IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

_______________________________________________________

APPEAL NO. 17-11888

APPEAL NO. 17-12134
APPEAL NO. 17-12376
_________________________________________________________

NAUSHEEN ZAINULABEDDIN
PLAINTIFF-APPELLANT

v.

UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

DEFENDANT-APPELLEE
_________________________________________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA (TAMPA DIVISON)
CASE NO. 8:16-cv-00637 (Hon. James S. Moody)
____________________________________________________

PLAINTIFF APPENDIX
VOLUME I OF XII: DOCKET 1-4
(Pages A-1 TO A-209)
___________________________

APPELLANT
Nausheen Zainulabeddin
4730 South Woodlawn Ave. Apt 3D
Chicago, IL 60615
[email protected]

Pro Se
 INDEX

VOL. Tab Date Title Page

numbers
A-
I 2 1/22/16 Complaint filed in the Circuit 1-58
Court of the 13th Judicial
Circuit in and for Hillsborough
County, Florida
I 2-1 1/22/16 Dkt. 2 Exhibit A 59-64

I 2-2 1/22/16 Dkt. 2 Exhibit B 65-167

I 2-3 1/22/16 Dkt. 2 Exhibit C 168-169
I 2-4 1/22/16 Dkt. 2 Exhibit D 170-171
I 2-5 1/22/16 Dkt. 2 Exhibit E 172-175
I 2-6 1/22/16 Dkt. 2 Exhibit F 176-178
I 2-7 1/22/16 Dkt. 2 Exhibit G 179-180
I 1 3/17/16 Defendant Notice of Removal 181-186
I 1-1 3/17/16 Dkt. 1 Exhibit B: Summons 187-190
I 1-2 3/17/16 Dkt. 1 Exhibit C: Notice of 191-193
Appearance
I 1-3 3/17/16 Dkt. 1 Exhibit D: Designation 194-196
of E-mail Addresses
I 1-4 3/17/16 Dkt. 1 Exhibit F: Civil Cover 1971-198
Sheet
I 4 3/24/16 Defendant’s Motion to Dismiss 199-209
and for more Definite
Statement and Supporting
Memorandum of Law
II 6 3/30/16 Plaintiff’s Response in 210-222
Opposition to Defendant’s
Motion to Dismiss and for
more Definite statement, with

i
 Incorporated Memorandum of
Law
II 6-1 3/30/16 Dkt. 6 Exhibit A 223-228
II 9 4/06/16 Case Management and 229-231
Scheduling Order
II 10 4/13/16 Order: Denial of Dkt. 4 232-240
II 11 4/27/16 Defendant’s Answer, Defenses, 241-272
and Affirmative Defenses
II 12 09/08/16 Unopposed Motion to 273-275
Withdraw and for Substitution
of Counsel
II 14 11/09/16 Order Referring Case to 276-280
Mediation and Directing
Selection of a Mediator
II 15 11/29/16 Joint Motion for Enlargement 281-284
of the Discovery and
Dispositive Motion Deadlines
II 17 12/09/16 Notice of Mediator Selection 285-286
and Scheduling of Mediation
II 18 12/13/16 Order Appointing Mediator and 287-288
Scheduling Mediation
II 19 02/01/17 Plaintiff Partially Opposed 289-294
Motion to take Deposition of
Dr. Joanne Valeriano-Mercent
Subsequent to close of
discovery with incorporated
statement of good cause
wherefore
II 19-1 02/01/17 Dkt. 19 Exhibit A: Plaintiff’s 295-297
Notice of Taking Deposition of
Dr. Joanne Valeriano-Marcet
II 20 02/02/17 Granted Order of Dkt. 19 298-299
II 21 02/03/17 Joint Motion to Extend 300-302
Mediation Deadline

ii
 II 22 02/04/17 Defendant’s Motion for 303-326
Summary of Judgement
II 23 02/04/17 Defendant’s Notice of Filing 327-328
Deposition Transcripts In
Support of Its Motion for
Summary of Judgement
II & III 23-1 02/04/17 Dkt. 23 Exhibit A, Volume I: 329-448
Plaintiff’s Deposition
Transcript and Exhibits
III 23-2 02/04/17 Dkt. 23 Exhibit A, Volume II: 449-563
Plaintiff’s Deposition
Transcript and Exhibits
III & IV 23-3 02/04/17 Dkt. 23 Exhibit B Deposition 564-650
Transcript of Dr. Deborah Roth
and Exhibits
IV 23-4 02/04/17 Dkt. 23 Exhibit C: Deposition 651-737
Transcript of Dr. Ambuj Kumar
and Exhibits
IV 23-5 02/04/17 Dkt. 23 Exhibit D: Deposition 738-810
Transcript of Dr. Saundra Stock
and Exhibits
IV &V 23-6 02/04/16 Dkt. 23 Exhibit D: Additional 811-871
documents
V 25 02/09/16 Notice of Withdrawal of 872-873
Plaintiff’s Motion to Take
Deposition of Dr. Joanne
Valeriano-Mercet
V 26 02/19/17 Plaintiff’s Statement of 874-885
Disputed Material Facts
V 26-1 02/19/17 Dkt. 26 Exhibit A 886-893
V 26-2 02/19/17 Dkt. 26 Exhibit B 894-898
V 26-3 02/19/17 Dkt. 26 Exhibit C 899-907
V 27 02/19/17 Plaintiff’s Response in 908-927
Opposition to Defendant’s

iii
 Motion for Summary
Judgement
V 28 02/19/17 Plaintiff’s Notice of Filing 928-929
Affidavit in Support of
Plaintiff’s Response in
Opposition to Defendant’s
Motion for Summary
Judgement
V 28-1 02/19/17 Dkt. 28 Affidavit of Plaintiff 930-956
V 28-2 02/19/17 Dkt. 28 Exhibit A, B, C, D, 957-972
V 28-3 02/19/17 Dkt. 28 Exhibit E 973-980
V 28-4 02/19/17 Dkt. 28 Exhibit F, G, H, 981-995
V 28-5 02/19/17 Dkt. 28 Exhibit I, J, K, L 996-1018
V 29 02/19/17 Plaintiff’s Notice of Filing 1019-1020
Deposition of Steven Specter in
support of Plaintiff’s Response
in Opposition to Defendant’s
Motion for Summary
Judgement
V & VI 29-1 02/19/17 Dkt. 29 Deposition of Steven 1021-1203
Specter, Ph.D
VI 29-2 02/19/17 Dkt. 29 Plaintiff’s Amended 1204-1209
Notice of Taking Deposition of
Dr. Steven Specter
VI 29-3 02/19/17 Dkt. 29 Exhibit 2 1210
VI 29-4 02/19/17 Dkt. 29 Exhibit 3 1212
VI 29-5 02/19/17 Dkt. 29 Exhibit 4 1214
VI 29-6 02/19/17 Dkt. 29 Exhibit 5 1215
VI 29-7 02/19/17 Dkt. 29 Exhibit 6 1216
VI 29-8 02/19/17 Dkt. 29 Exhibit 7 1221
VI 29-9 02/19/17 Dkt. 29 Exhibit 8 1222
VI 29-10 02/19/17 Dkt. 29 Exhibit 9 1223
VI 29-11 02/19/17 Dkt. 29 Exhibit 10 1225

iv
 VI & 29-12 02/19/17 Dkt. 29 Exhibit 11 1242
VII
VII 29-13 02/19/17 Dkt. 29 Exhibit 12 1243
VII 29-14 02/19/17 Dkt. 29 Exhibit 13 1244
VII 29-15 02/19/17 Dkt. 29 Exhibit 14 1251
VII 29-16 02/19/17 Dkt. 29 Exhibit 15 1260
VII 29-17 02/19/17 Dkt. 29 Exhibit 16 1269
VII 29-18 02/19/17 Dkt. 29 Exhibit 17 1270
VII 29-19 02/19/17 Dkt. 29 Exhibit 18 1276
VII 29-20 02/19/17 Dkt. 29 Exhibit 19 1284
VII 29-21 02/19/17 Dkt. 29 Exhibit 20 1285
VII 29-22 02/19/17 Dkt. 29 Exhibit 21 1287
VII 30 02/19/17 Plaintiff’s Notice of Filing 1288
Complete Deposition
Transcript of Dr. Ambuj Kumar
in Support of Plaintiff’s
Response in Opposition to
Defendant’s Motion for
Summary of Judgement
VII 30-1 02/19/17 Dkt. 30 Deposition 1290-1362
VII 30-2 02/19/17 Dkt. 30 Exhibit 1 1363
VII 30-3 02/19/17 Dkt. 30 Exhibit 2 1364-1365
VII 30-4 02/19/17 Dkt. 30 Exhibit 3 1366-1371
VII 30-5 02/19/17 Dkt. 30 Exhibit 4 1372-1377
VII 30-6 02/19/17 Dkt. 30 Exhibit 5 1378-1396
VII 30-7 02/19/17 Dkt. 30 Exhibit 6 1397
VII 30-8 02/19/17 Dkt. 30 Exhibit 7 1399
VII 30-9 02/19/17 Dkt. 30 Exhibit 8 1401
VII 30-10 02/19/17 Dkt. 30 Exhibit 9 1402
VII 30-11 02/19/17 Dkt. 30 Exhibit 10 1403
VII 30-12 02/19/17 Dkt. 30 Exhibit 11 1405
VII 30-13 02/19/17 Dkt. 30 Exhibit 12 1406
VII 30-14 02/19/17 Dkt. 30 Exhibit 13 1407

v
 VII 30-15 02/19/17 Dkt. 30 Exhibit 14 1408
VII 30-16 02/19/17 Dkt. 30 Exhibit 15 1409
VII 30-17 02/19/17 Dkt. 30 Exhibit 16 1410
VII 31 02/27/17 Joint Motion to Extend 1418
Mediation Deadline
VII 33 03/01/17 Defendant’s Motion for Leave 1421
to reply to Plaintiff’s Response
to Defendant’s Motion for
Summary Judgement
VII 35 03/07/17 Unopposed Motion to 1424
Withdraw and for Substitution
of Counsel
VII 36 03/08/17 Order Granting Dkt. 35 1427
VII 37 03/15/17 Defendant’s Reply to Plaintiff’s 1428
Response in Opposition to
Defendant’s Motion for
Summary of Judgement
VIII 38 03/18/17 Plaintiff’s Motion for Leave to 1437
File Surreply to Defendant’s
Reply Memorandum to
Plaintiff’s Response in
Opposition to Defendant’s
Motion for Summary
Judgement
VIII 40 03/22/17 Mediation Report 1440
VIII 41 03/24/17 Plaintiff’s Surreply to 1442
Defendant’s Reply
Memorandum to Plaintiff’s
Response in Opposition to
Defendant’s Motion for
Summary Judgement
VIII 41-1 03/24/17 Dkt. 41 Exhibit A 1447
VIII 41-2 03/24/17 Dkt. 41 Exhibit B 1451

vi
 VIII 42 04/19/17 Order Granting Summary of 1455-1484
Judgement in Favor of
Defendant
VIII 43 04/20/17 Judgement in Civil Case signed 1485-1486
by Deputy Clerk
VIII 44 04/26/17 Plaintiff’s Notice of Appeal to 1487-1488
USCA 11th circuit for Dkt. 42
VIII 46 04/27/17 Transfer of Appeal to USCA 1489-1552
11th Circuit (Dkt. 44).
VIII 47 04/27/17 Application for Leave to 1553-1555
Withdraw as Counsel
VIII 48 05/01/17 Motion for Reconsideration 1556-1581
VIII 48-1 05/01/17 Dkt. 48 Exhibit 1 to Exhibit 14 1582-1641
IX 48-2 05/01/17 Dkt. 48 Exhibit 15 to 32 1642-1720
IX 48-3 05/01/17 Dkt. 48 Exhibit 33 to 43 1721-1806
IX & X 48-4 05/01/17 Dkt. 48 Exhibit 44 to 47 1807-1841
X 48-5 05/01/17 Dkt. 48 Exhibit 48 to 57 1842-1935
X 49 05/01/17 Dkt. 48 Affidavit 1936-1948
X 50 05/01/17 Motion For Recusal 1949
X 50-1 05/01/17 Dkt. 50 Exhibit A to Exhibit I 1973-2042
X 51 05/01/17 Pro Se Motion of Continuance 2043-2046
XI 54 05/03/17 Order Denying Motion for 2047-2049
Reconsideration (Dkt. 48)
XI 55 05/03/17 Defendant’s Motion to Tax 2050-2055
Costs with Verified Bill of
Costs
XI 55-1 05/03/17 Dkt. 55 Exhibit A 2056-2081
XI 56 05/03/17 Plaintiff’s Motion to Stay 2082-2097
District Court Administrative
Proceedings of
(1) Pro Se Motion of
Continuance
(2) Motion for
Reconsideration

vii
 (3) Motion of Recusal,
Pending Appeal
XI 56-1 05/03/17 Plaintiff’s Responses and 2098
Objections to Defendant’s First
Set of Interrogatories to
Plaintiff. + Exhibits
XI 59 05/08/17 Directions to Clerk for Notice 2164
of Appeal dated April 26, 2017
XI 59-1 05/08/17 Dkt. 59 Exhibit A 2166
XI 60 05/10/17 Notice of Appeal for Dkt. 57; 2178
dated May 10, 2017
XI 61 05/10/17 IFP of USCA FC 2180
XI 64 05/17/17 Plaintiff Opposition to 2185
Defendant’s Bill of Costs

XI 64-1 05/17/17 Dkt. 64 Exhibit A to E 2199

XI & 64-2 05/17/17 Dkt. 64 Exhibit F 2214
XII
XII 64-3 05/17/17 Dkt. 64 Exhibit G 2300
XII 64-4 05/17/17 Dkt. 64 Exhibit H 2345
XII 64-5 05/17/17 Dkt. 64 Exhibit 2400
XII 64-6 05/17/17 Dkt. 64 Exhibit 2304
XII 66 05/19/17 Order granting Dkt. 64 in favor 2405
of Defendant
XII 67 05/22/17 Bill of Costs 2412
XII 69 05/22/17 Direction to Clerk for Notice of 2413
Appeal dated May 10, 2017
XII 70 05/22/17 Notice of Appeal to USCA FC 2429
and Petition of Review
XII 71 05/22/17 Notice of Appeal for Dkt. 66 2431
dated May 22, 2017
XII 74 05/23/17 Directions to the Clerk; 2433
Transfer Error

viii
9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

Zainulabeddin v. University of South Florida Board of Trustees

Dashboard

Florida Middle District Court

Judge: James S Moody, Jr
Referred: Thomas G Wilson
Case #: 8:16-cv-00637
Nature of Suit 440 Civil Rights - Other Civil Rights
Cause 29:0794 Job Discrimination (Handicap)
Case Filed: Mar 17, 2016
Terminated: Apr 20, 2017

Docket Parties (2) Related Cases (4) News

Last checked: Tuesday Sep 13, 2016 5:04 AM EDT Update Parties

Defendant
Represented By
University of South Florida Board of Trustees
John F. Dickinson
Constangy, Brooks, Smith, & Prophete, LLP
[email protected]

John Sikes Gibbs

Constangy, Brooks, Smith, & Prophete, LLP
[email protected]

J. Ray Poole, Jr.

Constangy, Brooks, Smith, & Prophete, LLP
[email protected]

Plaintiff
Represented By
Nausheen Zainulabeddin
Stanley Robert Apps
Stanley R. Apps, P.A.
[email protected]

0:17-prici-11888 - Nausheen Zainulabeddin v. University of South Florida Bo 04/27/2017

0:17-prici-12134 - Nausheen Zainulabeddin v. University of South Florida Bo 05/11/2017

https://www.pacermonitor.com/case/11005379/Zainulabeddin_v_University_of_South_Florida_Board_of_Trustees 1/15
9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

0:17-prici-12376 - Nausheen Zainulabeddin v. University of South Florida Bo 05/24/2017

0:17-cvpri-02083 - Zainulabeddin v. USF Board of Trustees 05/25/2017

Navigation Edit Alert

Docket last updated: 09/01/2017 11:59 PM EDT Update Now

Friday, July 28, 2017

82 appeal USCA Mandate Fri 12:08 PM

MANDATE of USCA for the Federal Circuit terminating appeal as to70 Notice of appeal filed by Nausheen
Zainulabeddin Issued as Mandate: 7/27/17 USCA number: 17-2083 ML. (JNB)

81 appeal USCA order Fri 12:07 PM

ORDER of USCA for the Federal Circuit:. The motion to acknowledge Ms. Zainulabeddin's filing as timely31 is
granted. The petition for panel rehearing30 is denied. All other pending motions28 3233 are denied as moot.
No further motions will be docketed or considered as to70 Notice of appeal filed by Nausheen Zainulabeddin.
EOD: 7/27/17; USCA number: 17-2083 ML. (JNB)

Tuesday, June 20, 2017

80 3 pgs appeal USCA order Tue 11:57 AM

ORDER of USCA filed terminating appeal; denying as moot motion to allow efiling19 filed by Appellant
Nausheen Zainulabeddin; denying as moot motion for other relief15 filed by Appellant Nausheen
Zainulabeddin, denying as moot motion for other relief11 filed by Appellant Nausheen Zainulabeddin; denying
as moot motion to correct document14 filed by Appellant Nausheen Zainulabeddin; denying as moot motion
for leave to proceed in forma pauperis7 filed by Appellant Nausheen Zainulabeddin; denying as moot motion
to correct or supplement record on appeal4 filed by Appellant Nausheen Zainulabeddin. Each side shall bear
its own costs as to70 Notice of appeal filed by Nausheen Zainulabeddin. EOD: 6/20/17; USCA number: 17-
2083 ML. (JNB)

Thursday, June 08, 2017

79 appeal Designation of Record on Appeal Fri 2:55 PM
DESIGNATION of Record on Appeal (Directions to the Clerk) by Nausheen Zainulabeddin re71 Notice of
appeal.(AG)

Att: 1 Mailing Envelope

Monday, June 05, 2017

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9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

78 4 pgs notice Notice (Other) Tue 3:49 PM

NOTICE to the clerk of corrections needed of docketing errors - May 10, 2017 thru Mary 31, 2017 by
Nausheen Zainulabeddin.(AG)

Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Mailing Envelope

77 2 pgs order Order on motion to supplement Mon 9:12 AM

ORDER denying 63 Plaintiff's Motion to Supplement the Record on Appeal. Signed by Judge James S.
Moody, Jr. on 6/5/2017. (LN)

Wednesday, May 31, 2017

appeal Transmittal to USCA Wed 8:43 AM
TRANSMITTAL to USCA forwarding Order granting appeal in forma pauperis re71 Notice of appeal,60 Notice
of appeal USCA number: 17-11888 G and 17-12134 C. (BSN)

Tuesday, May 30, 2017

76 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Tue 5:37 PM
ORDER granting 72 Motion for leave to appeal in forma pauperis/affidavit of indigency. Signed by Magistrate
Judge Thomas G. Wilson on 5/30/2017. (Wilson, Thomas)

75 5 pgs respm Response in Opposition to Motion Tue 5:01 PM

RESPONSE in Opposition re63 MOTION to supplement Record on Appeal and support for Motion and
Declaration for leave to proceed In Forma Pauperis (issues on appeal, Dkt. 61) to Magistrate Judge filed by
University of South Florida Board of Trustees. (Mans, Lori)

appeal Transmittal to USCA Tue 10:21 AM

TRANSMITTAL to USCA forwarding Order granting In Forma Pauperis re60 Notice of appeal USCA number:
17-12134 C. (BSN)

Wednesday, May 24, 2017

73 56 pgs appeal Transmittal of initial appeal package Wed 3:18 PM

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet,
order/judgment being appealed, and motion, if applicable to USCA re70 Notice of appeal,71 Notice of appeal.
(KMM)

appeal Transmittal to USCA Wed 2:47 PM

TRANSMITTAL to USCA forwarding Order granting appeal in forma pauperis re44 Notice of appeal USCA
number: 17-11888 G. (BSN)

Tuesday, May 23, 2017

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9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

74 4 pgs notice Notice (Other) Wed 3:23 PM

DIRECTIONS TO THE CLERK by Nausheen Zainulabeddin. (BSN)

68 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Tue 6:02 PM
ORDER granting 61 Motion for leave to appeal in forma pauperis/affidavit of indigency. Signed by Magistrate
Judge Thomas G. Wilson on 5/23/2017. (Wilson, Thomas)

Monday, May 22, 2017

72 motion Appeal in forma pauperis/affidavit of indigency Wed 3:10 PM
MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin. (KMM)

71 2 pgs appeal Notice of appeal Wed 3:09 PM

NOTICE OF APPEAL to USCA as to66 Order on Motion for Taxation of Costs by Nausheen Zainulabeddin.
Filing fee not paid. (KMM)

70 2 pgs appeal Notice of appeal Wed 3:07 PM

NOTICE OF APPEAL to Federal Circuit as to42 Order on motion for summary judgment,54 Order on Motion for
ReconsiderationOrder on motion for recusal by Nausheen Zainulabeddin. Filing fee not paid.(KMM)

Att: 1 2 pgs Petition for Review

69 16 pgs notice Notice (Other) Wed 3:03 PM

Directions to the Clerk, by Nausheen Zainulabeddin (KMM)

67 1 pgs misc Bill of costs Mon 8:30 AM

BILL OF COSTS taxed against Plaintiff in the amount of $5,382.15. Signed by Deputy Clerk. (AD)

Friday, May 19, 2017

66 7 pgs order Order on Motion for Taxation of Costs Fri 10:56 AM

ORDER: Defendant's Motion to Tax Costs 55 is granted in part and denied in part as explained herein.
Defendant is entitled to $5,382.15 in costs. The Clerk of Court is directed to enter a Bill of Costs in the amount
of $5,382.15 in favor of Defendant and against Plaintiff. Signed by Judge James S. Moody, Jr. on 5/19/2017.
(LN)

Wednesday, May 17, 2017

65 misc Certificate of interested persons and corporate disclosure statement Thu 10:05 AM
CERTIFICATE of interested persons and corporate disclosure statement re3 Related case order and track 2
notice by Nausheen Zainulabeddin. (BSN)

64 14 pgs respm Response in Opposition to Motion Thu 10:03 AM

RESPONSE in Opposition re55 MOTION for Taxation of Costs with Verified Bill of Costs and Supporting
Memorandum of Law filed by Nausheen Zainulabeddin.(BSN)

Att: 1 19 pgs Exhibit A-E,

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9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

Att: 2 99 pgs Exhibit F,

Att: 3 45 pgs Exhibit G,

Att: 4 55 pgs Exhibit H,

Att: 5 3 pgs Exhibit,

Att: 6 3 pgs Exhibit,

Att: 7 2 pgs Exhibit

Tuesday, May 16, 2017

63 19 pgs motion Supplement Tue 3:55 PM

MOTION to supplement Record on Appeal and support for Motion and Declaration for leave to proceed In
Forma Pauperis (issues on appeal, Dkt. 61) to Magistrate Judge by Nausheen Zainulabeddin.(BSN)

Att: 1 38 pgs Exhibit A,

Att: 2 101 pgs Exhibit 1,

Att: 3 102 pgs Exhibit 2,

Att: 4 112 pgs Exhibit 3,

Att: 5 161 pgs Exhibit 4,

Att: 6 126 pgs Exhibit 5,

Att: 7 72 pgs Exhibit 6,

Att: 8 100 pgs Exhibit 7,

Att: 9 87 pgs Exhibit 8,

Att: 10 141 pgs Exhibit 9,

Att: 11 91 pgs Exhibit 10,

Att: 12 130 pgs Exhibit 11,

Att: 13 139 pgs Exhibit 12

Wednesday, May 10, 2017

62 15 pgs appeal Transmittal of initial appeal package Thu 10:52 AM
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet,
order/judgment being appealed, and motion, if applicable to USCA re60 Notice of appeal. (BSN)

61 5 pgs motion Appeal in forma pauperis/affidavit of indigency Thu 10:44 AM

MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin.(BSN)

Motions referred to Magistrate Judge Thomas G. Wilson.

Att: 1 84 pgs Exhibit

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9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

60 2 pgs appeal Notice of appeal Thu 10:43 AM

NOTICE OF APPEAL as to 57 Order on motion to stay,54 Order on Motion for Reconsideration Order on
motion for recusal by Nausheen Zainulabeddin. Filing fee not paid. (BSN)

Monday, May 08, 2017

59 2 pgs appeal Designation of Record on Appeal Tue 4:58 PM

DESIGNATION (Directions to the Clerk) of Record on Appeal by Nausheen Zainulabeddin re44 Notice of
appeal(AG)

Att: 1 12 pgs Exhibit A

Friday, May 05, 2017

appeal Transmittal to USCA Fri 8:11 AM
TRANSMITTAL to USCA forwarding ORDER granting Motion for leave to appeal in forma pauperis/affidavit of
indigency re44 Notice of appeal USCA number: 17-11888 G. (KMM)

Thursday, May 04, 2017

58 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Thu 4:21 PM
ORDER granting 45 Motion for leave to appeal in forma pauperis/affidavit of indigency. Signed by Magistrate
Judge Thomas G. Wilson on 5/4/2017. (Wilson, Thomas)

57 order Order on motion to stay Thu 1:57 PM

ENDORSED ORDER denying as moot 56 motion to stay. Signed by Judge James S. Moody, Jr. on 5/4/2017.
(LN)

Wednesday, May 03, 2017

56 16 pgs motion Stay Thu 10:57 AM

MOTION to stay documents re48 ,49 ,50 and51 pending appeal by Nausheen Zainulabeddin.(BSN)

Att: 1 66 pgs Exhibit

55 6 pgs motion Taxation of Costs Wed 5:26 PM

MOTION for Taxation of Costs with Verified Bill of Costs and Supporting Memorandum of Law by University of
South Florida Board of Trustees.(Mans, Lori) Motions referred to Magistrate Judge Thomas G. Wilson.

