in her residence hall room by a male student who lived in her residence hall. The hearing panel decided the accused student had violated Carleton's sexual assault policy. However, Shank claimed the only sanction was an order prohibiting him from contacting her. She also maintained the male student had violated the order with little response from Carleton.