Att: 1 26 pgs Exhibit Motion to Tax Costs Exhibit A

54 3 pgs order Order on Motion for Reconsideration Order on motion for recusal Wed 1:04 PM

ORDER denying 48 Motion for Reconsideration; denying 50 Motion for Recusal. Signed by Judge James S.
Moody, Jr. on 5/3/2017. (LN)

53 order Order on Motion to Continue Wed 11:18 AM

ENDORSED ORDER denying 51 Motion to Continue. Signed by Judge James S. Moody, Jr. on 5/3/2017. (LN)

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52 order Order on Motion to Withdraw as Attorney Wed 11:17 AM

ENDORSED ORDER granting 47 Motion to Withdraw as Attorney. Attorney Stanley Robert Apps terminated.
Pro se Plaintiff's address of record is 4409 W. Varn Avenue, Tampa, FL 33616. Signed by Judge James S.
Moody, Jr on 5/3/2017. (LN)

Tuesday, May 02, 2017

51 4 pgs motion Continue Wed 10:49 AM

MOTION to Continue by Nausheen Zainulabeddin. (BSN)

Monday, May 01, 2017

50 23 pgs motion Recusal Tue 12:48 PM

MOTION for Recusal by Nausheen Zainulabeddin.(BSN)

Att: 1 70 pgs Exhibit A-F

49 13 pgs misc Affidavit Tue 12:47 PM

AFFIDAVIT of Nausheen Zainulabeddin re:48 MOTION for Reconsideration re43 Judgment by Nausheen
Zainulabeddin. (BSN)

48 26 pgs motion Reconsideration Tue 12:46 PM

MOTION for Reconsideration re43 Judgment by Nausheen Zainulabeddin.(BSN)

Att: 1 60 pgs Exhibit 1-14,

Att: 2 79 pgs Exhibit 15-32,

Att: 3 89 pgs Exhibit 33-43,

Att: 4 129 pgs Exhibit 44-57

Thursday, April 27, 2017

47 3 pgs motion Withdraw as Attorney Thu 7:58 PM

MOTION for Stanley R. Apps to withdraw as attorney for the Plaintiff, Nausheen Zainulabeddin, based upon
her election to proceed pro se by Stanley Robert Apps. (Apps, Stanley) Motions referred to Magistrate Judge
Thomas G. Wilson.

46 64 pgs appeal Transmittal of initial appeal package Thu 9:41 AM

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet,
order/judgment being appealed, and motion, if applicable to USCA re44 Notice of appeal. (BSN)

Wednesday, April 26, 2017

45 5 pgs motion Appeal in forma pauperis/affidavit of indigency Thu 9:14 AM

MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin.(BSN)
Motions referred to Magistrate Judge Thomas G. Wilson.

Att: 1 30 pgs Exhibit

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44 2 pgs appeal Notice of appeal Thu 9:13 AM

NOTICE OF APPEAL as to42 Order on motion for summary judgment by Nausheen Zainulabeddin. Filing fee
not paid. (BSN)

Thursday, April 20, 2017

43 2 pgs misc Judgment Thu 9:07 AM

JUDGMENT in favor of University of South Florida Board of Trustees against Nausheen Zainulabeddin (Signed
by Deputy Clerk) (BSN)

Wednesday, April 19, 2017

42 30+ pgs order Order on motion for summary judgment Wed 4:07 PM

ORDER: Defendant's Motion for Summary Judgment (Doc. 22) is granted. The Clerk of Court is directed to
enter final judgment in favor of Defendant and against Plaintiff. After entry of final judgment, the Clerk of Court
is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody,
Jr. on 4/19/2017. (AD)

Friday, March 24, 2017

41 5 pgs respm Memorandum in opposition Fri 12:18 PM

MEMORANDUM in opposition re37 Reply to Response to Motion Plaintiff's Surreply to Defendant's Reply to
Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment filed by Nausheen
Zainulabeddin.(Apps, Stanley)

Att: 1 4 pgs Exhibit A,

Att: 2 4 pgs Exhibit B

Wednesday, March 22, 2017

40 2 pgs adr Mediation report Wed 3:04 PM

MEDIATION report Hearing held on 3/22/2017. Hearing outcome: IMPASSE. (Shulman, Christopher)

Tuesday, March 21, 2017

39 order Order on Motion for Leave to File Tue 1:14 PM

ENDORSED ORDER granting 38 Motion for Leave to File Surreply. Surreply shall be filed within seven (7) days
of the date of this Order. Signed by Judge James S. Moody, Jr. on 3/21/2017. (LN)

Saturday, March 18, 2017

38 3 pgs motion Leave to File Document Sat 2:57 AM

MOTION for leave to file Surreply of no more than 5 pages to Defendant's Reply Memorandum to Plaintiff's
Response in Opposition to Defendant's Motion for Summary Judgment by Nausheen Zainulabeddin. (Apps,
Stanley)

Wednesday, March 15, 2017

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37 9 pgs respm Reply to Response to Motion Wed 2:00 PM

REPLY to Response to Motion re22 MOTION for summary judgment filed by University of South Florida Board
of Trustees. (Mans, Lori)

Wednesday, March 08, 2017

36 1 pgs order Order on Motion to Withdraw as Attorney Thu 5:27 PM

ORDER granting 35 Motion to Withdraw as Attorney and for Substitution of Counsel. Attorney J. Ray Poole,
Jr., terminated. Signed by Magistrate Judge Thomas G. Wilson on 3/8/2017. (DMS)

Tuesday, March 07, 2017

35 3 pgs motion Withdraw as Attorney Tue 5:00 PM

MOTION for J. Ray Poole to withdraw as attorney and for Substitution of Counsel and Supporting
Memorandum of Law by University of South Florida Board of Trustees. (Dickinson, John)

Wednesday, March 01, 2017

34 order Order on Motion for Leave to File Wed 3:43 PM

ENDORSED ORDER granting 33 Motion for Leave to File Reply. Reply is limited to 10 pages and shall be filed
within 14 days. Signed by Judge James S. Moody, Jr. on 3/1/2017. (LN)

33 3 pgs motion Leave to File Document Wed 2:28 PM

MOTION for leave to file Reply to Plaintiff's Response in Opposition to Defendant's Motion for Summary
Judgment by University of South Florida Board of Trustees. (Poole, J.)

Tuesday, February 28, 2017

32 order Order on motion to extend time Tue 9:16 AM

ENDORSED ORDER granting 31 Joint Motion to extend time to conduct Mediation until MARCH 22, 2017.
Signed by Judge James S. Moody, Jr. on 2/28/2017. (LN)

Monday, February 27, 2017

31 3 pgs motion Extend time Mon 4:23 PM

Joint MOTION to extend time to conduct Mediation until March 22, 2017 by Nausheen Zainulabeddin. (Apps,
Stanley)

Sunday, February 19, 2017

30 2 pgs notice Notice (Other) Sun 6:40 PM

NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion,23 Notice (Other) Notice of Filing
COMPLETE Deposition Transcript of Dr. Ambuj Kumar, M.D., including Exhibit omitted by Defendant(Apps,
Stanley)

Att: 1 86 pgs Exhibit Deposition of Ambuj Kumar, MD,

Att: 2 1 pgs Exhibit,

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9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

Att: 3 2 pgs Exhibit,

Att: 4 6 pgs Exhibit,

Att: 5 6 pgs Exhibit,

Att: 6 19 pgs Exhibit,

Att: 7 2 pgs Exhibit,

Att: 8 2 pgs Exhibit,

Att: 9 1 pgs Exhibit,

Att: 10 1 pgs Exhibit,

Att: 11 2 pgs Exhibit,

Att: 12 1 pgs Exhibit,

Att: 13 1 pgs Exhibit,

Att: 14 1 pgs Exhibit,

Att: 15 1 pgs Exhibit,

Att: 16 1 pgs Exhibit,

Att: 17 8 pgs Exhibit

29 2 pgs notice Notice (Other) Sun 6:15 PM

NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion Notice of Filing Deposition
Transcript of Dr. Steven Specter, Ph.D.(Apps, Stanley)

Att: 1 182 pgs Exhibit Deposition of Steven Specter,

Att: 2 6 pgs Exhibit,

Att: 3 2 pgs Exhibit,

Att: 4 2 pgs Exhibit,

Att: 5 1 pgs Exhibit,

Att: 6 1 pgs Exhibit,

Att: 7 6 pgs Exhibit,

Att: 8 1 pgs Exhibit,

Att: 9 1 pgs Exhibit,

Att: 10 2 pgs Exhibit,

Att: 11 17 pgs Exhibit,

Att: 12 1 pgs Exhibit,

Att: 13 1 pgs Exhibit,

Att: 14 7 pgs Exhibit,

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9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

Att: 15 9 pgs Exhibit,

Att: 16 9 pgs Exhibit,

Att: 17 1 pgs Exhibit,

Att: 18 6 pgs Exhibit,

Att: 19 8 pgs Exhibit,

Att: 20 1 pgs Exhibit,

Att: 21 2 pgs Exhibit,

Att: 22 1 pgs Exhibit

28 2 pgs notice Notice (Other) Sun 5:38 PM

NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion Notice of Filing Affidavit of the
Plaintiff in support of Plaintiff's Response in Opposition to Summary Judgment(Apps, Stanley)

Att: 1 27 pgs Affidavit of Nausheen Zainulabeddin,

Att: 2 16 pgs Exhibit,

Att: 3 8 pgs Exhibit,

Att: 4 15 pgs Exhibit,

Att: 5 24 pgs Exhibit

27 20 pgs respm Response in Opposition to Motion Sun 4:13 PM

RESPONSE in Opposition re22 MOTION for summary judgment with supporting Memorandum of Law filed by
Nausheen Zainulabeddin. (Apps, Stanley)

26 12 pgs misc Statement of undisputed facts Sun 4:11 PM

STATEMENT of undisputed facts re:22 MOTION for summary judgment Statement of DISPUTED MATERIAL
FACTS, precluding entry of summary judgment by Nausheen Zainulabeddin..(Apps, Stanley)

Att: 1 8 pgs Exhibit A,

Att: 2 5 pgs Exhibit B,

Att: 3 9 pgs Exhibit C

Thursday, February 09, 2017

25 2 pgs misc Notice of withdrawal of motion Thu 4:00 PM

NOTICE of withdrawal of motion by Nausheen Zainulabeddin re19 MOTION to Take Deposition from Dr.
Joanne Valeriano-Marcet Subsequent to Close of Discovery, with Incorporated Statement of Good Cause
Wherefore filed by Nausheen Zainulabeddin (Apps, Stanley)

Monday, February 06, 2017

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24 order Order on motion to extend time Mon 9:49 AM

ENDORSED ORDER granting 21 Joint Motion to extend time to conduct mediation. Extension granted through
MARCH 1, 2017. Signed by Judge James S. Moody, Jr. on 2/6/2017. (LN)

Saturday, February 04, 2017

23 2 pgs notice Notice (Other) Sat 5:03 PM

NOTICE by University of South Florida Board of Trustees re22 MOTION for summary judgment (Poole, J.)

Att: 1 120 pgs Exhibit Deposition of Nausheen Zainulabeddin,

Att: 2 115 pgs Exhibit Deposition of Nausheen Zainulabeddin Part 2,

Att: 3 87 pgs Exhibit Deposition of Dr. Deborah Roth and Exhibits Thereto,

Att: 4 87 pgs Exhibit Deposition of Dr. Ambuj Kumar and Exhibits Thereto,

Att: 5 73 pgs Exhibit Deposition of Dr. Saundra Stock,

Att: 6 61 pgs Exhibit Deposition of Dr. Saundra Stock and Exhibits Thereto Part 2

22 25 pgs motion Summary judgment Sat 3:49 PM

MOTION for summary judgment by University of South Florida Board of Trustees. (Poole, J.)

Friday, February 03, 2017

21 3 pgs motion Extend time Fri 8:45 PM

Joint MOTION to extend time to Complete Mediation by University of South Florida Board of Trustees. (Poole,
J.)

Thursday, February 02, 2017

20 2 pgs order Order on Motion to Take Deposition Thu 5:30 PM

ORDER granting 19 Motion to Take Deposition of Dr. Joanne Valeriano-Marcet on February 3, 2017. See Order
for further details. Signed by Magistrate Judge Thomas G. Wilson on 2/2/2017. (DMS)

Wednesday, February 01, 2017

19 6 pgs motion Take Deposition Wed 4:43 PM

MOTION to Take Deposition from Dr. Joanne Valeriano-Marcet Subsequent to Close of Discovery, with
Incorporated Statement of Good Cause Wherefore by Nausheen Zainulabeddin.(Apps, Stanley)

Att: 1 3 pgs Exhibit A

Tuesday, December 13, 2016

18 2 pgs order Order appointing mediator/scheduling mediation Tue 9:39 AM

ORDER appointing Christopher M. Shulman as mediator in this action. Mediation Conference set for
FEBRUARY 10, 2017. Signed by Judge James S. Moody, Jr. on 12/13/2016. (LN)

Friday, December 09, 2016

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17 2 pgs adr Notice of selection of mediator Fri 10:32 PM

NOTICE OF SELECTION of Christopher M. Shulman as mediator by University of South Florida Board of

Trustees. (Poole, J.)

Wednesday, November 30, 2016

16 order Order on Motion for Extension of Time to Complete Discovery Wed 9:53 AM
ENDORSED ORDER granting 15 the Parties' Joint Motion for Extension of Time to Complete Discovery.
Discovery shall be completed by February 1, 2017. Dispositive Motions are now due February 4, 2017. All
other dates in the Case Management Order remain unchanged. Signed by Judge James S. Moody, Jr on
11/30/2016. (RWL)

Tuesday, November 29, 2016

15 4 pgs motion Extension of Time to Complete Discovery Tue 3:53 PM

Joint MOTION for Extension of Time to Complete Discovery by University of South Florida Board of Trustees.
(Poole, J.)

Wednesday, November 09, 2016

14 5 pgs order Order referring case to mediation Wed 1:55 PM

ORDER referring case to mediation and directing selection of a mediator on or before 12/9/2016. Mediation
shall be conducted on or before 3/1/2017. Signed by Judge James S. Moody, Jr on 11/9/2016. (LN)

Friday, September 09, 2016

13 order Order on Motion to Withdraw as Attorney Fri 9:34 AM
ENDORSED ORDER granting 12 Motion to Withdraw as Attorney. Attorney John Sikes Gibbs terminated.
Attorney John F. Dickinson is directed to file a Notice of Appearance in this case. Signed by Judge James S.
Moody, Jr on 9/9/2016. (LN)

Thursday, September 08, 2016

12 3 pgs motion Withdraw as Attorney Thu 3:57 PM

Unopposed MOTION for Gibbs to withdraw as attorney by University of South Florida Board of Trustees.
(Poole, J.)

Wednesday, April 27, 2016

11 32 pgs answer Answer to Complaint Wed 1:48 PM

ANSWER and affirmative defenses to Complaint by University of South Florida Board of Trustees.(Gibbs, John)

Wednesday, April 13, 2016

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10 9 pgs order Order on motion to dismiss Wed 11:18 AM

ORDER: Defendant's Motion to Dismiss and For More Definite Statement 4 is DENIED. Defendant shall file an
answer within fourteen (14) days of the entry of this order. Signed by Judge James S. Moody, Jr. on 4/13/2016.
(LN)

Wednesday, April 06, 2016

9 3 pgs order Case management and scheduling order Wed 10:23 AM

CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/3/2017, Dispositive motions due by
2/1/2017, Pretrial Conference set for TUESDAY, MAY 2, 2017 at 9:15 AM in Tampa Courtroom 17 before Judge
James S. Moody Jr., Jury Trial set for JUNE 2017 trial term in Tampa Courtroom 17 before Judge James S.
Moody Jr. Signed by Judge James S. Moody, Jr. on 4/6/2016. (AR)

Monday, April 04, 2016

8 misc Case Management Report Mon 2:02 PM

CASE MANAGEMENT REPORT. (Gibbs, John)

Wednesday, March 30, 2016

7 notice Notice of pendency of related cases Wed 5:23 PM
NOTICE of pendency of related cases re3 Related case order and track 2 notice per Local Rule 1.04(d) by
Nausheen Zainulabeddin. Related case(s): yes (Apps, Stanley)

6 13 pgs respm Response in Opposition to Motion Wed 4:46 PM

RESPONSE in Opposition re4 MOTION to Dismiss Plaintiff's Complaint and For More Definite Statement and
Supporting Memorandum of Law filed by Nausheen Zainulabeddin.(Apps, Stanley)

Att: 1 6 pgs Exhibit A

Friday, March 25, 2016

5 notice Notice of pendency of related cases Fri 1:15 PM

NOTICE of pendency of related cases per Local Rule 1.04(d) by University of South Florida Board of Trustees.
Related case(s): No (Gibbs, John)

Thursday, March 24, 2016

4 11 pgs motion Dismiss Thu 2:15 PM

MOTION to Dismiss Plaintiff's Complaint and For More Definite Statement and Supporting Memorandum of
Law by University of South Florida Board of Trustees. (Gibbs, John)

Monday, March 21, 2016

3 order Related case order and track 2 notice Mon 4:27 PM
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Issued by Deputy Clerk
on 3/21/2016. (AR)

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9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court

Thursday, March 17, 2016

2 cmp Complaint Fri 12:03 PM
COMPLAINT against University of South Florida Board of Trustees with Jury Demand filed by Nausheen
Zainulabeddin . Originally filed in state court on 1/22/16.(BSN) Modified on 3/18/2016 (BSN)

Att: 1 Exhibit

1 6 pgs notice Notice of Removal Fri 12:01 PM

NOTICE OF REMOVAL from 13th Judicial Circuit in and for Hillsborough County, Florida, case number 16-CA-
000669 filed in State Court on 1/22/16. Filing fee $ 400, receipt number tpa 035597 filed by University of
South Florida Board of Trustees.(BSN)

Att: 1 4 pgs Exhibit,

Att: 2 3 pgs Exhibit,

Att: 3 3 pgs Exhibit,
Att: 4 2 pgs Civil Cover Sheet

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Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM

FORM 1.997. CIVIL COVER SHEET A-1

The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for the use of the Clerk
of the Court for the purpose of reporting judicial workload data pursuant to Florida Statutes section 25.075.

I. CASE STYLE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

Case No.: _________________

Judge: ____________________
Nausheen Zainulabeddin
Plaintiff
vs.
University of South Florida Board of Trustees
Defendant

II. TYPE OF CASE

☐ Other real property actions $0 - $50,000

☐ Condominium ☐ Other real property actions $50,001 - $249,999
☐ Contracts and indebtedness ☐ Other real property actions $250,000 or more
☐ Eminent domain
☐ Auto negligence ☐ Professional malpractice
☐ Negligence – other ☐ Malpractice – business
☐ Business governance ☐ Malpractice – medical
☐ Business torts ☐ Malpractice – other professional
☐ Environmental/Toxic tort ☒ Other
☐ Third party indemnification ☐ Antitrust/Trade Regulation
☐ Construction defect ☐ Business Transaction
☐ Mass tort ☐ Circuit Civil - Not Applicable
☐ Negligent security ☐ Constitutional challenge-statute or
☐ Nursing home negligence ordinance
☐ Premises liability – commercial ☐ Constitutional challenge-proposed
amendment
☐ Premises liability – residential
☐ Corporate Trusts
☐ Products liability
☒ Discrimination-employment or other
☐ Real Property/Mortgage foreclosure
☐ Insurance claims
☐ Commercial foreclosure $0 - $50,000
☐ Intellectual property
☐ Commercial foreclosure $50,001 - $249,999
☐ Libel/Slander
☐ Commercial foreclosure $250,000 or more
☐ Shareholder derivative action
☐ Homestead residential foreclosure $0 – 50,000
☐ Securities litigation
☐ Homestead residential foreclosure $50,001 -
$249,999 ☐ Trade secrets
☐ Homestead residential foreclosure $250,000 or ☐ Trust litigation
more
☐ Non-homestead residential foreclosure $0 -
$50,000
☐ Non-homestead residential foreclosure
$50,001 - $249,999
☐ Non-homestead residential foreclosure
$250,00 or more
 A-2
COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the
Administrative Order. Yes ☐ No ☒

III. REMEDIES SOUGHT (check all that apply):

☒ Monetary;
☒ Non-monetary
☒ Non-monetary declaratory or injunctive relief;
☐ Punitive

IV. NUMBER OF CAUSES OF ACTION: ( )

(Specify)

V. IS THIS CASE A CLASS ACTION LAWSUIT?

☐ Yes
☒ No

VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

☒ No
☐ Yes – If “yes” list all related cases by name, case number and court:

VII. IS JURY TRIAL DEMANDED IN COMPLAINT?

☒ Yes
☐ No

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief.

Signature s/ Stanley R. Apps FL Bar No.: 108868

Attorney or party (Bar number, if attorney)

Stanley R. Apps 01/22/2016

(Type or print name) Date
Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM A-3
IN THE THIRTEENTH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY

Nausheen Zainulabeddin
______________________________ CASE NO.: _______________________

______________________________ DIVISION: ____________

Plaintiff/Petitioner(s)

vs.
University of South Florida Board
______________________________
of Trustees
____________________________________
Defendant/Respondent(s)

REQUEST FOR DIVISION ASSIGNMENT

This is a request based on local Administrative Order(s) for the Clerk of the Court to assign the above styled case in
the:

✔ Tampa Division
East Division

Prior Division (Please indicate Case Number and Division of previously filed action: _______________________ )

I understand that the actual division assignment will be in accordance with the Hillsborough County Administrative
Orders. If there is no supported request for specific division assignment, this action will be assigned a division based
on a random and equitable distribution system.

Stanley R. Apps
Name of Attorney: _________________________________________
1950 Elkhorn Ct., Unit 147
Address: _________________________________________________
San Mateo, CA 94403
_________________________________________________________
(310) 709-3966
Phone Number: ___________________________________________
[email protected]
Email Address(es): ________________________________________
Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM A-4
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

NAUSHEEN ZAINULABEDDIN,

Plaintiff, Case No.:

v. Division No.:

UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES,

Defendant.

COMPLAINT FOR INJUNCTION, DAMAGES AND RESTITUTION

The Plaintiff, Nausheen Zainulabeddin (“Zainulabeddin” or “Ms.

Zainulabeddin”), by and through undersigned counsel, hereby sues Defendant,

the University of South Florida Board of Trustees (“USF” or the “University”)

and alleges the following:

JURISDICTION AND VENUE

1. This is an action for damages, injunctive relief and restitution for breach

of contract, unjust enrichment, breach of fiduciary duty, the tort of

negligent misrepresentation, and discrimination and retaliation on the

basis of disability in violation of Section 504 of the federal Rehabilitation

Act of 1973, codified as amended at 29 U.S.C. § 794 (hereinafter

“Rehabilation Act”).

2. The amount in controversy exceeds the sum of $15,000.00.

! 1!
 A-5
3. This Court has jurisdiction pursuant to Florida Statutes § 26.012(2)(a)

over Plaintiff’s claims for damages and restitution. This Court has

jurisdiction pursuant to Florida Statutes § 26.012(2)(c) over Plaintiff’s

claim for injunctive relief.

4. Venue is proper in this judicial circuit and county pursuant to Florida

Statutes § 47.011, because Defendant’s principal place of operations is

located within Hillsborough County and because the causes of action

complained of herein accrued within Hillsborough County.

Furthermore, venue is proper pursuant to Florida Statutes § 768.28(1)

because Defendant is a state university board of trustees and the

University’s main campus is located in Hillsborough County.

5. Defendant’s sovereign immunity as to Plaintiff’s tort claims is waived

pursuant to Florida Statutes § 768.28(6), because Plaintiff presented her

claim in writing to Defendant and to the Florida Department of

Financial Services on May 12, 2015, and Defendant and the Florida

Department of Financial Services failed to make final disposition of

Plaintiff’s claim within six (6) months of presentation of the claim.

6. A true and complete copy of Zainulabeddin’s letter of claim dated May

12, 2015, demonstrating her full compliance with all requirements of

Florida Statutes § 768.28, is attached hereto as Exhibit A.

! 2!
 A-6
THE PARTIES

7. The Plaintiff, Nausheen Zauinulabeddin (“Zainulabeddin” or “Ms.

Zainulabeddin”), is a medical student who resided in Hillsborough

County, Florida at all times material to this civil action. She currently

resides in Chicago, Illinois, where she is completing medical school at

Atlantic University School of Medicine.

8. Ms. Zainulabeddin has been diagnosed as suffering from Attention

Deficit Hyperactivity Disorder (hereinafter “ADHD”), an intellectual and

behavioral disability that significantly interferes with thinking,

concentration and learning. Zainulabeddin’s disability substantially

limits one or more major life activities.

9. The Defendant, the University of South Florida Board of Trustees

(“USF” or the “University”) is a state agency or subdivision of the State

of Florida, with its principal place of operations at 4202 E. Fowler

Avenue, Tampa, FL 33620.

10. Defendant is a recipient of federal financial assistance, subject to the

requirements of the Rehabilitation Act of 1973, including requirements

set forth at 29 U.S.C. § 794.

! 3!
 A-7
FACTS

11. Ms. Zainulabeddin attended the University of South Florida’s Master’s

Program in Medical Sciences, with a concentration in Anatomy, from

Fall of 2007 through Summer of 2009.

12. While attending the Master’s Program in Medical Sciences,

Zainulabeddin sought assistance from the University’s Counseling

Center for Human Development (“USF Counseling Center” or

“Counseling Center”).

13. Dr. Balsam S. Fanous (“Dr. Fanous” or “Fanous”) of the USF

Counseling Center evaluated Zainulabeddin on July 1, 2008. Based on

her evaluation, Dr. Fanous determined that there was a significant

chance that Zainulabeddin suffered from ADHD and/or Generalized

Anxiety Disorder.

14. Upon information and belief, the evaluation conducted by Dr. Fanous

indicated that the likelihood that Zainulabeddin suffered from ADHD

was less than 50%.

15. Dr. Fanous concluded based on her evaluation that Zainulabeddin might

benefit from use of the stimulant Adderall. As such, she informally

diagnosed Ms. Zainulabeddin as having ADHD or Attention Decifict

Disorder (“ADD”) and related symptoms.

! 4!
 A-8
16. Dr. Fanous did not carry out additional testing that would be required to

support an official diagnosis of ADHD or ADD.

17. Dr. Fanous did prescribe Adderall for Zainulabeddin and she did appear

to benefit from use of this stimulant. Zainulabeddin experienced

improvements in concentration and in academic success while using this

stimulant.

18. Ms. Zainulabeddin was admitted to the University’s Doctor of Medicine

Program, and began her study to be a medical doctor in August 2009.

19. Zainulabeddin continued to experience significant academic difficulties

while attending the Doctor of Medicine Program.

20. On March 1, 2010, Zainulabeddin reached out to Dr. Steven Specter

(“Specter” or “Dr. Specter”), the Associate Dean for Student Affairs of

the University of South Florida College of Medicine. She disclosed to

Dr. Specter that she had been informally diagnosed by the USF

Counseling Center as possibly suffering from ADHD and/or Generalized

Anxiety Disorder.

21. Dr. Specter advised that Zainulabeddin’s academic difficulties could be

the result of anxiety and that she should attempt to obtain a prescription

for anti-anxiety medication.

22. Based on Dr. Specter’s advice, Zainulabeddin met with Dr. Fanous of

the USF Counseling Center on March 2, 2010, at or about 8:00 A.M. At

! 5!
 A-9
this meeting, Zainulabeddin informed Fanous of Dr. Specter’s

recommendation that she should try anti-anxiety medication. Dr. Fanous

then prescribed an anti-anxiety medication, Propranol, to

Zainulabeddin. Dr. Fanous also referred Zainulabeddin to undergo

psychological testing, to determine whether she suffered from any

Specific Learning Disability.

23. Dr. Fanous explained that the informal ADHD screening test conducted

by the USF Counseling Center created a high number of false positives,

and that a complete neuropsychological evaluation was appropriate to

determine whether Zainulabeddin truly suffered from ADHD.

24. Dr. Fanous also stated that a complete neuropsychological evaluation

would provide an appropriate evidentiary basis for Zainulabeddin to seek

reasonable accommodations of disability, if warranted.

25. Ms. Zainulabeddin then met with Dr. Specter again to ask him if she

should take a leave of absence from Medical School, for the purpose of

undergoing a complete neuropsychological evaluation and seeking

reasonable accommodations of disability if warranted.

26. Dr. Specter advised Zainulabeddin not to take a leave of absence. He

said her best course of action was to try her best and finish the year, and

that if she failed the year, the policy of the College of Medicine was to

! 6!
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require failing students to obtain a complete neuropsychological

evaluation the following summer.

27. Dr. Specter erred by advising Zainulabeddin not to seek a leave of

absence for the purpose of obtaining a complete neuropsychological

evaluation, as had been advised by Dr. Fanous.

28. Specifically, the Student Handbook for the University of South Florida

School of Medicine M.D. Program for the 2009 academic year (“2009

Student Handbook”) indicates that “[t]he placement of a student, when

necessary, on a leave of absence for academic reasons, diagnostic

evaluation, medical intervention or personal reasons” is an appropriate

intervention to be carried out by the Vice Dean for Educational Affairs

when a student is experiencing significant academic difficulties. See the

2009 Student Handbook, attached hereto as Exhibit B, at section

D(2)(e)(iii)(c), p. 36.

29. Dr. Specter should have disclosed to Zainulabeddin that a leave of

absence was a possibility in her circumstances and let her know the

appropriate means to seek such a leave of absence, rather than

discouraging this course of action that had been recommended by Dr.

Fanous of the USF Counseling Center.

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30. Zainulabeddin took Specter’s advice and continued in her courses.

Thereafter, she failed the Year 1 Comprehensive Final Exams. As a

result, Zainulabeddin failed the first year of medical school at USF.

31. On June 7, 2010, Zainulabeddin received a communication from the

College of Medicine, attached hereto as Exhibit C, stating that she would

be required to repeat the first year of medical school in its entirety. This

communication also stated that Zainulabeddin would be required to

obtain a “comprehensive assessment of [her] learning style” and would

be placed on academic probation.

32. Had Zainulabeddin taken a leave of absence as recommended by Dr.

Fanous of the USF Counseling Center, she could have made up

academic deficiencies via remediation and could have sought to take the

Year I Comprehesive Final Exams with disability accommodations. This

course of action would have allowed her to avoid having to repeat the

first year of medical school in its entirety and also avoid being placed on

academic probation.

33. As required by the USF College of Medicine, Ms. Zainulabeddin

underwent a comprehensive neuropsychological examination by Dr.

Mike R. Schoenberg, an employee and agent of the University of South

Florida.

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34. USF voluntarily undertook to provide the neuropsychological evaluation

for Ms. Zainulabeddin, as well as requiring her to undergo said

evaluation. Dr. Spector voluntarily undertook to be listed as the party

referring Ms. Zainulabeddin for this examination, with the result that the

results of the comprehensive neuropsychological examination would be

provided to Dr. Spector to review on Ms. Zainulabeddin’s behalf.

35. Dr. Schoenberg conducted the neuropsychological evaluation on August

5, 2010; August 12, 2010; and September 2, 2010.

36. On August 5, 2010, Ms. Zainulabeddin told Dr. Schoenberg that she

needed to apply for accommodations of disability promptly if

accommodations were appropriate. On that date, Dr. Schoenberg told

Zainulabeddin that he considered ADHD to be unlikely in her case

based on the initial testing and that, as far as accommodations of

disability were concerned, “you don’t need anything; you just need

coffee.”

37. On September 2, 2010, Dr. Schoenberg completed his testing of

Zainulabeddin. At that time, Dr. Schoenberg provided initial verbal

results of his full evaluation to Ms. Zainulabeddin.

38. In the September 2, 2010 discussion between Dr. Schoenberg and

Zainulabeddin, he did not discuss with her the possibility that she

suffered from ADHD. Instead, he discussed with her the

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neuropsychological aspects of anxiety and told her that anxiety was the

likely cause of academic difficulties she was experiencing.

39. Dr. Schoenberg advised Zainulabeddin that untreated anxiety was

adversely impacting on her cognitive functioning and school

performance. Dr. Schoenberg encouraged Zainulabeddin to pursue

treatment for anxiety.

40. In October 201o, Ms. Zainulabeddin met with Dr. Specter, to ask him if

he had received the results of her neuropsychological evaluation. Dr.

Specter stated, incorrectly, that he had received the results and that the

results were within normal limits. Dr. Specter told Zainulabeddin at this

meeting that, based on the neuropsychological evaluation by Dr.

Schoenberg, she did not need to be taking medications and did not

require accommodations of disability.

41. In fact, Dr. Schoenberg had not yet completed his report. The report of

the Neuropsychological Evaluation was not completed until December

15, 2010.

42. Because the report of Zainulabeddin’s Neuropsychological Evaluation

was not completed until December 15, 2010, Dr. Specter could not have

reviewed the results prior to that date.

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43. Instead, Dr. Specter had confused Zainulabeddin with another student,

and provided Zainulabeddin with advice and counsel based on the

results of that other student’s Neuropsychological Evaluation.

44. Dr. Specter later admitted to Zainulabeddin, at a meeting on February 8,

2012, that he believed there had been a mix-up and that he had confused

Zainulabeddin with another student and provided Zainulabeddin with

erroneous advice based on results of another student’s

Neuropsychological Evaluation.

45. Dr. Specter has declined to confirm this admission in writing.

46. At that time, Zainulabeddin had ceased to take any medication for her

ADHD and was waiting for the results of the neuropsychological

evaluation by Dr. Schoenberg to determine whether she actually

suffered from ADHD and whether she actually needed to take Adderall

or another stimulant to treat symptoms of ADHD.

47. Based on the advice from Dr. Specter, Zainulabeddin believed that she

did not have ADHD. As a result, she made no effort to obtain a new

prescription for Adderall or to obtain any other medication or other

treatment for ADHD.

48. Ms. Zainulabeddin justifiably relied on Dr. Specter’s summary of the

neuropsychological evaluation, because he was an important authority

figure and she believed he had been provided with the full

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neuropsychological evaluation and had faithfully and diligently

summarized that evaluation to Zainulabeddin and advised her based on

the information contained therein.

49. Ms. Zainulabeddin’s reliance on Dr. Specter’s account of the

neuropsychological evaluation and related advice continued from

October 2010 until at least October 2011.

50. In October 2011, after failing another course, Zainulabeddin consulted

with Dr. Gary Woods (“Woods” or “Dr. Woods”) of the USF Counseling

Center. At this meeting, she told Dr. Woods that a full

neuropsychological test battery had been administered to her the

previous year by Dr. Schoenberg but that she had never received a copy

of the written report.

51. Dr. Woods advised Zainulabeddin that she should attempt to obtain a

copy of the report of Neuropsychological Evaluation.

52. Believing that Dr. Specter possessed a copy, Zainulabeddin made an

appointment with him.

53. At their meeting in October 2011, Dr. Specter again told Zainulabeddin

that her Neuropsychological Evaluation did not raise any concerns.

54. Based on this interaction with Dr. Specter, Zainulabeddin continued to

attempt to complete her medical school work without psychiatric

medication or accommodations of disability, in the mistaken belief that

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she did not suffer from ADHD and that the earlier informal diagnosis by

the USF Counseling Center had resulted from a “false positive.”

55. During the period from October 2011 until at least January 2012, Ms.

Zainulabeddin continued to justifiably rely on Dr. Specter’s

representations regarding the neuropsychological evaluation.

56. After failing another course, Zainulabeddin was dismissed from the USF

College of Medicine on January 5, 2012.

57. After her dismissal, and following an unsuccessful appeal of the

dismissal, Zainulabeddin was advised by Dr. Olga Skalkos of USF to

obtain a copy of the written report of her Neuropsychological Evaluation.

58. Zainulabeddin made a written request to Dr. Specter for a copy of the

report of Neuropsychological Evaluation on February 5, 2012.

59. Zainulabeddin finally obtained a copy of the written report on February

6, 2012, at which time she found that the written report diagnosed her as

suffering from ADHD and recommended that she would qualify for

special education services and reasonable accommodations of disability.

60. Zainulabeddin promptly brought the facts contained in the written

report to Dr. Specter’s attention, on or about February 8, 2012.

61. On February 8, 2012, Dr. Specter verbally apologized to Ms.

Zainulabeddin and made the statement regarding the mix-up whereby he

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had provided Zainulabeddin erroneous advice and counseling based on

the Neuropsychological Evaluation of another student.

62. To correct his mistake, Dr. Specter brought the written report of

Zainulabeddin’s Neuropsychological Evaluation to the attention of the

USF College of Medicine Academic Performance Review Committee

(“APRC”).

63. On February 21, 2012, based on the written report of the

Neuropsychological Evaluation, the APRC reversed its earlier decision to

dismiss Zainulabeddin from the College of Medicine.

64. The APRC’s February 21, 2012 letter of decision reinstated Ms.

Zainulabeddin to the University’s Doctor of Medicine program but

required her to remain on academic probation. The APRC justified its

decision based on “new information made available to the Committee

which was not available to them at the previous meeting.” See February

21, 2012 Readmission Decision of the Academic Performance Review

Committee, attached hereto as Exhibit D.

65. Upon information and belief, the “new information” referred to in the

February 21, 2012 readmission decision was the written report of

Zainulabeddin’s Neuropsychological Evaluation conducted in August

and September of 2010. Upon information and belief, this report of

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Neuropsychological Evaluation was provided to the APRC for the first

time on February 16, 2012, by Dr. Specter.

66. As of February 21, 2012, Zainulabeddin had attended the USF Doctor of

Medicine Program for three years but had only successfully completed

one year of the Doctor of Medicine program.

67. As of February 21, 2012, Zainulabeddin had paid over $90,000 in tuition

and fees to the University of South Florida, to pay for six semesters of

enrollment in the USF Doctor of Medicine program.

68. At the time of her admission to the USF Doctor of Medicine program,

Zainulabeddin entered into a contractual relationship with the

University of South Florida. This contractual relationship is the same

contractual relationship entered into between the University and every

student admitted to the USF Doctor of Medicine program.

69. Some terms of the contractual relationship between Zainulabeddin and

the University are contained within the Student Handbook for the

University of South Florida School of Medicine M.D. Program, the 2009

version of which is attached hereto as Exhibit B.

70. Specifically, contract terms related to tuition payment and

reimbursement are contained in the Student Handbook.

71. Within the section of the Student Handbook pertaining to tuition

refunds, the following contract language appears:

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A student may be granted a refund of 100% tuition paid if he or
she withdraws due to circumstances determined by the college to
be exceptional and beyond the control of the student. These
circumstances include:

1. Illness of the student of such severity or duration, as confirmed

in writing by a physician, to preclude completion of the courses
2. Death of the student or death in the immediate family (parent,
spouse, child or sibling)
3. Involuntary call to active military duty
4. A situation in which the university is in error as confirmed in
writing by an appropriate university official, or
5. Other documented exceptional circumstances beyond the
control of the student which preclude completion of the
courses, accompanied by letter of explanation and appropriate
documentation.

See Ex. B at section F(11)(A), p. 56.

72. Zainulabeddin was required to withdraw due to exceptional

circumstances beyond her control. Furthermore, these circumstances

constitute a situation in which “the university is in error” as confirmed

by the extraordinary decision to readmit Zainulabeddin after two

previous rejections of her petition for readmission, as well as by Dr.

Specter’s verbal apology to Ms. Zainulabeddin.

73. As such, the contract between USF and Zainulabeddin required

reimbursement of up to 100% of the tuition she had paid, for those

academic years in which her failure was directly caused by the error of

the University, committed by the University’s agent and employee, Dr.

Specter, when he erroneously advised her that she did not suffer from

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ADHD, should not seek accommodations of disability, and should not

take medication to alleviate the effects of her disability of ADHD.

74. The academic years in which Zainulabeddin’s failure was directly caused

by the error of the University are the 2009-2010 academic year and the

2011-2012 academic year. As such Zainulabeddin should have been

reimbursed approximately $60,000 in tuition she had paid.

75. Zainulabeddin did receive a refund on or about March 21, 2012, for

29.03% of the tuition she had paid for the 2011-2012 academic year.

76. Zainulabeddin requested a refund of the remaining 70.03% of tuition she

had paid for the 2011-2012 academic year, in February 2012. The

University did not respond to this request.

77. On or about July 8, 2013, Zainulabeddin made a second request to USF

for a refund of the remaining 70.03% of tuition she had paid for the 2011-

2012 academic year. This request was denied by the USF Registrar on or

about July 30, 2013. See Exhibit E (Notice of Denial of Tuition

Reimbursement Request).

78. On the same date, the USF Registrar emailed Dr. Steven Specter to

verify that Zainulabeddin’s request for a full refund should be denied.

Dr. Specter wrote back that same day to confirm that Zainulabeddin’s

request for a full refund for the 2011-2012 academic year should be

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denied, based on his view that Zainulabeddin did in fact “complete 100%

of the year.” See Exhibit E at 2.

79. Specter’s view that Zainulabeddin did complete the 2011-2012 academic

year was apparently based on the fact that she successfully completed

her second year of medical school the following year, in the 2012-2013

academic year. However, this view fails to account for the fact that

Zainulabeddin was required to pay over $30,000 of additional tuition in

the 2012-2013 academic year, in order to repeat the second year courses.

80. Zainulabeddin’s tuition payments for the 2012-2013 academic year were

above and beyond the amount of $22,199.72 that she had paid for the

2011-2012 academic year.

81. In accordance with the terms of the February 2012 readmission decision

(Exhibit D), Zainulabeddin re-enrolled in the Doctor of Medicine

program to repeat Year Two of the program in its entirety, beginning on

July 23, 2012.

82. Prior to re-enrollment, Zainulabeddin requested accommodations of her

diasbility. She was granted classroom accommodations and testing

accommodations by the USF Students with Disabilities Services

(“Disabilities Services”) on March 23, 2012. See Memorandum of

Accommodations, attached hereto as Exhibit F.

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83. Following her re-enrollment in the Doctor of Medicine program,

Zainulabeddin was repeatedly singled out and subjected to disparate

treatment and retaliation on the basis of her disability.

84. Some of the disparate treatment and retaliation was allegedly based on

Zainulabeddin’s status as a student on academic probation.

85. In fact, the placement of Zainulabeddin on academic probation was itself

retaliatory, in that Zainulabeddin was placed on academic probation due

to academic deficiencies directly caused by her disability and by the

errors of the University.

86. Furthermore, Zainulabeddin’s prior academic deficiencies directly

caused by disability constitute a record of disability, such that the

placement on academic probation constituted disparate treatment and/or

retaliation based on Zainulabeddin’s past record of disability.

87. Other retaliation against Zainulabeddin and/or disparate treatment of

Zainulabeddin followed, based on her academic probation status and/or

on her status as a repeating student.

88. The discriminatory treatment Zainulabeddin was subjected to as a

repeating student and/or a student on academic probation prevented her

from being able to complete the Doctor of Medicine program

successfully, and had the effect of denying Zainulabeddin the benefits of

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participation in the Doctor of Medicine program, on the basis of

Zainulabeddin’s disability of ADHD.

89. USF allowed Zainulabeddin to be subjected to discrimination based on

her academic probation status and/or repeating student status, even

though USF knew or should have known that Zainulabeddin’s academic

probation status and repeating student status were directly caused by

Zainulabeddin’s disability of ADHD and by USF’s breaches of fiduciary

duties owed to Zainulabeddin. In effect, USF mishandled issues arising

from Zainulabeddin’s disability, causing her to fail the 2010-2011

academic year, and then punished Zainulabeddin by allowing

discrimination against her on the grounds that she was a repeating

student on academic probation.

90. Zainulabeddin was subjected to discrimination by Dr. Michelle Estevez

(“Estevez”) of USF, the Preceptor and instructor of record of her

Doctoring II course, based on Zainulabeddin’s status as a repeating

student. Estevez held Zainulabeddin to higher standards than other

students and therefore found her to be “Below Expectations” in

Doctoring II, based on Estevez’s view that Zainulabeddin’s passing test

scores were not sufficiently high for a repeating student.

91. Specifically, on November 29, 2012, Estevez demanded that

Zainulabeddin tell her the score she had earned on her most recent

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exam. When Zainulabeddin responded that she had earned a score of

74.5% on an exam in another course, Estevez stated that a repeating

student could not succeed with Cs on their exams. Estevez made this

statement even though the Doctoring II course was graded on a Pass/Fail

basis.

92. Estevez assigned Zainulabeddin a failing score in Doctoring II based on

Estevez’s subjective belief that Zainulabeddin did not live up to the

higher standards appropriate for a repeating student.

93. Notably, the overall grade for Doctoring II was based on nine (9) distinct

assessments. Zainulabeddin passed seven (7) of these assessments and

failed only two, both of which consisted of subjective evaluations of

Zainulabeddin’s clinical skills by Dr. Estevez. Zainulabeddin passed

every examination that was not conducted by Estevez.

94. Notably, Zainulabeddin had received passing evaluations of her clinical

skills in the same course the previous year. Furthermore, evaluations of

Zainulabeddin’s clinical skills by other USF Professors and Teaching

Assistants were uniformly positive, in stark contrast to Estevez’s

evaluations. Indeed, less than a month after Dr. Estevez failed her in

Doctoring II, Zainulabeddin received a passing score in an evaluation of

her clinical skills by USF Professor Joanne Valeriano (“Valeriano”), as

part of her successful remediation of the same course.

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95. Because only Estevez perceived Zainulabeddin’s clinical skills as

deficient, the trier of fact may reasonably infer that Estevez’s evaluations

of Zainulabeddin were colored by discriminatory animus.

96. Zainulabeddin was also subjected to discrimination based on academic

probation status when she was denied the same opportunities as other

students to take the final examination in the Evidence Based Medicine

portion of her Evidence Based Clinical Reasoning II course.

Zainulabeddin was then subjected to a curve as to that examination that

caused her to fail.

97. Specifically, other students in Evidence Based Clinical Reasoning II

were found to have engaged in academic misconduct (prohibited

collaboration) on that examination, causing those other students to have

inflated scores. See Exhibit G (email from Dr. Frasier Stevenson, with

subject line “Professionalism,” dated February 13, 2013).

98. Though the students who collaborated were reprimanded in mild terms

by Dr. Stevenson, the scores were not corrected and the inflated scores

of students who engaged in collaboration caused a highly significant

redistribution of statistical values on the curve.

99. Zainulabeddin was required to take the examination in a more restrictive

environment, allegedly due to her academic probation status, and

therefore did not have the same opportunities to collaborate as other

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students. Because the University tolerated collaboration by other

students on that examination, and allowed statistical values on the curve

to be affected by the tolerated collaboration, Zainulabeddin was

subjected to disparate treatment as to the examination and the grading

methodology.

100. The disparate treatment on this examination was directly caused by the

University’s treatment of Zainulabeddin’s disability and/or of her past

record of disability.

101. Zainulabeddin obtained passing grades on all other assessments in her

Evidence Based Clinical Reasoning II course. As such, she should have

received a passing grade in this course because she had a passing grade

overall, based on the weighted average of all assessments in the course.

102. For students other than Zainulabeddin, final grades in Evidence Based

Clinical Reasoning II were determined by the two Course Directors, Dr.

Ambuj Kumar (“Dr. Kumar”) and Dr. Deborah Roth. However,

Zainulabeddin was told on March 13, 2013 by Dr. Kumar that

Zainulabeddin’s final grade in Evidence Based Clinical Reasoning II

would be assigned by USF Professor Frasier Stevenson (“Dr.

Stevenson”).

103. No explanation was provided as to why Dr. Stevenson would determine

Zainulabddin’s final grade in Evidence Based Clinical Reasoning II.

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104. Notably, Zainulabeddin had contacted Dr. Stevenson earlier that

month, regarding her ongoing efforts to obtain accommodations of

disability on the National Board of Medical Examiners’ Comprehensive

Basic Science Exam (“CBSE”).

105. On March 12, 2013, Dr. Stevenson replied with an email in which he told

Zainulabeddin that she should not seek accommodations of her

disability on the CBSE, as this would not be in her best interest.

106. Ms. Zainulabeddin promptly responding by reaffirming that, despite

Stevenson’s statement, she did intend to seek testing accommodations

of her disability on the CBSE, as is her right under federal law.

107. On or about March 13, 2013, Zainulabeddin learned that she had been

assigned failing grades in two of her courses, Doctoring II and Evidence

Based Clinical Reasoning II.

108. Zainulabeddin questioned these grades, because she believed she

should have received passing grades in both courses. She believed she

was given failing grades due to discrimination by Dr. Estevez (as to the

Doctoring II course) and due to unfair and discriminatory testing

conditions and/or the intervention of Dr. Stevenson (as to the Evidence

Based Clinical Reasoning II course).

109. In fact, the failing grades assigned to Zainulabeddin were unjustified

and resulted from discrimination on the basis of her disability and/or

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her record of disability, on the part of Dr. Estevez, Dr. Stevenson

and/or other Dr. Specter.

110. Based on her alleged academic deficiencies in these two courses,

Zainulabeddin was required to undergo remediation of both courses. In

fact, she should not have been required to undergo remediation for

either course.

111. The following day, on March 14, 2014, the Medical School’s Academic

Performance Review Committee (“APRC”) met to consider

Zainulabeddin’s progress in the Doctor of Medicine program.

112. During the meeting on March 14, 2014, the APRC made a preliminary

decision to dismiss Zainulabeddin from the Doctor of Medicine

program, allegedly based on academic deficiencies.

113. Zainulabeddin was subject to dismissal on March 14, 2013 only because

of her status as a student on academic probation. Under the policy of

the Doctor of Medicine program, students on academic probation are

subject to dismissal at any time based on any academic deficiency,

whereas other students are only subject to dismissal after failure for the

semester or academic year.

114. Had Zainulabeddin not been on academic probation, she would have

been entitled to attempt to correct the alleged academic deficiencies

through remediation and thereby to earn passing grades in the 2012-2013

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academic year. She was denied this opportunity based on the APRC’s

sudden decision to dismiss her only one day after she was assigned the

unjustified failing grades.

115. Since Zainulabeddin was placed on academic probation on the basis of

her disability and/or past record of disability, and because the APRC’s

decision to dismiss her was only authorized based on her academic

probation status, it follows that the APRC’s dismissal decision on March

14, 2013 constitutes disparate treatment and/or retaliation based on her

disability of ADHD.

116. Zainulabeddin appealed the March 14, 2013 dismissal decision while

simultaneously working to complete remediation of her alleged

academic deficiencies. Zainulabeddin was allowed to continue

remediation of the two courses while her appeal was considered.

117. By May 1, 2015, Zainulabeddin successfully completed remediation with

a passing grade in both Doctoring II and Evidence Based Clinical

Reasoning II, thereby completing the second year of the Doctor of

Medicine program.

118. Had Zainulabeddin been treated in the same manner as other students

who are not disabled and/or do not have a past record of disability, she

would have been allowed to continue to the third year of the USF

Doctor of Medicine program.

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119. Instead, USF issued a final dismissal of Zainulabeddin from the Doctor

of Medicine program on May 28, 2013.

120. As a result of this final dismissal, USF issued Zainulabeddin grades of

“U” for Unsatisfactory in both Doctoring II and Evidence Based Clinical

Reasoning II.

121. Had Zainulabeddin been treated in the same manner as other students

who are not disabled and/or do not have a past record of disability, she

would not have been issued grades of “U” for those two courses.

Instead, she would have received the grade of “S” for Satisfactory based

on the quality of her work. Alternatively, she would have been issued

the temporary grade of “T” for Temporary, while she underwent

remediation. In that case, upon successful completion of remediation,

the “T” grade in each course would have been converted to “S”.

122. Ms. Zainulabeddin’s appeals of her dismissal and petitions for

readmission have been rejected by the University.

123. She was continued her medical education at Atlantic University School

of Medicine. Notably, Zainulabeddin began her study at Atlantic

University School of Medicine as a rising third year student, based on

her successful completion of her second year of the USF Doctor of

Medicine program.

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124. In essence, USF dismissed Zainulabeddin from the medical school and

issued her “U” grades in two courses on her transcript, even though she

successfully completed remediation and thereby successfully completed

her second year of the USF Doctor of Medicine program.

125. USF’s dismissal of Zainulabeddin, in spite of her eventual success as a

second year student, was allegedly based on her academic probation

status. However, the real basis for Zainulabeddin’s dismissal was

disability discrimination and/or retaliation on the basis of disability.

COUNT I: BREACH OF FIDUCIARY DUTIES

126. Paragraphs one (1) through one-hundred twenty-five (125) of this

Complaint are hereby realleged as if fully set forth herein.

127. Dr. Steven Specter, within the scope of his employment as Associate

Dean for Student Affairs of the University of South Florida College of

Medicine, undertook a fiduciary duty to Ms. Zainulabeddin in February

and March 0f 2010 when he advised her not to seek a leave of absence

from medical school at that time, not to obtain a comprehensive

neuropsychological examination at that time, and not to seek

accommodations of disability at that time. He advised her it would be

better to do her best to complete the first year of medical school and to

obtain a neuropsychological examination only if required to do so by

the University as a result of failing the academic year.

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128. Ms. Zainulabeddin placed her trust and confidence in Dr. Specter and

relied on his advice. Thereafter, she failed her first year of medical

school and was required by the University to obtain a complete

neurological examination.

129. USF voluntarily undertook to provide the neurological examination for

Zainulabeddin.

130. Acting for USF, Dr. Specter continued to act as a fiduciary by referring

Zainulabeddin to Dr. Schoenberg, another USF employee, for the

comprehensive neurological examination, and by arranging to receive a

copy of the results to review on Zainulabeddin’s behalf.

131. Dr. Specter breached the fiduciary duty he had undertaken as to Ms.

Zainulabeddin in October 2010, when he provided her with erroneous

information, advice and counsel in regards to the comprehensive

neuropsychological evaluation he had arranged on her behalf.

132. Dr. Specter breached his fiduciary duty to Zainulabeddin in October

2010 through the following incorrect statements:

a. that he had reviewed the results of her complete

neuropsychological examination, which was untrue;

b. that the results of her examination were within normal limits,

which was untrue;

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c. that Zainulabeddin did not suffer from the disability of ADHD

and should not take medication to alleviate the effects of

ADHD, both of which were untrue; and

d. that she did not require and should not seek accommodations

of disability, both of which were untrue.

133. Dr. Specter’s breach of fiduciary duties he had undertaken toward

Zainulabeddin was the direct cause of significant financial and

emotional harm to Zainulabeddin, including loss of future income, loss

of earning potential, accrued interest on student loans, loss of value of

educational services rendered, anxiety, depression, and other emotional

injuries.

134. Zainulabeddin’s injuries would not have occurred if not for Dr.

Specter’s undertaking to provide her with advice and counsel and her

reliance thereon.

135. Dr. Specter undertook fiduciary duties to Zainulabeddin acting within

the scope of his employment by the University of South Florida.

136. Furthermore, the University of South Florida voluntarily undertook to

provide the complete neurological evaluation, and Dr. Specter

voluntarily undertook to receive the results of that evaluation and

review them for Zainulabeddin, within the scope of his employment as a

management level employee by USF.

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137. At all times when Dr. Specter undertook to act as a fiduciary of

Zainulabeddin, and when he breached the duties of that fiduciary

relationship undertaken by him, he did so as employee and agent of the

Board of Trustees of the University of South Florida. As such, the

Board of Trustees of the University of South Florida are accountable at

law and in equity to Ms. Zainulabeddin for the breaches of fiduciary

duty by their agent and employee, Dr. Specter.

138. Ms. Zainulabeddin could not have known of the breach of fiduciary

duties prior to February 6, 2012, when she obtained a copy of the

written report of the complete neuropsychological evaluation arranged

by Dr. Specter.

139. Prior to February 6, 2012, Dr. Specter repeatedly acted so as to dissuade

Zainulabeddin from seeking to obtain a copy of the written report of her

complete neuropsychological evaluation, by providing her with

erroneous assurances regarding the contents of said report and by

repeatedly telling her she did not need to worry about the contents of

said report.

140. One occasion on which Specter acted to dissuade Zainulabeddin for

seeking a copy of the report was at their meeting in October 2011, when

Specter again assured her that her Neuropsychological Evaluation did

not raise any concerns.

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WHEREFORE, Plaintiff Nausheen Zainulabeddin requests that

judgment be entered in her favor against Defendant, the Board of Trustees of

the University of South Florida, and prays for the following relief:

a. Compensatory damages for the financial harm suffered by

Plaintiff as a result of the breaches of fiduciary duties,

including loss of earning potential, loss of future income, loss

of value of educational services rendered, and accrued interest

on student loans entered into for the purpose of purchasing

said educational services;

b. Compensatory damages for the emotional injuries suffered by

Plaintiff as a result of the breaches of fiduciary duties;

c. Prejudgment and postjudgment interest as authorized by law;

and

d. Such other legal and equitable relief as this Court considers

appropriate and just.

COUNT II: NEGLIGENT MISREPRESENTATION

141. Paragraphs one (1) through one-hundred twenty-five (125) of this

Complaint are hereby realleged as if fully set forth herein.

142. Dr. Steven Specter, within the scope of his employment as Associate

Dean for Student Affairs of the University of South Florida College of

Medicine, negligently misrepresented material facts to Ms.

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Zainulabeddin regarding her comprehensive neurological examination,

in October 2010.

143. Specter had a particular duty to provide Zainulabeddin with accurate

information regarding the results of the neurological evaluation,

because USF voluntarily undertook to provide the comprehensive

neurological evaluation for Zainulabeddin, and Dr. Specter voluntarily

undertook to receive the results of that evaluation and review them for

Zainulabeddin, within the scope of his employment as a management

level employee by USF.

144.The false statements made by Specter regarding the comprehensive

neurological examination include:

a. that he had reviewed the results of her complete

neuropsychological examination, which was untrue;

b. that the results of her examination were within normal limits,

which was untrue;

c. that Zainulabeddin did not suffer from the disability of ADHD

and should not take medication to alleviate the effects of

ADHD, both of which were untrue; and

d. that she did not require and should not seek accommodations

of disability, both of which were untrue.

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145. Specter was negligent in making these false statements, because he

should have known they were false.

146. Specter intended that Zainulabeddin would rely on these statements,

which he provided to her as part of his advice and counsel regarding

academic success in the USF Doctor of Medicine program.

147. Ms. Zainulabeddin justifiably relied on Specter’s false statements, based

on her trust in him and based on his position of authority as Associate

Dean for Student Affairs.

148. Zainulabeddin suffered significant financial and emotional harm as a

direct result of her reliance on Dr. Specter’s false statements. The harm

caused includes loss of future income, loss of earning potential, loss of

value of educational services rendered, anxiety, depression, and other

emotional injuries.

149. Zainulabeddin’s injuries would not have occurred if not for Dr.

Specter’s negligent misrepresentation of material facts concerning her

Neuropsychological Evaluation, and her justifiable reliance thereon.

150. Dr. Specter negligently misrepresented said material facts to

Zainulabeddin acting within the scope of his employment by the

University of South Florida. Moreover, Dr. Specter arranged for

Zainulabeddin’s comprehensive neurological evaluation, and negligently

misrepresented the results thereof, within the scope of his employment.

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151. Because the University required Ms. Zainulabeddin to obtain the

comprehensive neurological evaluation, and because it was performed

by an agent and employee of the University under the auspices of the

University, Zainulabeddin was justified in relying on Dr. Specter’s

statements as Associate Dean of Student Affairs regarding the contents

of the written report of said evaluation.

152. Zainulabeddin was further justified in relying on Dr. Specter’s

statements regarding the conclusions that should be drawn from the

neuropsychological evaluation, because Specter voluntarily undertook

to receive the results and review them for Zainulabeddin.

153. Ms. Zainulabeddin was also justified in relying on Specter’s advice and

counsel purportedly based on the contents of said written report.

154. In these circumstances, the Board of Trustees of the University of South

Florida are accountable at law and in equity to Ms. Zainulabeddin for

the negligent misrepresentations by their agent and employee, Dr.

Specter.

155. Ms. Zainulabeddin could not have known of the negligent

misrepresentations prior to February 6, 2012, when she obtained a copy

of the written report of the complete neurological evaluation arranged by

Dr. Specter.

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156. Prior to February 6, 2012, Dr. Specter repeatedly acted so as to dissuade

Zainulabeddin from seeking to obtain a copy of the written report of her

complete neuropsychological evaluation, by reiterating the negligent

misrepresentations regarding the contents of said report and repeatedly

telling her she did not need to worry about the contents.

157. One occasion on which Specter acted to dissuade Zainulabeddin for

seeking a copy of the report was at their meeting in October 2011, when

Specter repeated the false statement that her Neuropsychological

Evaluation did not raise any concerns.

WHEREFORE, Plaintiff Nausheen Zainulabeddin requests that

judgment be entered in her favor against Defendant, the Board of Trustees of

the University of South Florida, and prays for the following relief:

a. Compensatory damages for the financial harm suffered by

Plaintiff as a result of the negligent misrepresentations,

including loss of earning potential, loss of future income, loss

of value of educational services rendered, and accrued interest

on student loans entered into for the purpose of purchasing

said educational services;

b. Compensatory damages for the emotional injuries suffered by

Plaintiff as a result of the negligent misrepresentations;

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c. Prejudgment and postjudgment interest as authorized by law;

and

d. Such other legal and equitable relief as this Court considers

appropriate and just.

COUNT III: BREACH OF CONTRACT

158. Paragraphs one (1) through one-hundred twenty-five (125) of this

Complaint are hereby realleged as if fully set forth herein.

159. At the time of her admission to the USF Doctor of Medicine program,

Zainulabeddin entered into a contractual relationship with the

University of South Florida. This contractual relationship is the same

contractual relationship entered into between the University and every

student admitted to the USF Doctor of Medicine program.

160. Some terms of the contractual relationship between Zainulabeddin and

the University are contained within the University of South Florida

College of Medicine Medical Student Handbook (“Student Handbook”),

the 2009 version of which is attached hereto as Exhibit B.

161. Specifically, contract terms related to tuition payment and

reimbursement are contained in the Student Handbook.

162. Within the section of the Student Handbook pertaining to tuition

refunds, the following contract language appears:

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A student may be granted a refund of 100% tuition paid if he or
she withdraws due to circumstances determined by the college to
be exceptional and beyond the control of the student. These
circumstances include:

1. Illness of the student of such severity or duration, as confirmed

in writing by a physician, to preclude completion of the courses
2. Death of the student or death in the immediate family (parent,
spouse, child or sibling)
3. Involuntary call to active military duty
4. A situation in which the university is in error as confirmed in
writing by an appropriate university official, or
5. Other documented exceptional circumstances beyond the
control of the student which preclude completion of the
courses, accompanied by letter of explanation and appropriate
documentation.

163. As set forth herein, Zainulabeddin was required by the University to

withdraw from classes in January 2012, due to exceptional circumstances

beyond her control. Furthermore, these circumstances constituted a

circumstance in which “the university is in error,” by and through the

errors of the University’s agent and employee, Dr. Specter, who

erroneously advised Zainulabeddin that she did not suffer from ADHD,

should not seek accommodations of disability, and should not take

medication to alleviate the effects of her disability of ADHD.

164. These errors are confirmed by the extraordinary decision to readmit

Zainulabeddin after two previous rejections of her petition for

readmission. While the decision to readmit Zainulabeddin states the

basis as being “new facts,” the reality is that the basis of this decision

was the series of errors by Specter.

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165. Based on the totality of the circumstances, the decision to readmit

Zainulabeddin constitutes confirmation in writing of the University’s

earlier errors in regards to Ms. Zainulabeddin.

166. As such, the contract between USF and Zainulabeddin required

reimbursement of up to 100% of the tuition she had paid, for academic

years in which her failure was directly caused by the error of the

University.

167. The academic years in which Zainulabeddin’s failure was directly

caused by the error of the University are the 2009-2010 academic year

and the 2011-2012 academic year. As such Zainulabeddin should have

been reimbursed approximately $60,000 in tuition she had paid.

168. In regards to the 2009-2010 academic year, Dr. Specter, acting within

the scope of his employment as Vice Dean for Educational Affairs,

erred by advising Zainulabeddin not to seek a leave of absence for the

purpose of obtaining a complete neuropsychological evaluation, as had

been advised by Dr. Fanous.

169. Dr. Specter should have disclosed to Zainulabeddin that a leave of

absence was a possibility in her circumstances and let her know the

appropriate means to seek such a leave of absence, rather than

discouraging this course of action that had been recommended by Dr.

Fanous of the USF Counseling Center.

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170. On or about March 21, 2012, Zainulabeddin was refunded 29.03% of the

tuition she had paid for the 2011-2012 academic year.

171. USF breached its contract with Zainulabeddin on or about March 21,

2012, by failing to refund her 100% of tuition paid in those academic

years when her academic failure was directly caused by the University’s

error.

172. Zainulabeddin twice requested a refund of the remaining 70.03% of

tuition she had paid for the 2011-2012 academic year. She made her first

refund request in February 2012 but received no response. She made

her second refund request on or about July 8, 2013.

173. USF breached its contract with Zainulabeddin on or about July 30,

2013, by denying her second reimbursement request.

WHEREFORE, Plaintiff Nausheen Zainulabeddin requests that

judgment be entered in her favor against Defendant, the Board of Trustees of

the University of South Florida, and prays for the following relief:

a. Contract damages in the amount of 100% of the tuition paid by

her for the 2009-2010 academic year and 70.03% of the tuition

paid by her for the 2011-12 academic year;

b. Compensatory damages for all subsequent accrued interest on

amounts that the University wrongfully refused to refund to

Zainulabeddin, running from the date of the wrongful refusal to

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provide refund until the date of trial and/or judgment in this

matter; and

c. Prejudgment and postjudgment interest as authorized by law.

COUNT IV: UNJUST ENRICHMENT

174. Paragraphs one (1) through sixty-seven (67), seventy-two (72), and

seventy-four (74) through one-hundred twenty-five (125) of this

Complaint are hereby realleged as if fully set forth herein.

175. This count is pled in the alternative to Count III above.

176. Zainulabeddin conferred a benefit upon the University of South Florida

by paying tuition for the USF Doctor of Medicine program.

177. USF accepted and retained the benefit provided by Zainulabeddin, by

declining to refund her the tuition paid for the 2009-2010 and 2011-2012

academic years.

178. Policies pertaining to the relationship between Zainulabeddin and the

University are contained within the University of South Florida College

of Medicine Medical Student Handbook (“Student Handbook”), the

2009 version of which is attached hereto as Exhibit B.

179. Specifically, policies related to tuition payment and reimbursement are

contained in the Student Handbook.

180. Within the section of the Student Handbook pertaining to tuition

refunds, the following language appears:

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A student may be granted a refund of 100% tuition paid if he or
she withdraws due to circumstances determined by the college to
be exceptional and beyond the control of the student. These
circumstances include:

1. Illness of the student of such severity or duration, as confirmed

in writing by a physician, to preclude completion of the courses
2. Death of the student or death in the immediate family (parent,
spouse, child or sibling)
3. Involuntary call to active military duty
4. A situation in which the university is in error as confirmed in
writing by an appropriate university official, or
5. Other documented exceptional circumstances beyond the
control of the student which preclude completion of the
courses, accompanied by letter of explanation and appropriate
documentation.

181. As set forth herein, Zainulabeddin was required by the University to

withdraw from classes in January 2012, due to exceptional circumstances

beyond her control. Furthermore, these circumstances constituted a

circumstance in which “the university is in error,” by and through the

errors of the University’s agent and employee, Dr. Specter, who

erroneously advised Zainulabeddin that she did not suffer from ADHD,

should not seek accommodations of disability, and should not take

medication to alleviate the effects of her disability of ADHD.

182. While the decision to readmit Zainulabeddin states the basis as being

“new facts,” the reality is that the basis of this decision was the series of

errors by Specter.

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183. In these circumstances, it is inequitable for USF to retain the benefit

conferred by Zainulabeddin, without paying her the value of that

benefit.

184. The academic years in which Zainulabeddin’s failure was directly

caused by the error of the University are the 2009-2010 academic year

and the 2011-2012 academic year. As such, based on the Student

Handbook policies, Zainulabeddin should have been reimbursed

approximately $60,000 in tuition she had paid.

185. In regards to the 2009-2010 academic year, Dr. Specter, acting within

the scope of his employment as Vice Dean for Educational Affairs,

erred by advising Zainulabeddin not to seek a leave of absence for the

purpose of obtaining a complete neuropsychological evaluation, as had

been advised by Dr. Fanous.

186. Dr. Specter should have disclosed to Zainulabeddin that a leave of

absence was a possibility in her circumstances and let her know the

appropriate means to seek such a leave of absence, rather than

discouraging this course of action that had been recommended by Dr.

Fanous of the USF Counseling Center.

187. On or about March 21, 2012, Zainulabeddin was refunded 29.03% of the

tuition she had paid for the 2011-2012 academic year.

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188. USF was unjustly enriched on or about March 21, 2012, by failing to

refund 100% of tuition paid by Zainulabeddin in those academic years

when her academic failure was directly caused by the University’s error.

189. Zainulabeddin twice requested a refund of the remaining 70.03% of

tuition she had paid for the 2011-2012 academic year. She made her first

refund request in February 2012 but received no response. She made

her second refund request on or about July 8, 2013..

190. USF was unjustly enriched on or about July 30, 2013, by denying Ms.

Zainulabeddin’s second reimbursement request.

191. There is no adequate remedy at law for this unjust enrichment, to the

extent that the Student Handbook policies concerning tuition

reimbursement are not enforceable at law.

WHEREFORE, Plaintiff Nausheen Zainulabeddin requests that

judgment be entered in her favor against Defendant, the Board of Trustees of

the University of South Florida, and prays for the following relief:

a. Restitution to Zainulabeddin of the amount by which

Defendant was unjustly enriched, which is 100% of the tuition

money paid by her for the 2009-2010 academic year and 70.03%

of the tuition money paid by her for the 2011-12 academic year;

b. Restitution to Zainulabeddin of the time value of the amount by

which the University was unjustly enriched, which is the

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amount of interest income that the University obtained or

reasonably could have obtained on said amount, from the date

of the wrongful refusal to provide refund until the date of trial

and/or judgment in this matter;

c. Prejudgment and postjudgment interest; and

d. Such other equitable relief as this Court considers appropriate

and just.

COUNT V: DISABILITY DISCRIMINATION

192. Paragraphs one (1) through one-hundred twenty-five (125) of this

Complaint are hereby realleged as if fully set forth herein.

193. Ms. Zainulabeddin was subjected to disparate treatment on the basis of

her disability by the University, in the following manners:

a. she was placed on academic probation status based on her

disability and/or based on her past record of disability and/or

based on academic deficiencies directly caused by her

disability;

b. she was subjected to discrimination by Dr. Estevez, allegedly

based on her status as a repeating student;

c. she was subject to dismissal at any time for any academic

deficiency, based on her academic probation status, thereby

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denying her the same opportunities afforded to students who

were not disabled, including the opportunity to correct alleged

deficiencies and move forward in the Doctor of Medicine

program after successfully completing remediation;

d. she was subjected to disparate treatment as to the testing

conditions and grading methodology of the final exam in the

Evidence Based Medicine portion of her Evidence Based

Clinical Reasoning II course, allegedly based on her academic

probation status, with the result that she failed this exam;

e. she was issued failing grades of “U” for “Unsatisfactory in two

courses on or about March 13, 2013, whereas her performance

merited grades of “S” for Satisfactory in both courses;

f. she was denied the opportunity to be issued grades of “T” for

Temporary while undergoing remediation for the two courses

she allegedly failed, an opportunity that was available to

students who were not disabled and/or who were not on

academic probation status;

g. because she was denied the opportunity to be issued grades of

“T” for Temporary, she was also denied the opportunity to have

her “T” grades converted to passing grades of “S” upon

successful completion of remediation; and

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h. she was dismissed from the USF Doctor of Medicine program

on or about March 14, 2013, allegedly based on her academic

probation status, denying her the opportunity to move forward

in the Doctor of Medicine program after successfully

completing remediation—an opportunity which was available to

students of the Doctor of Medicine program who were not

disabled or did not have a record of disability.

194. By May 1, 2015, Zainulabeddin had successfully completed remediation

with a passing grade in both Doctoring II and Evidence Based Clinical

Reasoning II.

195. In fact, Zainulabeddin should not have been required to undergo

remediation for either course, because the failing grades assigned to

Zainulabeddin by Dr. Estevez and Dr. Stevenson were unjustified.

196. Had Zainulabeddin been treated in the same manner as other students

who are not disabled and/or do not have a past record of disability, she

would have been allowed to continue to the third year of the USF

Doctor of Medicine program.

197. Instead, USF issued a final dismissal of Zainulabeddin from the Doctor

of Medicine program on May 28, 2013.

198. Zainulabeddin’s successful completion of remediation for Doctoring II

and Evidence Based Clinical Reasoning II is clear evidence that the

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alleged deficiencies for which she was dismissed were not so severe as

to warrant the extreme sanction of dismissal.

199. The University dismissed Zainulabeddin from medical school on or

about March 14, 2013 because Zainulabeddin is a person with a disability

and/or based on her record of disability.

200.The University assigned Zainulabeddin the non-correctable grade of

“U” in Doctoring II and Evidence Based Clinical Reasoning II, because

Zainulabeddin is a person with a disability and/or because of her record

of disability.

201. A major element of the disparate treatment disability discrimination

suffered by Ms. Zainulabeddin is the practice of the USF Doctor of

Medicine program of placing students who fail due to the effects of

disability on academic probation, and thereafter denying them the same

opportunities and procedural protections afforded to students who are

not disabled. This practice causes students with disabilities to be

subjected to discrimination by the USF Doctor of Medicine program

and denied the benefits of participation in said program.

202. Upon information and belief, the effect of this practice is that it affords

the University the ability to dismiss disabled students from the Doctor

of Medicine program at any time for any alleged academic deficiency,

denying them the same opportunities to correct and recover from

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alleged academic deficiencies that are available to students who are not

disabled and/or who do not have a record of disability.

203. In Zainulabeddin’s case, the use of academic probation to single out

disabled students for disparate treatment resulted in her dismissal from

the Doctor of Medicine program, in violation of the Rehabilitation Act

of 1973, including the requirements set forth at 29 U.S.C. § 794.

204. Specifically, Zainulabeddin was denied the benefits of participation in

the Doctor of Medicine program on the basis of the University’s

practices linking disability status and academic probation. She was also

subjected to intentional disability discrimination by those practices.

WHEREFORE, Plaintiff Nausheen Zainulabeddin requests that

judgment be entered in her favor against Defendant, the Board of Trustees of

the University of South Florida, and prays for the following relief:

a. Injunctive relief, in the form of an order requiring Defendant to

reinstate Zainulabeddin as a student in good academic standing

in the USF Doctor of Medicine program;

b. Injunctive relief, in the form of an order requiring Defendant to

correct Zainulabeddin’s academic transcript for the 2012-2013

academic year by replacing the grade of “U” for

“Unsatisfactory” in Doctoring II and Evidence Based Clinical

Reasoning II with the grade of “S” for “Satisfactory,” which is

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the grade that Defendant would have conferred on a student

who was not disabled in the same circumstances;

c. Injunctive relief, in the form of an order requiring Defendant to

cease and desist from practices linking student disability status

to academic probation status, including but not limited to those

practices specifically set forth herein; and

d. Declaratory relief, in the form of an order declaring that

Defendant subjected the Plaintiff to prohibited discrimination

on the basis of disability, by maintaining practices linking

student disability status to academic probation status.

COUNT VI: RETALIATION ON THE BASIS OF DISABILITY

205. Paragraphs one (1) through one-hundred twenty-five (125) of this

Complaint are hereby realleged, as if fully set forth herein.

206.The University of South Florida subjected Zainulabeddin to retaliation

based on her disability by dismissing her from the Doctor of Medicine

program and the University based on alleged academic deficiencies. In

fact, the alleged deficiencies were not severe enough to warrant the

extreme sanction of dismissal, as shown by Zainulabeddin’s subsequent

successful completion of remediation.

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207. The preliminary decision to dismiss Zainulabeddin came two days after

Zainulabeddin rejected the instructions of Dr. Frasier Stevenson

(“Stevenson” or “Dr. Stevenson”) of USF, who told Zainulabeddin via

an email dated March 12, 2013 that she should not seek accommodations

of her disability of ADHD on the National Board of Medical Examiners’

Comprehensive Basic Science Exam (“CBSE”).

208.Stevenson based his instructions on his purported view that it would

not be in Zainulabeddin’s best interests to seek disability

accommodations on the exam.

209. The following day, on March 13, 2013, Zainulabeddin was told by Dr.

Kumar that Zainulabeddin’s final grade in Evidence Based Clinical

Reasoning II would be assigned by Dr. Stevenson, rather than by the

Course Directors, Dr. Kumar and Dr. Roth.

210. No explanation was provided as to why Dr. Stevenson, rather than Dr.

Kumar or Dr. Roth, would determine Zainulabeddin’s final grade in this

course.

211. On or about March 13, 2013, the University issued Zainulabeddin grades

of “U” for Unsatisfactory in both Doctoring II and Evidence Based

Clinical Reasoning II.

212. In fact, Zainulabeddin’s performance merited the grade of “S” for

Satisfactory. Her performance did not merit the extreme sanction of

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dismissal, as shown by her subsequent successful completion of

remediation in both courses.

213. Because the failing grades assigned to Zainulabeddin were unjustified,

she should not have been required to undergo remediation for either

course.

214. In addition, Zainulabeddin was denied the opportunity available to

other students to receive a temporary grade of “T” while completing

remediation of the courses.

215. The following day, on March 14, 2013, the Academic Performance

Review Committee (“APRC”) met and immediately issued a preliminary

decision to dismiss Zainulabeddin from the Doctor of Medicine

program based on the alleged academic deficiences in her Doctoring II

and Evidence Based Clinical Reasoning II courses.

216. The alleged academic deficiencies for which Zainulabeddin was

dismissed were the result of discrimination by Dr. Estevez (as to

Doctoring II) and of unfair and discriminatory testing conditions and/or

the intervention of Dr. Stevenson (as to the Evidence Based Clinical

Reasoning II course).

217. By May 1, 2015, Zainulabeddin had successfully completed remediation

with a passing grade in both Doctoring II and Evidence Based Clinical

Reasoning II.

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218. Had Zainulabeddin been treated in the same manner as other students

who are not disabled and/or do not have a past record of disability, she

would have been allowed to continue to the third year of the USF

Doctor of Medicine program, upon successful completion of

remediation.

219. Instead, USF issued a final dismissal of Zainulabeddin from the Doctor

of Medicine program on May 28, 2013.

220. The close temporal proximity between Zainulabeddin’s dismissal on

March 14, 2013, and her rejection of Dr. Stevenson’s demand to desist

from seeking disability accommodations on the CBSE on March 12,

2013, creates an inference that the dismissal was in retaliation for

rejecting Stevenson’s demand.

221. Similarly, the fact that Dr. Stevenson was identified as the person who

would assign her final grade in Evidence Based Clinical Reasoning II

creates a reasonable inference that Dr. Stevenson took on this authority

and exercised it to create grounds for dismissal of Zainulabeddin, in

retaliation for her rejection of his demands the previous day.

222. Dismissing a disabled student based on her intent to request disability

accommodations on a professional qualification examination constitutes

prohibited retaliation on the basis of disability, in violation of the

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Rehabilitation Act of 1973, including the requirements set forth at 29

U.S.C. § 794.

WHEREFORE, Plaintiff Nausheen Zainulabeddin requests that

judgment be entered in her favor against Defendant, the Board of Trustees of

the University of South Florida, and prays for the following relief:

a. Injunctive relief, in the form of an order requiring Defendant

to reinstate Zainulabeddin as a student in good academic

standing in the USF Doctor of Medicine program;

b. Injunctive relief, in the form of an order requiring Defendant

to correct Zainulabeddin’s academic transcript for the 2012-

2013 academic year by replacing the grade of “U” for

“Unsatisfactory” in Doctoring II and Evidence Based Clinical

Reasoning II with the grade of “S” for “Satisfactory,” which is

the grade that Defendant would have conferred on a student

who was not disabled in the same circumstances;

c. Compensatory damages for the financial harm suffered by

Plaintiff as a result of the unlawful retaliation, including loss

of earning potential, loss of future income, loss of value of

educational services rendered, and accrued interest on

student loans entered into for the purpose of purchasing said

educational services;

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d. Compensatory damages for the emotional injuries suffered by

Plaintiff as a result of the unlawful retaliation;

e. Prejudgment and postjudgment interest as authorized by law;

and

f. Such other legal and equitable relief as this Court considers

appropriate and just.

DEMAND FOR JURY TRIAL

Plaintiff demands trial before a jury of her peers as to all claims so triable

set forth herein.

Respectfully submitted this 22nd day of January, 2016.

FOR STANLEY R. APPS, P.A.:

/s/ Stanley R. Apps

Stanley R. Apps
FL Bar No. 0108868
1950 Elkhorn Court, Unit # 147
San Mateo, CA 94403
(310) 709-3966
[email protected]
Attorney for Plaintiff

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Exhibit A
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S TA N L E Y R . A P P S, P. A .
3904 W. Sevilla St., Tampa FL 33629! ! (310) 709 3966 ! [email protected]!

May 12, 2015

!
Dr. Charles D. Lockwood
Dean of the USF Health Morsani College of Medicine
12901 Bruce B. Downs Blvd.
Tampa, FL 33612
!
Joanna M. Adamchak, Associate General Counsel
USF Office of the General Counsel
4202 E. Fowler Ave., CGS 301
Tampa, FL 33620-4301
!
Florida Department of Financial Services
Department of Risk Management
200 E. Gaines St.
Tallahassee, FL 32399-0338
!
Re: Nausheen Zainulabeddin, former student at Morsani College of
Medicine
!
Dear Dean Lockwood and Ms. Adamchak:
!
I write to you today for two purposes. First, I wish to express the very
serious concerns of my client Nausheen Zainulabeddin, a former student of
the Morsani College of Medicine (hereinafter “MCOM”). Ms. Zainulabeddin
has informed me of facts indicating that she was subjected to disability
discrimination and related tortious conduct while attending MCOM. I
would like to open a dialogue regarding appropriate ways to address Ms.
Zainulabeddin’s concerns.
!
Second, I write to present a letter of claim pursuant to Florida
Statutes § 768.28(6). For that reason, a copy of this letter has also been sent
to the Florida Department of Financial Services, Department of Risk
Management.
!
The tortious conduct suffered by Ms. Zainulabeddin consists of
negligent misrepresentation by USF of the contents of a
neuropsychological evaluation performed on Ms. Zainulabeddin on August
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S TA N L E Y R . A P P S, P. A .
3904 W. Sevilla St., Tampa FL 33629! ! (310) 709 3966 ! [email protected]!

2 of 5
!
5, 2010 by Dr. Michael R. Schoenberg. This evaluation was performed at the
request of MCOM, was paid for by MCOM, and the results were provided to
MCOM administrators but were not made available to Ms. Zainulabeddin.
Indeed, Ms. Zainulabeddin was led to believe that she was not entitled to
receive a copy of the results of the neuropsychological evaluation.
Considering these circumstances, it is clear that Ms. Zainulabeddin’s
reliance was entirely justified when MCOM Dean for Student Affairs, Dr.
Steven Specter, negligently misrepresented the contents of the
neuropsychological report to Ms. Zainulabeddin, erroneously informing her
that the report indicated Ms. Zainulabeddin did not suffer from her
disability of Attention Deficit Disorder (inattentive type).
!
Dr. Specter subsequently admitted his negligence to Ms.
Zainulabeddin. But despite his apology and admission, the damage had
already been done. Because of her justifiable reliance on the University’s
negligent misrepresentation, Ms. Zainulabeddin did not request disability
accommodations at MCOM, because she was led to believe by an important
authority figure that she had no disability and accommodations were not
warranted.
!
The negligent misrepresentation resulted in massive losses of money
and opportunity for Ms. Zainulabeddin and her family, including tuition
and fees for medical school courses that she failed due to lack of disability
accommodations, as a direct result of the University’s negligent
misrepresentation. Ms. Zainulabeddin was also dismissed from MCOM in
January 2012 as a result of attending MCOM without appropriate
accommodations of her disability and without use of appropriate
medications.
!
Ms. Zainulabeddin discovered the negligent misrepresentation by the
University on or about February 6, 2012, when Dean Specter finally
provided her with a copy of the neuropsychological report, together with
his oral apology and admission of error. Thereafter, Dean Specter supported
Ms. Zainulabeddin’s effort to be readmitted to MCOM.
!
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S TA N L E Y R . A P P S, P. A .
3904 W. Sevilla St., Tampa FL 33629! ! (310) 709 3966 ! [email protected]!

3 of 5
!
Shortly after her readmission, Ms. Zainulabeddin was provided
reasonable accommodations of disability. Unfortunately, she was frequently
denied the benefits of participation in MCOM’s educational program, due
to being subjected to ongoing disability discrimination by MCOM faculty
and administrators. The ongoing discrimination involved repeated incidents
where Ms. Zainulabeddin was singled out for disparate treatment, allegedly
based on her status of being on academic probation. In fact, Ms.
Zainulabeddin should not have been subjected to the additional
requirements and different treatment associated with academic probation
status, since her earlier academic shortcomings stemmed from her disability
and from the University’s negligent conduct.
!
As a result of being singled out for disparate treatment, Ms.
Zainulabeddin was dismissed from MCOM a second time on March 14,
2013. Several circumstances indicate that discrimination against Ms.
Zainulabeddin based on her disability was the primary factor leading to her
dismissal on that date.
!
First, the dismissal came only two days after Ms. Zainulabeddin
repeated her request to be provided her disability accommodation of extra
time on the Comprehensive Basic Science Examination (“CBSE”). Ms.
Zainulabeddin’s second request to be afforded reasonable accommodations
on this important examination came after Dr. Frasier Stevenson of MCOM
strongly advised Ms. Zainulabeddin to take the CBSE without disability
accommodations. I do not know why Dr. Stevenson attempted to prevent
Ms. Zainulabeddin from exercising her rights under federal law, by advising
her to take this exam without accommodations; however, it is clear that Dr.
Stevenson’s conduct constitutes a constructive denial of accommodations.
!
Second, the prompt dismissal immediately after Ms. Zainulabeddin’s
second request for accommodations on the CBSE bears the marks of
retaliatory conduct. The dismissal was irregular in character, in that it took
place prior to finalization of Ms. Zainulabeddin’s grades for the term,
thereby denying her the opportunity to correct academic deficiencies that
she would otherwise have been entitled to correct, such as by retaking
exams on which her performance had been considered inadequate.
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Exhibit B
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University of South Florida

College of Medicine

M.D. Program

STUDENT HANDBOOK

August 2009
 A-67

We enhance student
life and learning

Our commitment is to enhance student

life and learning by providing counseling,
resources, and encouragement to assist
our students in the pursuit of their
educational and professional goals

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UNIVERSITY OF SOUTH FLORIDA

COLLEGE OF MEDICINE

MEDICAL STUDENT HANDBOOK

August 2009

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TABLE OF CONTENTS

I. INTRODUCTION 8
A. STATEMENT ON STUDENT AFFAIRS 8

II. THE COLLEGE 9

A. PHILOSOPHY OF MEDICAL EDUCATION 9
B. OBJECTIVES OF THE COLLEGE OF MEDICINE 9
1. Mission 9
2. Vision 9
3. Values 10
C. THE HIPPOCRATIC OATH 11
D. CORE COMPETENCIES FOR THE M.D. EDUCATIONAL PROGRAM 12
E. REQUIRED KNOWLEDGE, SKILLS AND ATTITUDES 13
1. Medical Knowledge 13
2. Skills 13
3. Attitudes / Values 13
F. DIRECTORY 14
1. Building Codes 14
2. Leadership of the College of Medicine 14
3. Academic Department Chairs 15
a. Foundations 15
b. Clinical 15
4. School of Physical Therapy and Rehabilitation Sciences 16
5. Student Affairs, Financial Aid, and Registrar 16
a. Student Affairs 16
b. Financial Aid 16
c. Registrar 16
6. Admissions Team 17
7. Undergraduate Medical Education Team 17

III. ACADEMIC CALENDAR 17

IV. GUIDELINES AND PROCEDURES 18

A. TECHNICAL STANDARDS FOR MEDICAL SCHOOL ADMISSION,
ACADEMIC PROGRESSION AND GRADUATION 18
1. Observation 18
2. Communication 18
3. Motor Coordination and Function 19
4. Intellectual, Conceptual, Integrative and Quantitative Abilities 19
5. Behavioral and Social Attributes 19
6. Technical Requirements 19
B. ATTENDANCE GUIDELINES 20
Basic Science Courses – Year 1 and Year 2 20
i. Emergencies for Personal Illness, Family Illness, etc. 20
ii. Exam Attendance Procedures for Years 1 and 2 21
iii. Mandatory Course Specific Events 21
Clerkships – Year 3 and Year 4 22
i. Emergencies for Personal Illness, Family Illness, etc. 22
ii. Scheduled Time Off for Interviews, Out of Town Meetings, etc. 23
iii. Medical Student Hours in Clinical Years 23
Religious Observations 24
Holidays 24
Student Mistreatment / Unprofessional Behavior Reporting 24
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Professionalism 24
Getting Help 24
Senior Electives – Absence Guidelines 25
C. ACADEMIC GUIDELINES 25
1. Communication 25
2. Faculty Medical Learner Compact 25
a. Violations of Faculty Learner Compact 26
3. Performance Standards 26
4. Grade Determination 27
5. Clerkship Grading, Evaluation and Scheduling 27
a. Grading Standards 27
i. Year 3 28
ii. Year 4 28
b. Medical Student Hours in Clinical Years 28
c. Supervision of Clinical Experiences of Medical Students 28
d. Clerkship Grading and Evaluation 29
6. Requirements for Graduation 29
7. Class Rank 29
a. Year 1 and Year 2 30
b. Year 3 30
8. Unsatisfactory Performance 31
9. Academic Honesty Guidelines 31
a. Procedure 32
b. Consequences 32
c. Appeal 32
D. MEDICAL STUDENT ADVANCEMENT PROCEDURES
AND DUE PROCESS 32
1. Grade Appeal Process 32
a. Basis for Appeal 32
b. Appeal to the Faculty Member for Review of Assigned Grade 33
c. Appeal to the Department Chairperson 33
d. Appeal to the Vice Dean for Educational Affairs 33
2. Academic Performance Review Committee (APRC) 34
a. Purpose 34
b. Composition 34
c. Confidentiality 35
d. Quorum Requirements 35
e. Roles and Responsibilities of APRC 35
f. Scheduling and Frequency of Meetings 36
g. Meeting Agenda Preparation 36
3. Advancement of Students with Satisfactory Performance and
Graduation 37
a. Requirements for Advancement 37
i. Year 1 to Year 2 37
ii. Year 2 to Year 3 37
iii. Year 3 to Year 4 37
b. Requirements for Graduation 37
4. Students with Unsatisfactory Performance 37
a. Time Limitations for Completing Portions of the Curriculum 37
b. Academic Failure, Academic Warning and Probation, and
Dismissal 38
i. Academic Failure 38
ii. Academic Warning and Probation 39
iii. Dismissal 39
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5. Appeal Mechanism for Disciplinary Action or Dismissal 40
a. Request for Hearing 40
b. Appeal of APRC Hearing Decision 40
6. Petition for Readmission Following Dismissal 41
7. Leave of Absence 41
8. Petition for Readmission Following Leave of Absence 41
E. STUDENT MISTREATMENT AND ABUSE 42
1. Student Mistreatment and Abuse 42
2. Sexual Harassment__ 42
3. Sexual Battery__ 42
4. Victims’  Advocacy  Program 43
5. Violations of Mistreatment and Abuse Guidelines___ 43
F. GENERAL GUIDELINES 44
1. Americans with Disabilities Act 44
a. Operating Procedure for Applicants with Disabilities 44
2. Computer Use 45
a. Computer Use / Misuse 45
3. Dress Code __ 46
4. Educational Programs Utilizing Live Animal Models _ 46
5. Employment (Outside) __ 46
6. Enrollment in Other Programs___ 46
7. Financial Aid 46
a. Short Term Loans 47
b. Impact of a Leave of Absence or Withdrawal on Repayment of
Student Loans 47
8. Student Confidentiality _ 47
9. Student Health_________________________________________47
a. HIV / AIDS and Other Infectious Diseases_____ 48
b. Bloodborne Pathogen Exposures and Exposures to
Communicable Diseases 48
c. Student Health Services 49
d. Health Requirements for Patient Contact 50
e. Student Exposure at the USF Affiliated Practice Sites 52
f. Chemical Dependency 53
10. Student Records Policy at USF 53
a. Release of Student Information 53
i. Damaged / Duplicate Diplomas 54
11. Tuition and Fees 54
a. Refunds___ 54
12. Use of Human Subjects in Research 55
a. Introduction 55
b. Statement of USF Policy and Procedures 55

VII. ADVISEMENT, MEDICAL CAREER COUNSELING, ACADEMIC ASSISTANCE,

AND PERSONAL COUNSELING 56
A. Advisors 56
1. Advisor Assignments (Faculty) 56
a. Role of the Advisor 56
b. Access to Student Records and Grades 56
c. Changing Advisors 56
2. Medical Career Counseling/Advisement/Careers in Medicine 57
3. Academic Assistance 57
a. Peer Tutoring 57
b. Reading, Study Skills and Test Taking Assistance 57
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B. Stress Prevention and Personal Counseling 57
1. USF Counseling Center 57
2. USF Health Campus 57
3. Health Enhancement for Lifelong Professional Students (HELPS) 58

VIII. MISCELLANEOUS 73
A. Bicycles 73
B. Bookstore 73
C. Building Problems 73
D. Campus Religious Centers 73
E. Disability Insurance 73
F. Dissecting Laboratory Rules 73
G. Educational Resources 73
1. USF Shimberg Health Sciences Library 73
2. Tampa General Hospital Library 74
3. Tampa  Veteran’s  Administration Hospital Medical Library 74
H. Fitness Center 74
I. Food Service 74
J. Honors and Awards 74
K. Keys 74
L. Licensure Exams 75
M. Lockers 75
N. Married Students 75
O. Medical Center Post Office 75
P. Parking 75
1. On Campus 75
2. At Tampa General Hospital 75
Q. Personal Safety 76
R. Photocopy Machines 76
S. Places to Study 76
T. Research Opportunities Through Medical School 77
U. Residency 77
V. USF Student I.D. and Activities 77
W. Student Lounge and Nickels Student Computer Lounge 78
X. Student Mailboxes 78
Y. Student Programs and Organizations 78
Z. Fingerprinting and Criminal Background Checks 78

IX. HONOR CODE 78

A. Honor Committee 81

X. STUDENT COUNCIL 87
A. Constitution and Bylaws 87

XI. ADDENDUM 102

A. Standards of Progress for VA Students in the College of Medicine 102
1. Unsatisfactory Performance 102
2. Academic Warning and Probation 102
3. Dismissal 102

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I. INTRODUCTION

On behalf of the faculty, administration, staff, and student body, we are delighted to welcome
you to the University of South Florida College of Medicine.

This handbook has been developed by the Office of Student Affairs and the students of the
College of Medicine to assist you. It contains Guidance statements and Procedures of the
College of Medicine, as approved by the Professional Student Affairs Committee and the Dean
of the College. The procedures relate to student activities as well as helpful hints and advice
on facilitating your experiences in medical school. We hope that you find it useful. If you have
questions or need clarification, please contact the Office of Student Affairs, MDC 1002 phone
813-974-2068. This Handbook is not a contract between the Univesrity and you. Rather it
is intended to provide up-to-date information which may be helpful to you.

A. STATEMENT ON STUDENT AFFAIRS

The Office of Student Affairs has an open-door service attitude and is available on an ongoing
basis to provide assistance in any matter of concern to the student. We serve as advisors to
students with personal or adjustment problems, and problems of an academic or financial
nature. We also provide assistance and guidance to you concerning issues pertaining to
student mistreatment and abuse. At the first sign of any of these problems you should come to
see us. Our office also serves as a sounding board, referral service and student advocate. We,
in the Office of Student Affairs, are dedicated to assisting you in the successful completion of
this growth process. The Associate Dean for Student Affairs, Dr. Steven Specter, is available in
his office during school hours, by cell phone at 813-508-4250, or at home at 813-962-2288.

You are entering into a challenging, rewarding and sometimes stressful experience. You will
undergo an almost unique personal growth process as you develop the skills, confidence, and
compassion necessary to assume responsibility for the care of other human beings.

As individuals vary, so do their study habits. Studying is time consuming, but a planned
regimen will enable you to set aside the time required to relax and to do some of the things you
are used to doing. Breaks in the routine of studying are a necessary part of your education.
Budget your time!

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*Policies and programs presented in this handbook are subject to change at any time. As
changes occur in institutional policies that affect students, they will be notified via e-mail.

II. THE COLLEGE

A. PHILOSOPHY OF MEDICAL EDUCATION

Medicine, as a profession for the 21st century must be responsive to social needs and demands,
as well as keeping pace with changing technology. In response to this challenge the faculty of
the College of Medicine (COM) emphasizes ongoing review and adaptation of educational
programs to meet the needs of society for today and tomorrow.

The curriculum of the COM is designed to instill in the medical student the attitude of a caring,
competent physician. Principles stressed to achieve this goal include development of a strong
foundation in the basic sciences relevant to the practice of clinical medicine, early exposure to
patients in a clinical setting, an emphasis on active student centered learning, and leveraging
technology in both classroom and clinical settings. Through these principles students learn to
take on progressive responsibility for patient care commensurate with their level of training.
Using a competency based curriculum, student progress is tracked to ensure that graduates are
ready for residency training.

Student progress toward these competencies is carefully monitored to determine that the
fundamental knowledge of the basic sciences in a meaningful relation to career goals in
medicine is achieved. Although during the first and second years the emphasis is on the
sciences basic to medicine, clinical medicine is an integral part of training beginning in the first
year. The latter two years emphasize clinical training with repeated reinforcement of basic
science principles. Thus, the relationship between science and medicine is a recurring theme
throughout the educational process. Active learning is practiced through small group
discussions, laboratory exercises, clinical performance examinations, self-directed web based
instruction, and extensive interaction with patients and physician mentors in inpatient and
outpatient settings. Through this training program students will attain established competencies
related to the knowledge, skills, attitudes and values of a physician.

B. OBJECTIVES OF THE COLLEGE OF MEDICINE

1. Mission

The mission of the University of South Florida College of Medicine is to provide for the
education of students and professionals of the health and biomedical sciences through the
creation of a scholarly environment that fosters excellence in the life-long goals of
education, research activity, and compassionate patient care.

2. Vision

The USF COM will be recognized as:

A national leader in educating health professionals by creating a caring, student

centered, empowered learning environment;
A medical school community where students embrace life-long learning and self-
fulfillment preparing for satisfying and challenging careers;
A community of researchers dedicated to advancing knowledge through biomedical
research valuing interdisciplinary and specialty specific efforts;

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An environment where faculty, staff and students are passionate about their work and
education;
The keystone of a network of institutions, programs and individuals that creates
innovative and collaborative community health care systems.

3. Values

The faculty and staff at the University of South Florida College of Medicine commit these
values as guides for our decisions and behaviors:

High Standards
In upholding the highest standards, we will:

demonstrate ethical leadership by example

conduct ourselves with integrity, avoiding conflicts of interest
hold our work to the highest academic standards

Respect for Individuals

In valuing respect for individuals, we pledge to:

treat others with respect and dignity, honoring individual differences

promote open communication and listen proactively
create collegial environment based on loyalty to our co-workers

Advancing Knowledge
In expressing our passion for learning, we encourage:

exploration of new ideas in our teaching and research

risk-taking and acceptance of the inevitable mistakes
diverse learning opportunities where creativity thrives
interdisciplinary teamwork

Personal Development and Leadership

Recognizing that exceptional quality begins with people, we create:

a culture of personal development and professional fulfillment

a workplace where expectations are matched by our reward system
an atmosphere where people value the balance between work and family
a mentor–rich culture where faculty, staff and students can enhance their leadership
skills

Commitment to Health
Supporting our fundamental belief in the doctor/patient relationship, we are committed to:

The highest quality medical care to our patients

Training the next generation of physicians and health care professionals to be capable
and compassionate
Promoting good health and well-being in response to the needs of our community
Our community partners who help us achieve excellence in all that we do.

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C. THE HIPPOCRATIC OATH*

I do solemnly swear, in the tradition of Hippocrates, by whatever I hold most sacred, to bring the
following oath and written covenant to fulfillment, in accordance with my power and my
judgment:

That I will dedicate myself to the Profession of Medicine.

That I will lead my life and practice this Art with uprightness, honor, and compassion.

That I will be just and generous towards others in this profession, and will aid them in need. In
respect for those who have led me into the Paths of Medicine, I will lead those who follow me.
With eagerness, I will learn from my fellow physicians and, with humility, I will share my
knowledge with them.

That I will dedicate my career to improving the quality of life for those who seek my assistance.
I will ensure that my patients are completely informed about their medical care, and will respect
their dignity and autonomy, in living and in dying. I will earn their trust and confidence and make
certain to hold their best interest in highest regard. I will keep inviolably secret whatsoever I
shall see or hear in the lives of my patients which is not fit to be spoken.

That I will recognize the limits of my abilities and seek assistance of others when these limits
are exceeded. I will be responsible to continuously improve my skills and endeavor to advance
my Profession by seeking new knowledge and by reexamining the ideas and practices of the
past.

That I will promote the health and welfare of my community and actively strive to improve the
quality and access to health care for all.

In the presence of my teachers, my colleagues, my family, and my friends, I make these

promises solemnly, fully, and upon my honor. Should I be true to this oath, may prosperity and
good repute be ever mine; the opposite, should I prove myself forsworn.

*The oath, written by USFCOM students, is a modification of the original.

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D. CORE COMPETENCIES FOR THE M.D. EDUCATIONAL PROGRAM
General Competency USF COM Educational Program Objective(s)
Understanding needs and Works with patients, families and colleagues demonstrating empathy, cultural competency and
uniqueness of patients. Utilization scrupulous personal ethical standards.
of empathy, honesty, and integrity a commitment to honesty, integrity, and sensitivity in all interactions with patients' families,
in providing care. colleagues and other health care providers.
a commitment to work with patients and their families in making shared treatment and
health care decisions.
Scientific approach to medical Demonstrates a sound fund of knowledge and the ability to apply within a biopsychosocial model.
management and decision- knowledge of the structure and function of the body, the molecular, genetic, biochemical
making. and cellular mechanisms that are important in maintaining the body's homeostasis, and the
pathogenesis and epidemiology of disease states and conditions.
knowledge of the complex interaction of physical, psychological, social, economic, cultural,
and developmental factors that contribute to illness and disease.
Formulation of effective diagnostic, Demonstrates ability to assess acuity of illness and formulate comprehensive plans of care based on
therapeutic and preventive care best evidence.
plans. knowledge of the appropriate use of methods and procedures for detection, diagnosis, and
treatment of disease states.
knowledge of the appropriate methods for prevention of disease and promotion of health.
the ability to identify the indications for and interpret the results of commonly used
diagnostic procedures including an understanding of the role of false positive and negative
results and the predictive value of tests.
the ability to critically review and utilize biomedical and psychosocial information.
the ability to develop an appropriate plan of management and prevention and institute
therapy across health care settings.
the ability to assess level of acuity (life threatening or critical) and initiate appropriate
therapy.
Collaboration with others on the Demonstrates the ability to work effectively in teams, respectful of other team members in the health
health care team and an delivery system, and demonstrates recognition of issues of cost, practice and delivery systems,
understanding of system based access to care, and the larger health care system.
practice. knowledge of the components of health care that influence the organization, financing and
delivery of health care.
the ability to implement risk management strategies for prevention of disease or injury and
assure safety of the patient and public.
a commitment to incorporate the relationships of cost, risk, and benefit in patient evaluation
and management.
a commitment to collaborate in a team approach for the care of patients.
Attitudes and values: exemplifying Demonstrates understanding of the impact of illness on the patient, family and community;
professionalism and patient advocating for the patient, and a commitment to professionalism.
advocacy. knowledge of the impact that illness has on the patient, the patient's family, the community,
the physician and other health care professionals.
a commitment to advocate, be compassionate, and to ameliorate suffering of the patient.
a commitment to respect the patient's privacy, dignity, and cultural values.
a commitment to provision of care to all patients including the underserved and to promote
the health of the public.
Reflection and renewal: Demonstrates the ability to self-evaluate, educate self and others.
commitment to self analysis, knowledge of the methods necessary to engage in lifelong learning to stay abreast of
lifelong learning and the teaching relevant scientific and societal advances.
of others. a commitment to lifelong learning.
a commitment to involvement in the local and professional community and service as a
resource to the local and professional community.
Ethics: utilization of principles Demonstrates knowledge of principles of medical ethics and consistently applies these principles in
governing ethical medical practice. the care of patients.
knowledge of the theories and principles that govern ethical decision-making and the major
ethical dilemmas in health care.
a commitment to the ethical practice of medicine.
Skills: competent performance of Demonstrates the ability to perform a history and physical examination, basic medical procedures,
skills and tasks. ability to communicate effectively with patients, families, and colleagues in oral and written form.
the ability to obtain and effectively document an accurate and thorough medical history and
perform a complete physical and mental status examination on patients of all ages and
develop a differential diagnosis that includes an understanding of the probability of
disease.
the ability to perform routine medical procedures.
the ability to document pertinent treatment, assessments, and interactions with patients
using current legal, ethical, and communication standard
the ability to communicate effectively, both orally and in writing, with patients, patients'
families, colleagues and others involved in the care of the patient.

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E. REQUIRED KNOWLEDGE, SKILLS AND ATTITUDES

Objectives for the Program of Study Leading to the M.D. Degree (Adopted March 11, 2003)

Upon the successful completion of all of the requirements for the program of study leading to
the M.D. degree, the student will demonstrate the following knowledge, skills, attitudes and
values across the life span and in multiple settings.

1. Medical Knowledge

The student will demonstrate knowledge of:

1. the structure and function of the body, the molecular, genetic, biochemical and cellular
mechanisms   that   are   important   in   maintaining   the   body’s   homeostasis,   and the
pathogenesis and epidemiology of disease states and conditions.
2. the appropriate use of methods and procedures for detection, diagnosis, and treatment
of disease states.
3. the complex interaction of physical, psychological, social, economic, cultural, and
developmental factors that contribute to illness and disease.
4. the appropriate methods for prevention of disease and promotion of health.
5. the   impact   that   illness   has   on   the   patient,   the   patient’s   family,   the   community,   the  
physician and other health care professionals.
6. the theories and principles that govern ethical decision-making and the major ethical
dilemmas in health care.
7. the components of health care that influence the organization, financing and delivery of
health care.
8. the methods necessary to engage in lifelong learning to stay abreast of relevant
scientific and societal advances.

2. Skills

The student will demonstrate the ability to:

1. obtain and effectively document an accurate and thorough medical history and perform a
complete physical and mental status examination on patients of all ages and develop a
differential diagnosis that includes an understanding of the probability of disease.
2. identify the indications for and interpret the results of commonly used diagnostic
procedures including an understanding of the role of false positive and negative results
and the predictive value of tests.
3. perform routine medical procedures.
4. document pertinent treatment, assessments, and interactions with patients using current
legal, ethical, and communication standards.
5. critically review and utilize biomedical and psychosocial information.
6. develop an appropriate plan of management and prevention and institute therapy across
health care settings.
7. communicate effectively, both orally and in writing, with patients, patients' families,
colleagues and others involved in the care of the patient.
8. implement risk management strategies for prevention of disease or injury and assure
patient safety
9. assess level of acuity (life threatening or critical) and initiate appropriate therapy.

3. Attitudes / Values

The student will demonstrate a commitment to:

1. advocate, be compassionate, and to ameliorate suffering of the patient.
2. respect  the  patient’s  privacy,  dignity,  and  cultural  values.
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3. honesty, integrity, and sensitivity  in  all  interactions  with  patients’  families,  colleagues  and  
other health care providers.
4. incorporate the relationships of cost, risk, and benefit in patient evaluation and
management.
5. the ethical practice of medicine.
6. collaborate in a team approach for the care of patients.
7. provision of care to all patients including the underserved and to promote the health of
the public.
8. lifelong learning.
9. involvement in the local and professional community and service as a resource to the
local and professional community.
10. work with patients and their families in making shared treatment and health care
decisions.

F. DIRECTORY

1. Building Codes

Tampa General Hospital – 1 Tampa General Circle, Tampa, FL 33606

USF Health South Tampa Center for Advanced Healthcare – 2 Tampa General Circle
Moffitt Cancer Center – 3 Tampa General Circle
Harbourside Medical Tower – 5 Tampa General Circle
MDC – USF Medical Center
UPC – University Psychiatry Center
MDT – USF School of Physical Therapy & Rehabilitative Sciences
CMS – Children’s  Medical  Services  Building  (USF  Health  Administration)

2. Leadership of the College of Medicine

Stephen K. Klasko, M.D., M.B.A. CMS 3023; 974-2196

Senior Vice President, USF Health
Dean, College of Medicine

Alicia D. H. Monroe, M.D. MDC 1100; 974-7131

Vice Dean for Educational Affairs, USF COM

John S. Curran, M.D. MDC 0906; 974-4950

Associate Vice President for Faculty & Academic Affairs
Senior Executive Associate Dean for Faculty & Academic Affairs, COM

Robert Belsole, M.D. CMS 3000; 974-2196

Vice Dean, Clinical Affairs

Joann Strobbe, M.S. CMS 3030; 974-2196

Associate Vice President & CFO, USF Health
Associate Dean for Business Affairs & Technology

Steven Specter, Ph.D. MDC 1002; 974-2068

Associate Dean for Student Affairs Cell: 508-4250

Frazier Stevenson, M.D. MDC 1100; 974-3089

Associate Dean for Undergraduate Medical Education

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Charles Paidas, MD, MBA TGH- Rm. G-441; 844-7315
Associate Dean for Graduate Medical Education
Professor of Surgery & Pediatrics, Chief of Pediatric Surgery

Michael J. Barber, D. Phil MDC 2535; 974-4181

Associate Dean for Graduate & Post-doctoral Affairs

William S. Quillen, PT, PhD, ScS MDT 1055; 974-9863

Associate Dean, USF COM
Director, USF School of Physical Therapy & Rehabilitative Sciences

Marvin T. Williams, Ph.D. MDC 1418; 974-3609

Associate Vice President for Diversity & Equal Opportunity

3. Academic Department Chairs

a. Foundations

Molecular Medicine Robert Deschenes, Ph.D.

MDC 3535; 974-6393

Molecular Pharmacology & Physiology Bruce Lindsey, Ph.D.

MDC 3040A; 974-2590

Pathology & Cell Biology Santo V. Nicosia, M.D.

MDC 2151; 974-0529

b. Clinical

Dermatology & Cutaneous Surgery Neil Fenske, M.D.

MDC 1174; 974-4270

Family Medicine H. James Brownlee, Jr., M.D.

MDC 2141; 974-4197

Oncologic Sciences Lynn Moscinski, M.D.

Moffitt Cancer Center; Suite 1008
745-2939

Internal Medicine Allan L. Goldman, M.D.

MDC 4127; 974-2271

Neurology Clifton L. Gooch, M.D.

MDC 4106; 974-3541

Neurosurgery Harry van Loveren, M.D.

HMT 730; 259-0904

Obstetrics/Gynecology Catherine Lynch, M.D.

HMT 529; 259-8514

Ophthalmology P. Reed Pavan, M.D.

USF Eye Institute; 974-1530

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Orthopaedic Surgery & David Leffers, M.D.
Sports Medicine MDC 106; 974-2351

Pediatrics Robert M. Nelson, M.D.

17 Davis, 2nd Floor; 272-2960

Psychiatry & Behavioral Medicine Francisco Fernandez, M.D.

UPC 220; 974-3648

Radiology Todd Hazelton, M.D.

MDC 3157A; 974-6311

Surgery David Smith, M.D.

HMT 430; 259-0964

4. School of Physical Therapy and Rehabilitation Sciences

William S. Quillen, PT, Ph.D., SCS MDT 1055; 974-9863

Associate Dean, USF COM
Director, USF School of Physical Therapy & Rehabilitative Sciences

5. Student Affairs, Financial Aid, and Registrar

a. Student Affairs

Steven Specter, Ph.D. MDC 1002; 974-2068

Associate Dean for Student Affairs Cell: 508-4250
Student Affairs, MDC Box 4

Danielle Schutz, M.A. MDC 1002; 974-2068

Director for Student Affairs

Phyllis Ridgeway MDC 1002; 974-2068

Office Manager

Linda Krausman MDC 1002; 974-2068

Administrative Specialist

Willie Mitchell MDC 1002; 974-2068

Staff Assistant

b. Financial Aid

Michelle Williamson MDC 1012; 974-2068

Assistant Director, Financial Aid
Financial Aid, MDC Box 4

Thomas  “Matt”  Smith MDC 1012; 974-2068

Financial Aid Specialist

c. Registrar

Marrissa Cook MDC 1007; 974-0828

Registrar
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MDC Box 32

Jill Dryden MDC 1007; 974-0828

Enrollment Management Specialist

6. Admissions Team

Alicia D. H. Monroe, M.D. MDC 1100; 974-7131

Vice Dean for Educational Affairs

Jonathan  “Jonnie”  Perez MDC 1116, 974-7092

Director of Admissions

Adrienne Kinsella MDC 1116, 974-2266

Academic Program Specialist

Trista Moening MDC 1116, 974-3396

Enrollment Management Assistant

Suzanne Jackson, M.P.H. MDC 1114; 974-2562

Director, Student Diversity & Enrichment

To be Determined MDC 1114; 974-7592

Coordinator, Student Diversity & Enrichment

Seema Rampersad MDC 1114; 974-4707

Academic Program Specialist , Student Diversity & Enrichment

7. Undergraduate Medical Education Team

Roberta Collins MDC 1100 ; 974-5793

Project Manager

Tanisha Battle MDC 1100 ; 974-8364

UME Coordinator

Stephen Charles MDC 1100 ; 974-3577

UME Coordinator

Jennifer Adams MDC 54 ; 745-5752

UME Coordinator

Patty Pariesian MDC 54

UME Coordinator

Gail Carter MDC 1100 ; 974-2435

Administrative Assistant

III. ACADEMIC CALENDAR

Can be accessed on the web at Academic Calendar

Please be aware that all dates are subject to change so the calendar is only available
electronically.
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Holidays may be waived for students serving in Clinical Clerkships at the discretion of the
individual Chiefs of Service.

IV. GUIDANCE AND PROCEDURES

Students are expected to follow all policies of the university as delineated on the
University of South Florida Student Handbook webpage. Students are also expected to
follow the guidelines set out below.

A. TECHNICAL STANDARDS FOR MEDICAL SCHOOL ADMISSION, ACADEMIC

PROGRESSION AND GRADUATION

Medical education requires that the accumulation of scientific knowledge be accompanied by

the simultaneous acquisition of skills, professional attitudes and behavior. Medical school
faculties have a responsibility to society to matriculate and graduate the best possible
physicians. Thus, admission to medical school has been offered to those who present the
highest qualifications for the study and practice of medicine. Technical standards presented in
this document are pre-requisite for admission, progression and graduation from the COM of the
USF. All courses in the curriculum are required in order to develop essential skills required to
become a competent physician.

Graduates of medical school must have the knowledge and skills to function in a broad variety
of clinical situations and to render a wide spectrum of patient care. The COM of the University of
South Florida acknowledges Section 504 of the 1973 Vocational Rehabilitation Act and PL 101-
336, the Americans with Disabilities Act (ADA), and also ascertains that certain minimum
technical standards must be present in the prospective candidates.

A candidate for the M.D. degree must have aptitude, abilities, and skills in five areas:
observation; communication; motor; conceptual, integrative and quantitative; and behavioral and
social. Technological compensation can be made for some handicaps in these areas, but a
candidate should be able to perform in a reasonably independent manner. The use of a trained
intermediary would mean that a candidate's judgment must be mediated by someone else's
power of selection and observation. Therefore, third parties cannot be used to assist students
in accomplishing curricular requirements in the five skill areas specified above. Reasonable
accommodation can be made as appropriate, for disabilities.

1. Observation

The candidate must be able to observe demonstrations and participate in experiments in the
basic sciences, including, but not limited to, physiologic and pharmacologic demonstrations in
animals, microbiologic cultures, and microscopic studies of microorganisms and tissues in
normal and pathologic states. A candidate must be able to observe a patient accurately at a
distance and close at hand. Observation necessitates the functional use of the sense of vision
and other sensory modalities. It is enhanced by the functional use of the sense of smell.

2. Communication

A candidate should be able to speak, to hear and to observe patients in order to elicit
information, describe changes in mood, activity and posture, and perceive nonverbal
communications. A candidate must be able to communicate effectively and sensitively with
patients. Communication includes not only speech, but reading and writing. The candidate
must be able to communicate effectively and efficiently in oral and written form with all members
of the healthcare team. A candidate must possess reading skills at a level to be able to
independently accomplish curricular requirements and provide clinical care for patients.
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3. Motor Coordination and Function

Candidates should have sufficient motor function to elicit information from patients by palpation,
auscultation, percussion, and other diagnostic maneuvers. A candidate should be able to do
basic laboratory tests (urinalysis, CBC, etc.), carry out diagnostic procedures (proctoscopy,
paracentesis, etc.) and read EKGs and X-rays. A candidate should be able to execute motor
movements reasonably required to provide general care and emergency treatment to patients.
Examples of emergency treatment reasonably required of physicians are cardiopulmonary
resuscitation, the administration of intravenous medication, application of pressure to stop
bleeding, the opening of obstructed airways, the suturing of simple wounds, and the
performance of simple obstetrical maneuvers. Such actions require coordination of both gross
and fine muscular movements, equilibrium and functional use of the senses of touch and vision.

4. Intellectual, Conceptual, Integrative and Quantitative Abilities

Candidates should exhibit abilities including measurement, calculation, reasoning, analysis, and
synthesis. Problem solving, the critical skill demanded of physicians, requires all of these
intellectual abilities. In addition, the candidate should be able to comprehend three-dimensional
relationships and to understand the spatial relationships of structures.

5. Behavioral and Social Attributes

Candidates must possess the emotional health required for full use of their intellectual abilities,
the exercise of good judgment, the prompt completion of all responsibilities attendant to the
diagnosis and care of patients, and the development of mature, sensitive and effective
relationships with patients. Candidates must be able to tolerate physically taxing workloads and
to function effectively when stressed. They must be able to adapt to changing environments, to
display flexibility and to learn to function in the face of uncertainties inherent in the clinical
problems of many patients. Empathy, integrity, concern for others, interpersonal skills, interest
and motivation are all personal qualities that should be assessed during the admission and
educational processes.

Candidates for the M.D. degree must have somatic sensation and the functional use of the
senses of vision and hearing. Candidates' diagnostic skills will also be lessened without the
functional use of the senses of equilibrium, smell and taste. Additionally, they must have
sufficient exteroceptive sense (touch, pain and temperature), sufficient proprioceptive sense
(position, pressure, movement, stereognosis and vibratory) and sufficient motor function to
permit them to carry out the activities described in the section above. They must be able to
consistently, quickly, and accurately integrate all information received by whatever sense(s)
employed, and they must have the intellectual ability to learn, integrate, analyze and synthesize
data.

The COM of the University of South Florida will consider for admission to medical school any
applicant who demonstrates the ability to perform or to learn to perform the skills listed in this
document. Students will be judged not only on their scholastic accomplishments, but also on
their  physical  and  emotional  capacities  to  meet  the  full  requirements  of  the  school’s  curriculum,  
and to graduate as skilled and effective practitioners of medicine.

6. Technical Requirements

The following technical requirements apply:

a. The candidate must be able to observe demonstrations and participate in experiments in
the basic sciences.

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b. The candidate must be able to analyze, synthesize, extrapolate, solve problems, and
reach diagnostic and therapeutic judgments.

c. The candidate must have sufficient use of the senses of vision and hearing and the
somatic sensation necessary to perform a physical examination. The candidate must be
able to perform palpation, auscultation, and percussion.

d. The candidate must reasonably be expected to relate to patients and establish sensitive,
professional relationships with patients.

e. The candidate must reasonably be expected to communicate the results of the

examination to the patient and to his/her colleagues with accuracy, clarity and efficiency.

f. The candidate must reasonably be expected to learn and perform routine laboratory
tests and diagnostic procedures.

g. The candidate must reasonably be expected to perform routine invasive procedures as a

part of training using universal precautions without substantial risk of infection to
patients.

h. The candidate must reasonably be expected to perform with precise, quick and
appropriate actions in emergency situations.

i. The candidate must reasonably be expected to display good judgment in the

assessment and treatment of patients.

j. The candidate must reasonably be expected to possess the perseverance, diligence, and
consistency to complete the medical school curriculum and enter the independent
practice of medicine.

k. The candidate must reasonably be expected to accept criticism and respond by

appropriate modification of behavior.

B. ATTENDANCE GUIDELINES

Students are expected to attend all scheduled hours of instruction. Mandatory sessions and
participation requirements in basic science and clinical science courses are determined for
individual courses by the various departments. Recognizing that situations arise which require
students to miss time from their course/clinical responsibilities, the procedures presented below will
be followed when absence is necessary:

Basic Science Courses – Year 1 and Year 2

i. Emergencies for Personal Illness, Family Illness, etc.

In the event of sudden illness or other need for absence with short notice, both the Course
Director and Student Affairs must be notified either by e-mail or telephone. If the absenteeism
will result in the student missing a scheduled exam or mandatory course session, the student must
telephone or e-mail the Office of Student Affairs ([email protected]) to report his/her
absenteeism as far in advance as possible and no later than on the first day of being absent. The
student should indicate the nature of the emergency. The student must also complete and submit
the Mandatory Class Absence Report Form to the Office of Student Affairs (OSA). The OSA will
take whatever action is necessary and will notify the Department of the student's absence. If
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possible the student should contact the Course Director or the department. Specifics on planned
and unplanned absences, as well as unexcused absences are listed below.
ii. Exam Attendance Pr9ocedures for Years 1 and 2

Students are expected to attend all scheduled hours of instruction. However, attendance at all
examinations is mandatory, and all students should take the examinations on the day and time
scheduled.

Planned Absence
Students will be excused from scheduled class examinations only for the most extraordinary of
circumstances, such as personal illness or personal emergencies (e.g., automobile accident,
death in the family, etc.). Absence for attendance at a professional meeting or other
extracurricular affair should be submitted for approval at least 6 weeks prior to the event through
the Office of Student Affairs. While each request for absence will be considered on a case-by-
case basis, personal travel plans and the like should not be considered valid excuses for
missing an exam.

To receive an excused absence, a student must contact the Office of Student Affairs (OSA) as
soon as possible before the exam occurs. Complete and sign a Request for an Excused
Absence From Exam Form, attesting to its accuracy based on the USF COM Honor Code. The
Associate Dean of Student Affairs or designee will make the final determination to grant or deny
the request. The OSA subsequently will notify the affected course directors associated with the
exam and the Office of Educational Affairs.

Unplanned Absence
If a student requires an excused absence on the day of an exam, he/she must contact the OSA
by 8:30 a.m. on the day of the exam. When the student returns to school, he/she must fill out
and sign the Mandatory Class Absence Report Form. Documentation for the absence to be
excused  (physician’s  note,  accident  report,  etc.)  will  be  at  the  discretion  of  the  OSA.  

Students who miss an examination for any reason are required to contact the Office of
Educational Affairs (974-2435) prior to returning to class to determine the date and time of the
make-up examination. Dates and times of make-up examinations are determined by the
Associate Dean for Undergraduate Medical Education in consultation with course directors.

In general, make-up examinations for years 1 and 2 courses must be taken within 48 hours of
the   original   examination   date.   If   a   student’s   absence   from   an   examination   is   unexcused,   the  
grade  recorded  for  the  exam  will  be  the  student’s  actual  score  or  69,  whichever  is  lower,  and  will  
not include a group score. A second unexcused absence will result in a grade of “0” and action
taken by the Academic Performance Review Committee (APRC) regarding professionalism.

iii. Mandatory Course-Specific Events

In addition to examinations, each course in years 1 and 2 may have course-specific mandatory
events, such as laboratories, small group sessions, etc. These are identified in the syllabus
distributed at the beginning of each course, and students are required to attend these
mandatory events.

Planned Absence
In general, in order to be excused from one of these events, the same procedure for
examinations is followed except that the student must first contact the Course Director directly
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with a copy of the request to the OSA. The Mandatory Class Absence Request Form should be
completed and given to the Course Director as soon as possible for planned absences. The
Course Director will make the determination to grant or deny a request in addition to any
required remediation.

Unplanned Absence
An unanticipated absence on the day of an event requires notification of the Course Director
and the OSA. Upon returning to campus, the Mandatory Class Absence Request Form should
be completed and given to the Course Director. The Course Director will make the
determination to grant or deny the request in addition to any required remediation.

Students who miss course-specific mandatory events are expected to acquire the same level of
competency as other students involved in the course. Therefore, students with an excused
absence may be assigned work to complete by the Course Director in order to remediate. In the
case of an unexcused absence the  Course  Director  may  assign  a  “0”  or  no  credit for the missed
work and/or require other remediation at his/her discretion. Multiple absences, or a prolonged
absence, could result in failure of the course or a grade of "Incomplete," at the discretion of the
Course Director. In any event all absences for course-specific mandatory events and the
outcome should be reported to the OSA by the Course Director.

Clerkships – Year 3 and Year 4

During   the   clinical   years   the   student’s   responsibilities   lie   within   the   individual   clerkship.    
Attendance within a given clerkship is a demonstration of attitude and professional
behavior. This behavior impacts all members of the healthcare team including fellow
students and patients. Any absence from the clerkship may have a direct impact on student
performance, the broad-spectrum clinical experience, evaluation of professionalism, overall grade
and the successful completion of the clerkship.

Consequences of absences will be indicated in each clerkship syllabus.

Students are expected to attend all scheduled clerkship didactic conferences, lectures, workshops
and daily patient rounds. Mandatory sessions and participation requirements in the clinical
years are determined for individual clerkships. Recognizing that situations arise that require
students to miss time from their lectures/clinical responsibilities, the procedures presented below
will be followed when an unplanned absence is necessary.

i. Emergencies for Personal Illness, Family Illness, etc.

The student will contact the direct supervising preceptor and resident/intern/rotation or section
head and the Clerkship Director in charge to report his/her absenteeism on the first day of being
absent. He/she should indicate the nature of the unexpected illness or emergency. The Office of
Student Affairs (OSA) must be notified of all absences by telephone (813-974-2068) or via e-mail
([email protected]). It will be the prerogative of the Clerkship Director, following
consultation with the student, to excuse the absence or request additional information about the
absence.     This   may   include   requesting   a   physician’s   note   or   an   explanation   of   the   absence   in  
detail. The Absence Report Form will be completed by the student and forwarded to Student
Affairs and copied to the Clerkship Director and clerkship coordinator.

In order to be excused from a mandatory clerkship event the student must first contact the
Clerkship Director directly and send a copy of the request to the Office of Student Affairs and the
clerkship coordinator. The Clerkship Director will make the determination to grant or deny a
request in addition to any required remediation.

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At the full discretion of the Clerkship Director excused absences may require remediation of
missed clerkship work, additional days and/or additional material and may proportionally affect the
final grade of the clerkship.

ii. Scheduled Time Off for Interviews, Out of Town Meetings, etc.

The student will submit a written request to the Clerkship Director for permission to miss any clinic
or ward experience, scheduled exams, clerkship projects, or mandatory sessions for interviews or
out of town meetings. The forms are called Absence Request Form and Exam Absence Request
Form.

A copy of the written request must be sent to the Office of Student Affairs and the clerkship
coordinator. The request should be submitted 6 weeks in advance or as soon as the student
knows of the scheduled event PRIOR to the start of the clerkship. Last minute requests (received
after the start of the clerkship) will require supporting documentation. The decision to grant or
deny the request and determine subsequent action will be at the full discretion of the
Clerkship Director. As such any excused absences may require additional days and/or
additional material and may proportionally affect the final grade.

Consideration will be given for activities such as elected student representation to various
committees  and/or  organizations.    The  Clerkship  Director  will  respond  to  the  student’s  request  in  
writing with a copy to the Office of Student Affairs. The student must provide any supporting
documentation requested to the Office of Student Affairs addressing absenteeism. Students who
miss scheduled hours are expected to acquire the same level of competency as other
students involved in the clerkship. Lectures, reading assignments and work load will not
be re-created or offset to accommodate any absences.

Opportunities for remediation of missed clinical time, mandatory clerkship components and/or
additional material (if deemed necessary by the individual Clerkship Director) will be scheduled so
as to not impact the clinical experience of the other students in the clerkships or detract from the
required components of the current clerkship or other clerkships in which they are enrolled. Written
permission from the current Clerkship Director is required for absences for any instances of
remediation.

In  the  student’s  elective  (4th Year) it is recommend that no time is used from a required clerkship to
fulfill any missing components from another required clerkship unless the student receives
permission in writing from the affected Clerkship Director and it is copied to the Associate Dean for
Student Affairs, the Associate Dean for Undergraduate Medical Education and the Vice Dean for
Educational Affairs.

Excused absences may proportionally affect final grade and/or may require remediation of missing
course work, additional days and/or additional material at the discretion of the Clerkship Director.

Students are expected to fulfill all time commitments for the clerkship. All missed time must be
made up. The appropriate   timing   for   the   remediation   will   be   subject   to   the   Clerkship   Director’s  
discretion and should be fulfilled within a 2-month period.

Mandatory components from all required clerkships must be completed prior to graduation.

iii. Medical Student Hours in Clinical Years

Students are limited to a maximum of 80 duty hours per week including in-house call,
averaged over four weeks.

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Students must be given one day out of seven free from all clinical and educational
responsibilities, averaged over four weeks.
Students cannot be scheduled for in-house call more than once every three nights,
averaged over four weeks.
Students should be given at least ten hours for rest and personal activities between daily
duty periods and after in-house call. Violations should be reported to the Associate Dean of
Student Affairs.
Students, residents and faculty are not permitted to allow/require deviation. Violations
should also be discussed with clerkship directors, either directly or via clerkship liaisons.

Religious Observations

All students, faculty and staff at the University of South Florida have a right to expect that the
University will reasonably accommodate their religious observances, practices and beliefs.
Students are expected to attend classes and take examinations as determined by the University.
The University will attempt, at the beginning of each academic term, to provide written notice of the
class schedule and formal examination periods. The University, through its faculty, will make every
attempt to schedule required classes and examinations in view of customarily observed religious
holidays  of  those  religious  groups  or  communities  comprising  the  University’s  constituency.  

No student shall be compelled to attend class or sit for an examination at a day or time prohibited
by his/her religious belief. Students are expected to notify their Clerkship
Directors/coordinators if they intend to be absent for an announced examination, in
accordance with this guideline, prior to the scheduled religious holiday.

Holidays

Students are expected to report to their scheduled clinical duties during secular holidays unless
otherwise specified by their Clerkship Director.

Any student who believes that he/she has been treated unfairly with regard to the above should
contact the Office of Student Affairs.

Student Mistreatment / Unprofessional Behavior Reporting

Students who experience any incident that they feel is abuse, mistreatment or unprofessional
behavior should communicate this to Dr. Specter or Ms. Schutz in the Office of Student Affairs as
noted in the Student Handbook. If anyone has concerns about confidentiality they can
communicate anonymously using the Professionalism Survey Form.

Professionalism

As a medical student at USF you are responsible to adhere to the guidelines set forth in the
College of Medicine M.D. Student Handbook.

Getting Help

Any student having academic or personal problems during the rotation is encouraged to contact
the Clerkship Director or Student Affairs as soon as possible. In this way we can provide the
student appropriate counseling during the rotation. If there are academic concerns regarding the
student’s   rotation   we   can   make   the   appropriate   suggestions.     Alternatively   if   there   are   other  
problems we can place you in contact with the appropriate services available to our medical

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students. It is the responsibility of the student to advise the Clerkship Director if he/she requires
special accommodations.

Senior Electives – Absence Guidelines

The student will telephone the individual faculty member, or resident responsible for the course, to
report his/her absenteeism on the first day of being absent. The Student Affairs Office should be
notified of all absences by telephone (974-2068) or e-mail ([email protected]). The faculty
member may excuse the absence and forward the completed Mandatory Class Absence Report
Form to the Student Affairs Office.

C. ACADEMIC GUIDELINES

1. Communication

E-mail is the official method of communication between the University of South Florida’s  COM  
faculty and all medical students. Therefore, it is your responsibility to check your Health
Sciences Center (HSC) e-mail account correspondence daily. You will be held accountable for
a timely response to all e-mail transmission requests.

2. Faculty Medical Learner Compact

Adapted Directly from the AAMC

Preparation for a career in medicine demands the acquisition of a large fund of knowledge and
a host of special skills. It also demands the strengthening of those virtues that undergird the
doctor/patient relationship and that sustain the profession of medicine as a moral enterprise.
This Compact serves both as a pledge and as a reminder to teachers and learners that their
conduct in fulfilling their mutual obligations is the medium through which the profession
inculcates its ethical values.

GUIDING PRINCIPLES
DUTY Medical educators have a duty, not only to convey the knowledge and skills
required   for   delivering   the   profession’s   contemporary   standard   of   care,   but   also   to  
inculcate the values and attitudes required for preserving the medical profession’s  social  
contract across generations.
INTEGRITY The learning environments conducive to conveying professional values
must be suffused with integrity. Students learn enduring lessons of professionalism by
observing and emulating role models who epitomize authentic professional values and
attitudes.
RESPECT Fundamental to the ethic of medicine is respect for every individual. Mutual
respect between learners, as novice members of the medical profession, and their
teachers, as experienced and esteemed professionals, is essential for nurturing that
ethic. Given the inherently hierarchical nature of the teacher/learner relationship,
teachers have a special obligation to ensure that students and residents are always
treated respectfully.

COMMITMENTS OF FACULTY
We pledge our utmost effort to ensure that all components of the educational program
for students and residents are of high quality. As mentors for our student and resident
colleagues, we maintain high professional standards in all of our interactions with
patients, colleagues, and staff.

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We respect all students and residents as individuals, without regard to gender, race,
national origin, religion, or sexual orientation; we will not tolerate anyone who manifests
disrespect or who expresses biased attitudes towards any student or resident.
We pledge that students and residents will have sufficient time to fulfill personal and
family obligations, to enjoy recreational activities, and to obtain adequate rest; we
monitor and, when necessary, reduce the time required to fulfill educational objectives,
including  time  required  for  “call”  on  clinical  rotations,  to  ensure  students’  and  residents’  
well being.
In nurturing both the intellectual and the personal development of students and
residents, we celebrate expressions of professional attitudes and behaviors, as well as
achievement of academic excellence.
We do not tolerate any abuse or exploitation of students or residents.
We encourage any student or resident who experiences mistreatment or who witnesses
unprofessional behavior to report the facts immediately to appropriate faculty or staff; we
treat all such reports as confidential and do not tolerate reprisals or retaliations of any
kind.

COMMITMENTS OF STUDENTS AND RESIDENTS

We pledge our utmost effort to acquire the knowledge, skills, attitudes, and behaviors
required to fulfill all educational objectives established by the faculty.
We cherish the professional virtues of honesty, compassion, integrity, fidelity, and
dependability.
We pledge to respect all faculty members and all students and residents as individuals,
without regard to gender, race, national origin, religion, or sexual orientation.
As physicians in training, we embrace the highest standards of the medical profession
and pledge to conduct ourselves accordingly in all of our interactions with patients,
colleagues, and staff.
In fulfilling our own obligations as professionals, we pledge to assist our fellow students
and residents in meeting their professional obligations, as well.

a. Violations of Faculty Learner Compact

Student reporting of faculty or resident violations of conduct as it relates to students shall be to

the Office of Student Affairs through the Associate Dean for Student Affairs. An alternate site of
reporting is through the Associate Dean for UME or the Vice Dean for Educational Affairs.
Violations of the standards of conduct by faculty as enumerated in the Faculty Medical Learner
Compact or of University Policies shall be relayed to the Faculty Affairs dean (currently Senior
Executive Associate Dean for Academic and Faculty Affairs) for appropriate action. Violations
by residents will be forwarded to the Associate Dean for Graduate Medical Education for action.

Approved by Committee on Professional Student Affairs 2/28/2007

Approved by the Dean, College of Medicine 2/28/2007

3. Performance Standards

The faculty and director of each course/clerkship (for simplicity the term course will be inclusive
of courses and clerkships) define the criteria for acceptable academic performance in that
course. Evaluation of academic performance may include (but is not necessarily limited to)
measuring   the   student’s   knowledge,   measuring   how   the   student   applies   such   knowledge   to  
specific problems, evaluating the judgment a student employs in solving problems and
assessing  the  quality  of  the  student’s  psychomotor  skills,  professional conduct, ethical behavior
and interpersonal relationships with medical colleagues, patients and patients' families.
Students’  performance  in  academic  course  work  will  be  evaluated  by  assignment  of  grades  of  
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 A-92
Honors (H), Pass with Commendation (PC), Pass (P), Fail (F), Remediation Required (R), or
Incomplete (I). Passing grades are H, PC, and P in order of excellence. Alternatively, the
Committee on Curriculum may assign a particular course to be graded Satisfactory (S) or
Unsatisfactory (U) only, in which case no assignment of a numerical score will apply to
determination of class rank. Deficient grades are defined as F, U, R or I. The F, U, R or I grade
may be given to a student who fails to complete course requirements, who fails to demonstrate
appropriate professional behaviors, or who fails to attend or participate in required course
activities.

The   Academic   Performance   Review   Committee   (APRC)   reviews   each   student’s   performance  
and makes recommendations to the Dean and the Executive Council of the COM regarding
promotion and graduation. The committee includes the Course Directors of the COM, the
Associate Dean of Undergraduate Medical Education, the Associate Dean for Student Affairs,
and the Dean's designee, who serves as chairperson.

The overall performance of a student will be considered by the APRC in preparing

recommendations regarding promotion, graduation, and general academic progress of the
students. Information upon which recommendations will be based includes grades, written
evaluations, and cognitive and non-cognitive data submitted by the faculty of the various
curricular units. All students will be informed of their academic progress on a regular basis.

Students must receive a passing grade in every course to be recommended for promotion and
graduation. Any student with a deficient grade, who is granted approval by the APRC to
remediate the deficiency, must complete the required remedial coursework with a passing
grade. Remediation requirements (Section IV, D, 4, b) will be determined by the appropriate
Course Director and approved by the chairperson of the respective department and the APRC.
Remediation must be completed prior to progression to the next academic year unless the plan
for remediation submitted by the Course Director and approved by the APRC allows
continuation into the first months of the next academic year. Any incomplete coursework must
be completed within a prescribed period or the grade will be converted to an F.

4. Grade Determination

The generally accepted standards for grade levels are:

H= 90% or above
PC = 80%-89%
P= 70%-79%
F= 69% or lower
I = all course requirements have not been completed
R= all course requirements have not been successfully completed and one or more
require(s) remediation
W = withdraw, without penalty
WP = withdraw, passing
WF = withdraw, failing status for a course
Any alteration to this method of grade determination will be listed in a course syllabus available
to students no later than the first day of class.

5. Clerkship Grading, Evaluation and Scheduling

a. Grading Standards

i. Year 3

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For all clerkships for which NBME subject examinations are administered, minimum
guidelines of performance have been set in order for students to be considered for each
grade level as follows:

Passing = clerkship dependent - see Clerkship Manual

PC = 45th percentile or greater
H = 70th percentile or greater

Regardless of a   student’s   course average the Clerkship Directors have agreed upon
these minimum standards to enable students to qualify for each grade category.
Students may receive a grade that is above these minimum standards in extraordinary
cases where there has been superior clinical performance and a justification is written
explaining the exception to this guideline.

It should be noted that achieving a qualifying percentile score on the NBME subject
exam places a student in consideration for a certain grade. However, achieving a
qualifying percentile score does not ensure/guarantee that particular grade. A  student’s  
final clerkship grade is a compilation of all course components.

For determination of class rank purposes only, grades will be assigned using a plus (+) /
minus (-) system. Only a full letter grade will be reported on transcripts.

ii. Year 4

Subject exams are not utilized during any of the Year 4 required clerkships. See specific
clerkship syllabi for grading standards.

b. Medical Student Hours in Clinical Years

Students are limited to a maximum of 80 duty hours per week, including in-house call,
averaged over four weeks.

Students must be given one day out of seven free from all clinical and educational
responsibilities, averaged over four weeks.

Students cannot be scheduled for in-house call more than once every three nights,
averaged over four weeks.

Students should be given at least 10 hours for rest and personal activities between daily
duty periods and after in-house call.

Violations of this standard should be reported to the Associate Dean of Student Affairs.
Students. Residents and faculty are not permitted to allow/require violation of any
portion of this standard. Violations should also be discussed with clerkship directors,
either directly or via clerkship liaisons.

c. Supervision of Clinical Experiences of Medical Students

In the provision of medical care a medical student shall not function independently
without the supervision of a physician. All chart entries made by students must be
countersigned by a physician.

d. Clerkship Grading and Evaluation

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Students are referred to their Clerkship Manual for grading distribution and evaluation
policies in individual clerkships.

6. Requirements for Graduation

For a student to be recommended for graduation, he or she must have satisfied the COM faculty
in terms of ability and professional behavior by obtaining a passing grade in all courses of the
established curriculum leading to the M.D. degree. Transfer students admitted with advanced
standing from an approved medical school must complete, at the minimum, the 3rd and 4th
years of the curriculum at the University of South Florida COM. For graduation the student must
have passed Step 1, Step 2 Clinical Knowledge Examination (2CK) and Step 2 Clinical Skills
Examination (2CS) of the United States Medical Licensing Examination and reported a score to
the COM. The student must have successfully completed: a course in Advanced Cardiac Life
Support (ACLS), Clinical Practice Examination (CPX), Observed Structured Clinical
Examination (OSCE), History and Physical Examination (Comprehensive Clinical Evaluation
Encounter), and made the appropriate arrangements to discharge all financial obligations to the
university. The only exception is the repayment of loans that have a specified maturity date.
Unless prior arrangements have been approved by the Associate Dean for Student Affairs or
the Vice Dean for Educational Affairs the student must have accepted an approved residency
for graduate medical education.

7. Class Rank

Class Rank (CR) is a numerical parameter (similar to GPA) indicative of an individual student's
academic performance in relationship to the academic performance of the other students in the
same class year. Class rank is calculated by determining a numerical parameter that describes
each individual student's accomplishments. Once this individual score has been determined for
each student, students are ranked by this score (e.g. arrange the students in order with the
highest score first descending to student with the lowest score). Ordered students are then
numbered with #1 for the highest score and #n for the lowest score, where n = number of
students on the list. The student with the highest score is ranked #1 and the second highest
score is ranked #2, and so on, for the remainder of students on the list.

The system of CR determination at the USF COM uses an algorithm that allows a computer to
perform this task. The system accommodates special circumstances such as students who
have progressed on a different academic pathway due to leave of absence, academic repeats,
etc. Changes in curriculum from year to year are also accommodated.

The following describes specifics of the USF COM class ranking procedure:

The   system   uses   the   university’s   computer   program   that provides grading and transcript
functions for the Registrar. For every student there is a record created in the database for each
course in which the student has been enrolled. In addition to a letter grade, each student is
assigned a numerical grade for that course. This numerical grade is only for those classes
taken during year I, II and III. Class rank is determined cumulatively at the conclusion of each
academic year.

The score to determine Class Rank is a product of each student's individual course numeric
grades. The term "%Performance" (%P) is used to designate the score used to determine CR,
calculated as follows:

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 A-95
n
Coursei Grade% X Coursei ContactHours
i=1
%Performance = n
X 100
Coursei ContactHours
i=1

Where n = number of Courses

For each course, the course grade % is multiplied by the course contact hours. Course contact
hours is a numerical value assigned to a course by the Curriculum Committee and it represents the
amount of time a student is involved with this course. Mathematically it represents a weight
parameter. Contact hours for a course may vary from year to year. Next the computer calculates
the sum of all course contact hours. The sum of the course grade % X course contact hours is
divided by the sum of the course contact hours. By doing this we have stated, for example, that
"this student has scored 910.3 points out of a possible 1000 points". The result of this calculation is
always a number between 0 and 1 and it is multiplied by 100 to transform the final term to a
number between 0 and 100. This is called %Performance. This parameter is a representation of a
student's accomplishments as a percent of the possible maximum accomplishment.
%Performance has been determined using the weighted parameter of contact hours like overall
GPA uses semester hours.

Transfer students will be subject to rank calculation based on the grades for course work
completed at the USF COM only. Course work taken at other institutions will be given the grade of
(TC) Transfer Credit and will not be used for rank calculation.

When a student repeats course work, the following factors apply in calculating class rank:

a. Year 1 and Year 2

i. Each student is assigned a numerical grade based on the arithmetic average of their
performance in each course.

ii. When a student repeats an entire year, resulting in a delay in the student's year of
graduation, the original grades of completed courses, as well as the current repeated
course grades are included in the equation. This in essence will cause a mathematical
averaging of the previous and current numerical grades assigned to the courses. If the
entire year is repeated, the student's transcript will be annotated to indicate that the
academic year was repeated.

iii. When a student remediates a part of either year 1 or 2 (i.e., one or more courses during the
academic year or as a summer remediation) so that there is no delay in the student's year
of graduation, the maximum grade and grade points issued will be P = 70.

b. Year 3

i. Each student is assigned a numerical grade based on the following scheme:

The plus/minus system is solely for the purpose of creating a more discriminating
mechanism for class rank determination and will not be reflected on transcripts.

F = 68 P- = 72 P = 75 P+ = 78 PC- = 82
PC = 85 PC+= 88 H- = 92 H = 95 H+ = 98
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 A-96
ii. When a student is required to repeat all or a part of the clerkship year that results in a delay
in the student's year of graduation, the student will receive the grade earned for any
clerkship previously passed or for which no grade was recorded. For clerkships in which
the grade was F or R, the student will receive a maximum of P = 72 for the repeated
course. (A PC grade may be issued if a student has a PC+ or H standing in other
evaluation  categories  and  scores  ≥  50th  percentile  on  the  departmental  or  NBME  subject  
exam retake at the discretion of the course director.) For clerkships in which a grade is
recorded both years, the grade for ranking will be the mean of the two grades.

iii. Students who are repeating one or more courses of the clerkship year, but less than the
entire year, not resulting in a delay in the student's year of graduation, will receive a
maximum value of P = 72 for the repeated courses. Both the original grade and repeated
grade will be recorded on the transcript.

iv. When a student has passed all clinical aspects of a course, but receives a failing grade on
an end of course exam (departmental or NBME Subject Exams) and must retake the
examination, the student will receive an "R" until the exam is retaken. If passed, the
maximum grade issued will usually be a P = 72. (A PC grade may be issued if a student
has a PC+ or H standing in other  evaluation  categories  and  scores  ≥  50th  percentile  on  the  
departmental or NBME subject exam retake at the discretion of the course director.)

8. Unsatisfactory Performance

A student who has unsatisfactory academic performance (one or more deficient grades) will be
reviewed by the Academic Performance Review Committee (APRC). See Section IV, D, 1, 2, and
4 below.

9. Academic Honesty Guidelines

Students attending the USF COM are awarded academic degrees in recognition of successful
completion of course work in the study of medicine. Each individual is expected to earn his or her
degree on the basis of personal effort. Consequently, any form of cheating on examinations or
plagiarism on assigned papers constitutes unacceptable deceit and dishonesty. Disruption of the
classroom or teaching environment is also unacceptable. Unprofessional behaviors cannot be
tolerated in the university community and will be punishable, according to the seriousness of the
offense, in conformity with established rules and procedures.

All students are required to abide by the USF Academic Dishonesty and Disruption of Academic
Process Guidelines that have been accepted by the university and are displayed in detail in the
USF Student Handbook. Violations of the Academic Honesty Guidelines include, but are not limited
to, the items listed below:

1. Plagiarism — Plagiarism is defined as literary theft and consists of the unattributed

quotation of the exact words of a published text, or the unattributed borrowing of
original ideas by paraphrase from a published text. Plagiarism also consists of
passing  off  as  one’s  own,  segments  or  the  total  of  another person's work. A more
comprehensive definition is in the USF Student Handbook.

2. Cheating — Cheating is defined as follows: (a) the unauthorized granting or

receiving of aid during the prescribed period of a course-graded exercise:
students may not consult written materials such as notes or books, may not look
at the paper of another student, nor consult orally with any other student taking
the same test; (b) asking another person to take an examination in his/her place;
(c) taking an examination for or in place of another student; (d) stealing visual
concepts, such as drawings, sketches, diagrams, musical programs and scores,
graphs, maps, etc., and presenting them as one's own; (e) stealing, borrowing,
buying, or disseminating tests, answer keys or other examination material except
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 A-97
as officially authorized, research papers, creative papers, speeches, etc. (f)
stealing or copying of computer programs and presenting them as one's own.
Such stealing includes the use of another student's program, as obtained from
the magnetic media or interactive terminals or from cards, print-out paper, etc.

3. Disruption of Academic Process — Disruption of academic process is defined as

the act or words of a student in a classroom or teaching environment which in the
reasonable estimation of a faculty member: (a) directs attention from the
academic matters at hand, such as noisy distractions; persistent, disrespectful or
abusive interruptions of lecture, exam or academic discussions, or (b) presents a
danger to the health, safety or well being of the faculty member or students.

a. Procedure

Specific, detailed guidelines for procedure are contained in the USF Student Handbook and will
be adhered to when alleged violations of academic honesty guidelines by students of the COM
are reported by staff or faculty. When allegations of student violations of academic honesty
guidelines are made by other students they shall be handled in accordance with Honor Code
Section 3 of this document.

Alleged violations of academic honesty guidelines will be handled initially by the instructor, who
will discuss the incident with the student. It must be noted that the Faculty of the College
considers the traditional relationship between student and faculty member as the primary
means of settling disputes that may arise. If the faculty member and the student are unable to
reach a mutual agreement as to the solution of the problem, a meeting consisting of the
instructor, the student and the chairperson of the appropriate department shall be arranged. If
this meeting fails to bring about a satisfactory solution, the student shall ask for a meeting with
the Associate Dean of Student Affairs, with the instructor present. If no solution is reached, then
the Dean of the COM shall appoint a student/faculty committee consisting of an equal number
of students and faculty to hear the two sides of the incident and to advise the Dean regarding
the disposition of the case.

b. Consequences

Punishment for the violation of any of the academic honesty guidelines will depend on the
seriousness of the disruption and will range from a private verbal reprimand to dismissal from
the COM.

c. Appeal

Students have the right to appeal disciplinary actions to the appropriate committee through the
COM Office of Student Affairs. Such appeals must be submitted in writing within ten (10) school
days of notification of the decision.

D. MEDICAL STUDENT ADVANCEMENT POLICIES, PROCEDURES AND DUE

PROCESS

1. Grade Appeal Process

a. Basis for Appeal

i. A student may appeal a course grade if the student has evidence that the grade was
assigned in an erroneous manner. This is not a process for appeal of established
departmental grading policies. The following procedure provides guidelines for the appeal
process. All persons concerned with this process should make every attempt to adhere to
the approximate time schedule outlined in the following description of the appeal process.

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 A-98
b. Appeal to the Faculty Member for Review of the Assigned Grade

i. Within ten (10) school days* after the receipt of the grade, the student may appeal in writing
to the responsible faculty member any assigned grade that they dispute. The faculty
member will review the course grading guidelines with the student to ensure that the
process is understood and has been followed. If it is found that the assigned grade is
incorrect in the judgment of the faculty member, he/she will initiate the appropriate change.
If the change is made at this point, the matter is concluded. The faculty member will
respond in writing to the student within ten (10) school days of the student's request for
review.

*All actions related to the appeals process are expected to be taken within two (2) weeks of
receipt; however, in instances where holidays or vacation intervene, action must be taken
within ten (10) weekdays on which classes are held.

ii. If the faculty member is no longer with the University, the student shall confer with the
departmental chairperson who will then make every effort to receive written input
concerning the matter from the former faculty member. If it is not possible to receive
information from the former faculty member regarding the grade, then the student may
appeal the grade as described below and the departmental chairperson will represent the
interests of the faculty member who issued the grade.

c. Appeal to the Department Chairperson*

i. If the question of the assigned grade cannot be resolved between the student and the
faculty member, the student may appeal in writing to the chairperson of the department in
which the course was taught. This appeal must be made within ten (10) school days
following the initial faculty member review. The student shall include all relevant
information relating to the appeal with the written appeal. After receiving such an appeal in
writing from the student, the chairperson shall review with the faculty member the
substance of the student's appeal and seek to determine its validity.

ii. If the chairperson determines that the assigned grade is, in his/her judgment, inappropriate,
the chairperson should recommend to the faculty member that the grade be changed. The
faculty member may or may not concur with the chairperson's recommendation.

*When a course is not a departmentally supervised course, the Associate Dean for
Undergraduate Medical Education (UME) shall be the authority to whom an appeal is
made in lieu of the department chairperson.

iii. The chairperson/Associate Dean will notify the student in writing, within ten (10) school days
of receipt of the appeal, whether or not the assigned grade will be changed by the faculty
member.  If  the  grade  is  changed  to  the  student’s  satisfaction,  the  matter  is  concluded.  If  the  
grade is not changed, the chairperson/Associate Dean will advise the student of the right of
appeal to the Vice Dean for Educational Affairs

iv. If the student elects to appeal, copies of all written communication mentioned above shall
be sent by the chairperson/Associate Dean to the Vice Dean for Educational Affairs as
described below.

d. Appeal to the Vice Dean for Educational Affairs

i. If the grade is not changed to the satisfaction of the student at the departmental level, the
student may appeal the assigned grade, in writing, to the Vice Dean for Educational Affairs.
This appeal must occur within ten (10) school days of receipt of the decision of the
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 A-99
chairperson/Associate Dean. The appeal shall be prepared in writing by the student in
consultation with the Associate Dean for Student Affairs of the COM. The Vice Dean for
Educational Affairs may follow one of two procedures. The Vice Dean for Educational
Affairs may discuss the case with the student, the faculty member, the chairperson of the
department in which the course was taught or the Associate Dean for UME, the Associate
Dean for Student Affairs and the Chair of the APRC. Following these discussions, the Vice
Dean for Educational Affairs may make a recommendation to the faculty member, the
student, and the department chairperson/Associate Dean. If this results in an acceptable
solution to all parties, the matter is concluded. If not, then a Hearing Committee will be
appointed. The Vice Dean for Educational Affairs may, if he/she chooses, appoint a
hearing committee upon receiving the initial appeal. The appeal will be handled as
expeditiously as possible by the Vice Dean for Educational Affairs.

ii. When the decision is made to establish a hearing to investigate an appeal, the Vice Dean
for Educational Affairs shall convene an ad hoc committee comprised of three senior
members of the faculty of the COM who had not previously been involved in issuing the
grade or the appeal process and three medical students, preferably members of the
Student Honor Council, all of whom shall have voting privileges. This committee shall elect
a chairperson and hold a hearing concerning the appeal at a time acceptable to all
participants. At this hearing all material relevant to the appeal shall be presented by the
student, the Associate Dean for Student Affairs, the Chair of the APRC, the faculty member
issuing the grade or raising the concern, the department chairperson (department specific
courses) or the Associate Dean for UME (interdisciplinary courses). Others may be
requested to assist the committee. The student may request to have another individual
present for support.

iii. The Hearing Committee will submit to the Vice Dean for Educational Affairs a written report
containing a recommendation for a specific course of action regarding the student's grade
appeal. If the Committee cannot reach a conclusion, the written report will be submitted to
the Vice Dean for Educational Affairs who will consider the reason(s) why the committee
failed to reach a decision.

iv. The Vice Dean for Educational Affairs will then recommend a solution, which may or may
not contain some or all of the recommendations of the Hearing Committee. As delegated
authority of the Dean, the decision of the Vice Dean for Educational Affairs is final.

2. Academic Performance Review Committee (APRC)

The following defines the composition, purpose, and the rules and guidelines under which the
APRC carries its responsibilities.

a. Purpose

i. The APRC shall review the academic and clinical performance of each Medical Student at
least once during each academic year. This Committee shall recommend to the Dean
appropriate action to be taken for each student, including advancement to the next year,
graduation, remediation, dismissal or readmission.

b. Composition

i. The Committee shall be chaired by the Vice Dean for Educational Affairs or designee and
consist of all Course Directors of required courses or their designees (i.e. co-director) and
the senior administrative officer responsible for Student Affairs (ex-officio, non-voting).

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 A-100
c. Confidentiality

i. Proceedings of the APRC or any appointed committees are confidential. Except as specified
in this Handbook, the meetings will be closed to persons other than University
representatives authorized by the Vice Dean for Educational Affairs.

d. Quorum Requirements

Requirements for Quorum and Adoptive Action for the Committee

i. A quorum for any regular or called meeting of the Committee shall be defined as more than
half of the voting members.

ii. All actions of the Committee will require a simple majority of those in attendance.

e. Roles and Responsibilities of the Academic Performance Review Committee

i. Each student will be considered individually with emphasis upon quality of performance.
The Committee may recommend continued pursuit of medical studies for any student who
is justifiably assumed capable of completing the M.D. degree requirements within the time
limits established in Section IV, D, 4, a.

ii. This Committee will review the progress of all students at least once yearly.

iii. The Committee recommends to the Vice Dean for Educational Affairs:

a. The promotion of a student from one year's study to the next.

b. The certification of a student as qualified to graduate.

c. The placement of a student, when necessary, on a leave of absence for academic

reasons, diagnostic evaluation, medical intervention or personal reasons.

d. The disciplinary action for unethical and/or non-professional behavior or other

misconduct when required.

e. Other remediation as might arise during the course of the educational program.

f. The dismissal of a student from the COM for academic reasons and/or readmission.

iv. The Committee has the authority to take action in the following areas:

a. The formulation of a remedial program (the recommendations of the respective

course director concerning remediation will be the primary consideration for
requirements, subject to review by the Committee).

These programs may include, but are not limited to:

i. Requiring a student to be re-examined or re-evaluated in a course, with or
without a period of tutorial study.

ii. Requiring a student to receive academic tutoring.

iii. Requiring a student to repeat all or part of a year's work or longer if necessary.

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 A-101
b. Placing a student on academic warning and probation as detailed in Section IV, D,
4, b, ii.

c. Reviewing all petitions for readmission following a Committee recommended leave

of absence, and recommending whether or not the student may resume medical
studies. This must be documented in a letter to the student from the Chair of the
APRC.

d. Reviewing and making recommendations concerning a suitable course of study

following a Committee recommended leave of absence.

e. Other actions referred to the Committee for an individual student and not falling
under responsibilities in Section IV, D, 2, e, iii, and iv above.

v. If the action recommended by the Committee is that a student take a leave of absence,
the student may request an appeal of the decision as detailed to follow in Section IV, D,
5, b to follow.

vi. The Vice Dean for Educational Affairs will designate a Chairperson of the Committee.
The Associate Dean for Student Affairs and Chair of the APRC will prepare the agenda
for regular and called meetings. Written notification of Committee action(s) will be sent to
the affected student from the Chair. Verbal discussion of pertinent Committee action(s)
with the individual student to whom such actions apply will be presented by the
Associate Dean for Student Affairs or the Chair of the APRC.

vii. All deliberations of the Committee are strictly confidential. Actions of the Committee are
announced through official channels of the office of the Vice Dean for Educational Affairs
or, in special instances, by means designated by the Committee. Department Chairperson,
or designated Committee representatives may inform appropriate faculty of decisions
concerning student performance. Faculty should be apprised of the confidential nature of
the information.

f. Scheduling and Frequency of Meetings

i. Routine meetings of the Academic Performance Review Committee will be scheduled at the
end of grading periods.

ii. Special meetings will be called by the Chairperson when appropriate information has been
transmitted to him/her requiring a special session.

g. Meeting Agenda Preparation

The agenda of the Academic Performance Review Committee shall consist of the promotion
of students from one year to the next, certification of students for graduation, and
consideration of students in varying degrees of academic difficulty as defined in Section IV,
D, 3, and 4.

Specific students to be discussed are those who have failed a course(s), those who are
performing at less than satisfactory levels after an interim evaluation, and those who have
received an I, R, F or U grade. Any other student will be discussed at the request of a
Course Director or Course Faculty. An attempt will be made to identify students in minor as
well as major difficulty (academic or professional) in concert with the goal of providing help
for those in need.

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 A-102
3. Advancement of Students with Satisfactory Performance and Graduation

a. Requirements for Advancement

i. Year 1 to Year 2: For promotion, a student must obtain a passing grade in all required
courses that comprise the Year 1 curriculum of the medical school.

ii. Year 2 to Year 3: For promotion, a student must have obtained a passing grade in all
required courses which comprise the Year 2 curriculum of the medical school, successfully
passed the USMLE Step 1, and successfully passed the Objective Skills Clinical Exam
(OSCE). The OSCE is a multi-station skills exam in which the Standardized Patient (SP)
allows the student to perform a five-seven minute skills exam on them while a preceptor
(MS-IV student) assesses and grades this activity in the room.

iii. Year 3 to Year 4: For promotion, a student must have obtained a passing grade in all
required courses that comprise the Year 3 curriculum and successfully passed the Clinical
Performance Examination (CPX).  The  CPX,  designed  to  evaluate  the  student’s  knowledge,  
skills and attitudes in a clinical setting, consists of multiple SP stations and is administered
during the sixth clerkship rotation.

b. Requirements for Graduation

i. A student must have obtained a passing grade in all courses and required educational
activities of the established curriculum of the medical school leading to the M.D. Degree.

ii. Transfer students admitted with advanced standing from other LCME approved schools
must complete, at the minimum, the last two years of the curriculum at the USF COM.

iii. Students must have passed Steps 1, 2CK and 2CS of the United States Medical Licensing
Exam. Students must take Step 2CS by November 7, 2009 and Step 2CK by November
30, 2009.

iv. Students must have satisfactorily passed and completed the fourth year consisting of nine
academic periods – the Critical Care Medicine clerkship (two periods), Interdisciplinary
Oncology clerkship (one period) and the Skin and Bones clerkship (one period); five
electives; an ACLS course for which they earn certification; and an OSCE, CPX, and a
CCEE (Comprehensive Clinical Evaluation Encounter). Remediation of any third year
courses does not count toward satisfying 4th year requirements.

v. The student must have made appropriate arrangements to discharge all financial
obligations to the University.

vi. The student must have satisfactorily demonstrated the professional attitudes and values
expected of physicians.

4. Students with Unsatisfactory Performance

a. Time Limitations for Completing Portions of the Curriculum

i. A student must be eligible for promotion to Year III of the curriculum within four academic
years from the date of first registration. An exception to this standardmay be made by the
APRC for illness or when a student is involved in other programs of academic study (such as
study leading to a Ph.D.). In these circumstances, a student must pass all academic work
being taken.
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ii. A student must be academically eligible to receive the M.D. degree at the regular spring
commencement exercises of the COM, during the sixth year following initial registration. The
same exception to this standard shall be in effect as in Section IV, D, 4, a.

b. Academic Failure, Academic Warning and Probation, and Dismissal

i. Academic Failure

a. One Deficiency
A student who has one deficiency (F, U or R) per year will be required to remediate the
grade successfully prior to promotion to the next year. When reporting a deficient grade,
the faculty responsible for that course will also submit a recommendation as to how the
student will remove this deficiency. The plan may include, but is not limited to, additional
study time and taking a make-up exam, repeating all or part of the course, or repeating the
academic year. The recommendation is submitted to the APRC for action. If the student
fails to prove competency or successfully remediate, the student will receive an F in
the course and further remediation, if allowed, must be by repetition of the course.
Students are allowed to repeat a course only once. A second failure in the same
course will result in dismissal of the student from the COM.

b. Two or More Deficiencies in an Academic Year

A student who has more than one deficiency (F, U or R) per year may be dropped from
enrollment, be required to repeat the entire year or a part of the year. The determination of
a plan to resolve the deficiencies will be developed by the APRC.

c. Multiple Deficiencies During the M.D. Program

A student who has had multiple deficiencies during enrollment will be assessed for the
severity of the overall problem and a recommended course of action for the individual will
be made by the APRC. Consistency of performance is also evaluated. Any student who
records two or more deficiencies (F, U or R grades) throughout enrollment in the COM will
be reviewed continually by the APRC and may be subject to further APRC action.

d. Two or More Failing Grades During the M.D. Program

A student who has more than one F or U grade during the years in the M.D. Program
will be subject to dismissal from enrollment in the COM or other academic action as
deemed appropriate by the APRC.

e. Referrals to Counseling, Tutorial, and Study Skills Service

All students are strongly encouraged to avail themselves of these services without referral.
However, when students are presented as having difficulty at an APRC meeting, they will
be strongly encouraged to avail themselves of these services and in some instances will be
directed to do so in writing. If a student repeatedly is urged to arrange tutoring,
counseling, or study skills help, but does not do so and subsequently fails a course, this is
made known to the Committee to assist in evaluation of the student's overall performance
and professional attitudes. If a student is directed to seek these referral services, the
student has a choice of choosing intra- or extramural resources. Course/Departmental
representatives on the Committee are responsible for providing the Committee with reports
of referrals made by course/departmental   faculty   and   the   student’s   utilization   of   referral  
services. Verification that the student has utilized these referral services may be required.
In addition, the Committee may require that the student have his/her counselor submit
information and/or a recommendation to the Committee relating to the student's academic
program. The Committee may at its discretion arrange for an independent evaluation of a
student believed to be suffering from an emotional or addictive disorder, subject to the
student's approval. Such independent evaluation shall be by a practitioner chosen by the
Committee and shall be without cost to the student and shall result in a report being
forwarded to the Committee.
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ii. Academic Warning and Probation

a. A student who has one deficient grade (F, U, or R) at any given time will automatically
receive an academic warning notice. Status of Academic Warning will remain in place until
the deficiency is corrected. Once a student has been placed in Academic Warning status,
any further academic deficiency will result in the student being placed on Academic
Probation. Other action may be taken by the APRC as is deemed appropriate.

b. A student who has more than one deficient grade (F, U, or R) at any given time will
automatically be placed on Academic Probation.

c. The requirement to repeat a year will be accompanied by a student being placed on

Academic Probation.

d. A student who Withdraws Failing from the academic year to a Leave of Absence shall be
placed on Academic Probation.

e. A student who has been placed on academic probation will remain in probationary status
for a period of one calendar year or less until deficiencies are removed. During this period,
the   APRC   will   continually   review   the   student’s   performance.   If   any   new   deficiencies   are  
recorded during this time, the committee will take whatever action is deemed appropriate
for the individual student. Transference from a status of academic probation to that of
academic good standing will occur only when all deficiencies are removed. If academic
good standing is not achieved after one year, the student will be subject to dismissal from
the COM.

iii. Dismissal

a. If,   in   the   opinion   of   the   APRC,   a   student’s   academic   performance   does   not   meet   the  
institutional requirements for continuing enrollment, the committee will, at any regular or
specially called meeting, recommend that the student be dismissed from enrollment in the
COM. The student will be notified as soon as possible once this decision has been made.

b. A student will be subject to dismissal if he/she has more than one F grade at any time, fails
a course while on academic probation, receives a deficient grade for a course for a second
time, fails to meet the requirements of remediation, or upon any other evidence of poor
academic performance or deficient professional behavior as determined by the APRC.

c. A student whose performance, though passing, is borderline or marginal in several courses

will be subject to dismissal if the APRC determines that the student does not meet the
competency standards of the COM. Similarly, a student whose performance, though
passing, consists of a record of multiple deficiencies or failures with subsequent
remediation will be subject to dismissal.

d. A student will be sponsored by USF COM for USMLE Step 1 and 2 exams for a maximum
of 3 times each under ordinary circumstances. Following a 3rd failure on any one of these
exams the student will be dismissed from the College of Medicine.

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 A-105
e. A student may be dismissed from the COM if his/her professional behavior and ethics are
not in keeping with the standards of the college. Graduation is predicated on the
determination by the faculty, as recommended by the APRC, that a student is suitable for
the practice of medicine in terms of professional attitudes and values. The APRC may
recommend to the Dean of the College Of Medicine, the dismissal of any student whose
behavior is not consistent with the standards of the medical profession, or when the
student’s   presence   in   the   medical   school   is   considered   detrimental   to   the   student   in  
question, others in the COM community or patients. The APRC will evaluate, when
requested, cases of students whose professional behavior and/or ethics have been
questioned by the Student Honor Council and, if deemed appropriate, may make a
recommendation for dismissal from the college.

f. If there is a recommendation that the student be dismissed, the student may request in
writing an appeal hearing before the APRC within ten (10) school days of the time the
original decision was made.

5. Appeal Mechanism for Disciplinary Action or Dismissal

A disciplinary action of the APRC may be appealed by the student for a reconsideration of the
action taken. The student has the right to be present for the appeal and may be accompanied by a
person or persons of the student's choice to provide support and council to the student. The
person(s) may not act as the student's attorney. The Associate Dean of Student Affairs also may
serve as an advocate for the student in the appeal before the committee if requested by the
student. Alternatively the student may request that another faculty member, who is not a member
of the APRC, serve as their advocate. That individual will be present at the committee meeting
while the student is present. The hearing will be an informal procedure dealing with evidence of a
student’s   performance   and/or   professional   behavior   and   those   factors   applying   directly   to   the  
student’s   ability   to   perform.     Immediately   following   the   hearing,   the   APRC   will   decide   upon   a  
specific recommendation. Recommendations of the appeal committee are final in all decisions
except cases where dismissal has been recommended. If the decision is to uphold a previous
dismissal decision, the recommendation will be forwarded to the Dean of the College Of Medicine.
The committee shall inform the Dean (or a designee) of the vote and present a report of
discussions leading to the decision at the earliest time possible and no more than ten (10) school
days after the decision has been made.

a. Request for Hearing

The request must be received in writing within ten (10) school days following the date the
student was informed of the decision. Requests to appear before the committee should be
submitted to the Associate Dean for Student Affairs and/or the chairperson of the APRC. If
requested by a student who is experiencing academic difficulty or who has been accused of
violations of professional or ethical standards, a hearing will be afforded before the APRC at a
regularly scheduled meeting prior to deliberation or development of recommendations by the
committee. The hearing will be an informal procedure dealing with evidence of a student's
performance and/or professional behavior and those factors applying directly to the student's
ability to perform.

b. Appeal of APRC Hearing Decision

If a dismissal decision appeal to the APRC is upheld at the hearing meeting then the student
may appeal to the Dean of the College Of Medicine. The student's request to exercise this
second right of appeal must be received in writing by the Chairperson of the APRC within ten
(10) school days following the date the student was informed of the committee's
recommendation. The Dean may act on the appeal directly or choose to have the appeal
heard by a committee to be appointed by the Dean. The Dean will make the final
determination on the status of the student.
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6. Petition for Readmission Following Dismissal

a. A student who has been dismissed from the COM and who is no longer enrolled may seek
readmission by written request to the Dean of the COM. Such requests require compelling
data to support an argument for reinstatement and may be made no sooner than one year after
the date of dismissal.

b. Consideration of such a request, if accepted by the Dean, will be reviewed by a Committee of

five members of the faculty of the COM to be appointed by the Dean ad hoc. That Committee
will make a recommendation to the Dean for his/her consideration and action. The decision of
the Dean is not subject to appeal.

7. Leave of Absence

a. The Associate Dean for Student Affairs of the COM, or in his/her absence, the Vice Dean for
Educational Affairs, may place a student on a leave of absence for good reason at his/her
discretion. If a student disagrees with such action, he/she may ask the APRC for a review
which shall be conducted with a hearing as established in Section IV, D, 5, a. Committee
recommendations will be forwarded to the Vice Dean for Educational Affairs for final decision.

b. A student in good academic standing without deficiencies may request and be approved for a
leave of absence for a fixed period of time to conduct research.

c. A student in good academic standing without deficiencies may request and be approved for a
leave of absence for a fixed period of time as a result of a health problem or other personal
circumstances that prevent concentration on academics.

d. When a student's performance is such that continued enrollment should not occur, but in the
opinion of the APRC the student is judged to be capable of completing the M.D. degree
requirements within the time limits of Section IV, D, 4, a. if academic or non-academic
problems are resolved, the Committee may recommend that a student be placed on a leave of
absence. This recommendation will be explained to the student. If a student accepts the
recommendation will be implemented. If a student disagrees with the recommendation the
same procedure for an appeal as outlined in Appeal of APRC decisions, Section IV, D, 5, b will
be followed.

8. Petition for Readmission Following Leave of Absence

a. A student may be placed on a leave of absence by the Associate Dean of Student Affairs, or in
his/her absence, the Vice Dean for Educational Affairs, for a specified period of time with an
expected date of re-enrollment. In such cases the student must notify the Office of Student
Affairs of intent to resume enrollment in writing at least one month prior to return to medical
studies.

b. Students who are on a leave of absence specified by the APRC must fulfill all requirements
specified in their letter from the APRC prior to return to medical studies.

c. Students placed on leave of absence for an unspecified time period may maintain such status
for a maximum of two years. In order to return to enrollment the student must petition the
APRC within the time period allowed. The APRC will consider petitions for readmission
regardless of the reason enrollment was discontinued. When petitioning to the Committee the
student must submit information that will support that return to enrollment is justified. This is
required regardless for the reason for leave.

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d. Petitions for readmission may be considered at any regular or called meeting of the APRC. The
time of readmission will be based upon that which is deemed most appropriate to the student's
status and schedule by the APRC. Students may be required to repeat parts of the curriculum
that have previously been successfully completed.

e. Readmission may be denied if all available positions are filled even if a student meets all other
qualifications for readmission.

E. STUDENT MISTREATMENT AND ABUSE

1. Student Mistreatment and Abuse

The ombudsman for the report of student abuse is the Office of Student Affairs. If you experience
difficulties in this area, please see Dr. Steven Specter, Associate Dean, or Danielle Schutz, M.A.,
Director of Student Affairs for confidential assistance. Other people to contact are Dr. Alicia D. H.
Monroe, Vice Dean for Educational Affairs, Suzanne Jackson, MPH, Director for the Office of
Student Diversity and Enrichment, Dr. Ted Williams, Associate Dean Office of Diversity, or any
other faculty member with whom the student feels comfortable. Students are encouraged to
discuss any and all issues of abuse without fear of retribution.

2. Sexual Harassment

In conformance with Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments
of 1972, the Florida Educational Equity Act, and the USFpolicy on the topic, it is the goal of the
USF COM to create and maintain a work and study environment that is positive and free of
discrimination. In order to help provide such an environment, faculty, staff and students must be
aware that sexual harassment is sex discrimination, and is unacceptable conduct that will not be
tolerated at the university as defined in USF Policy 0-008, Diversity and Equal Opportunity:
Sexual Harrassment.

Sexual harassment is defined as conduct of a sexual nature or with sexual implications, which
interferes with an employee's or student's status or performance by creating an intimidating,
hostile, or offensive working or educational environment. This conduct may include, but is not
limited to the following:

Inappropriate touching; the display of sexually explicit or suggestive materials; use of sexually
explicit or suggestive language or gestures; and subtle pressure for sexual activity, as well as
demands for sexual favors or physical assault. Sexual harassment is a serious form of abuse.
In response to concern about incidents of sexual harassment, the Office of Student Affairs is
available to students who have complaints about sexually offensive behavior by faculty
members or other students. After discussion of the incident with the student, if it is deemed
appropriate, the staff member in the Office of Student Affairs will attempt to resolve complaints
on an informal basis. In all cases every possible effort will be made to insure confidentiality and
to protect the rights of both students and faculty members. If resolution of a complaint cannot
be reached informally the student will be advised about formal grievance procedures.

3. Sexual Battery

Sexual battery is a crime under the laws of the State of Florida and will not be tolerated at the USF
COM as defined in USF Policy 0-014, Sexual Battery. As an integral part of academic
performance, medical students are expected to maintain the high standards of professional and
personal conduct traditionally associated with the practice of medicine. Any act such as sexual
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battery is a violation of University Policy, which in the case of medical students, is viewed as
professional misconduct and is a violation of academic standards. As such, any professional
misconduct is subject to disciplinary action under the Medical Student Advancement Policies,
Procedures and Due Process.

COM students who are victims of actual or threatened violence can obtain assistance from the
Health Enhancement for Lifelong Professional Students (HELPS) program (see page 58).
Additionally, medical students should refer to the USF Policy concerning Sexual Battery. All
rights and services specified in that policy, including the Victims' Advocacy Program as
explained below, are available to COM students. The Policy is contained in the USF Student
Handbook.

4. Victims' Advocacy Program

The Victims' Advocacy Program is available to assist all USF students or employees who are
victims of actual or threatened violence, including but not limited to battery, assault, sexual battery
(date rape, acquaintance rape, stranger rape) and attempted sexual battery.

Police reports are strongly encouraged; however, reports are not required for information and
referral assistance.

Services

The USF Victims' Advocate will assist by providing information, support and guidance in the
following ways:

1. Crisis Intervention

2. Emergency shelter, medical help and counseling referrals

3. Assistance as needed

4. Services available on-call 24 hours a day, seven days a week

Important Numbers

Police  Emergency…………………………………………911 or 974-2628

USF Victim Advocate:
Office Location…………………………………….ADM 273
Telephone Number……………………………….974-5757
Hillsborough County Crisis Lines:
Crisis Line…………………………………………234-1234
Sexual Abuse Line………………………………..238-7273

5. Mistreatment and Abuse Violations

Student reporting of falleged aculty or resident abuse violations as it relates to students shall be
to the Office of Student Affairs through the Associate Dean for Student Affairs. An alternate site
of reporting is through the Associate Dean for UME or the Vice Dean for Educational Affairs.
Alleged abuse violations by faculty shall be relayed to the Faculty Affairs Dean (currently Senior
Executive Associate Dean for Academic and Faculty Affairs) for action based on University
Policy. Alleged violations by residents will be forwarded to the Associate Dean for Graduate
Medical Education for action.
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F. GENERAL PROCEDURES

1. Americans with Disabilities Act

The Americans with Disabilities Act (ADA) was enacted in July of 1990, with its provisions
becoming effective at various dates thereafter. The ADA expands the rights of the disabled and
augments existing anti-discrimination laws. Title III of the Act relates to anti-discrimination by
entities engaged in public services and applies to the relationship between students and colleges
and universities. The USF COM complies with provisions specified in the ADA.

Students with learning disabilities which are documented by reports of examination and testing by
appropriately certified and credentialed M.D. or Ph.D. counselors may receive increased time to
complete institutional and NBME Examinations. The approval must be coordinated by the Student
Affairs Office based upon M.D. or Ph.D. counselor reports reflecting the diagnosis and certifying
that the student requires additional time to complete the examination process. The student must
formally request additional time in a memorandum to the Office of Student Affairs. Reports from
counselors making the diagnosis must be forwarded to the Associate Dean for Student Affairs.
Reports will be referred to the Chairperson of the Student Affairs Committee for consultation and
recommendation.

For students to receive additional time for completing USMLE Parts I and II, approval must be
granted by the NBME. Requests to the NBME must be accompanied by appropriate
documentation from the M.D./Ph.D. counselor with their recommendation and the diagnostic
procedures used to make their determination. A letter from the Associate Dean for Student Affairs
must accompany the student's request.

a. Operating Procedure for Applicants with Disabilities

On occasion an applicant to the COM identifies a disability that may impact on his/her ability to
meet the Technical Standards for Admission, Progression and Graduation from the COM.
When this occurs the following procedure will be adhered to:

1. Upon learning of an applicant with disabilities the Director of Admissions will bring the
applicant to the attention of the Associate Dean of Student Affairs. The Director of
Admissions will also inform the Chairperson of the Medical Student Selection Committee.

2. The Director of Admissions and the Chairperson of the Medical Student Selection
Committee will ensure that the applicant receives reasonable accommodations for the
interview process. The Technical Standards apply to all applicants, and competitiveness of
applicants with disabilities will be judged on the same basis as other applicants who are
interviewed.

3. Once an offer of acceptance is made and the scope of accommodation requirements has
been determined, the Associate Dean of Student Affairs in consultation with appropriate
professional personnel will determine a reasonable course of action. For example, a
student with dyslexia may require extra time for exams, enlarged print on exams and on
occasion, readers. These are reasonable accommodations and will be provided for the
student. Each individual's impairment is different, each disability is different and
accommodation needs will vary from case to case.

4. The Associate Dean for Student Affairs will work in association with Student Disability
Services   to   review   the   student’s   disability   and   recommend   accommodations.   This   may  
include an interview of the student to explore reasonable accommodations to provide the
student with the best opportunity for success. It is the responsibility of the applicant to
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provide appropriate professional documentation showing the nature of their disability and
request accommodations. Students with known disabilities must meet the same standards
of academic performance as other students being considered for admission. Accepted
students who have disabilities will be expected to achieve a comparable level of
competency to that required of other students for progression and graduation.

5. Upon request the Office of Student Affairs will provide recommendations to applicants
concerning professionals who are skilled in conducting evaluations for individuals who
believe they may have a disability.

2. Computer Use

The computing facilities in the various colleges are a vital component of the academic
environment. Each person using these computers must be considerate of other users. The
purpose of these facilities is the support of teaching and research by its authorized users.

Activities that damage or impede the work of other users are of particular concern. Such
activities are discourteous and illegal. The State of Florida has laws which hold that
unauthorized use (including accessing another user's account) leading to offenses against
intellectual property and/or computer users, is a felony. Besides civil penalties that can include
imprisonment of up to fifteen years and fines, the college and/or university may impose
administrative penalties and sanctions against those found to have violated the law. The
University of South Florida wishes to provide open access to students and faculty with as few
restrictions as possible. Courteous and thoughtful computing will minimize the need for
regulations and annoying security procedures.

a. Computer Use / Misuse

University policies are explicit (Student Code of Conduct I. Offenses (2) a.) and any violation
of these policies, including sending hate mail, is totally unacceptable and will be dealt with
accordingly.
=============================================================

ACCOUNT CERTIFICATION STATEMENT

I understand that the following activity is forbidden and may subject me to loss
of my computer account, administrative sanctions and penalties by the university
and/or college, as well as imprisonment and fine by civil authorities. I will not:

1. Use another account.

2. Allow another person to access my account or share my password.

3. Use computing resources for private profit, or for promoting a religious or
political group.

4. Intentionally impede the legitimate use of computing facilities by other people.

5. Using facilities, including printers, for junk mail, mass mailing, or non-course
related work.

6. Use computers to access pornographic material.

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Individuals using this system without authority or in excess of their authority are subject
to having all of their activities on this system monitored and recorded by system
personnel.

While monitoring individuals improperly using this system or during system

maintenance the activities of authorized users may be examined. Anyone using this
system agrees to such examination and is advised that if it reveals possible evidence
of criminal activity, system personnel may provide this evidence to law enforcement
officials.

=============================================================

3. Dress Code

COM students, at all levels of education and training, are expected to maintain a proper
professional image in their behavior and personal appearance at all times. During the pre-clinical
years medical students are expected to wear clean, appropriate apparel (shirts, pants, shorts,
dresses, skirts, etc.) and shoes to all academic functions and on the premises of the Health
Sciences Center. During the clinical training years, and any time students have contact with
patients or are in the patient care areas, shorts are not to be worn. Men should wear shirt and ties
and women should wear dresses, or appropriate slacks and blouses, and closed toe shoes. Also,
white lab jackets with names (on coats and ID badges), and the USF COM logo patch shall be
worn by all students.

4. Educational Programs Utilizing Live Animal Models

For optimal teaching and learning effectiveness some courses taught in the COM may require that
live animal models be utilized. Students enrolled in the COM are expected to participate fully in all
course components including those that utilize live animal models. It is at the discretion of course
faculty to determine if alternative-teaching methodologies may be undertaken in lieu of participating
in components that utilize live animal models at the request of the student.

5. Outside Employment

No student may accept outside employment of any kind without prior approval of the Associate
Dean for Student Affairs. This rule was introduced so that outside activities would not interfere with
academic performance.

6. Enrollment in Other Programs

Students enrolled in the COM are only permitted to enroll in any other school of the university or in
any other institution of learning with the consent of the Vice Dean for Educational Affairs of the
COM. Enrollment in dual degree programs is permitted with approval of the committee overseeing
each program involved. Maintenance in that program related to academic performance may be
reviewed as appropriate by the APRC.

7. Financial Aid

All financial aid for medical students is processed through the COM Financial Aid Office located in
room MDC 1012 adjacent to the Student Affairs Office (visit the Financial Aid web site). Financial
aid is available in the form of loans and scholarships. A comprehensive Financial Aid Manual and
Debt Management manual containing official policies and procedures are available online at
Financial Aid Manual. The staff of the Financial Aid Office has an open door service attitude and is
always available to provide assistance and guidance in matters pertaining to financial aid.
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a. Short Term Loans

An interest-free loan may be obtained to assist in short-term financial emergencies. The loan
takes about ten (10) days to process and must be repaid within 90 days. Further information
may be obtained from the Financial Aid Office, MDC 1012.

For more information on financial aid please refer to the Financial Aid Handbook Financial Aid
Manual or the Debt Management Handbook.

b. Impact of a Leave of Absence or Withdrawal on Repayment of Student Loans

For the purposes of financial aid, a Leave Of Absence (LOA) is considered a temporary
break  in  a  student’s  attendance  that cannot exceed 180 days within a 12-month period. The
COM must report to the lender(s) a student as “no longer enrolled” when the LOA exceeds
180 days. The student may be obligated to begin loan repayment. The student is required to
meet with a staff member from the Financial Aid Office prior to beginning the LOA to discuss
student loan obligations during their LOA.

If a student withdraws from the COM and received financial aid during their enrollment they
are required to attend a financial aid exit interview. During the exit interview a staff member
from the Financial Aid Office will advise the student about their rights, responsibilities, and
loan repayment obligations for the financial aid they received.

8. Student Confidentiality

The Office of Student Affairs adheres to strict policies regarding the release of student information.
Students are encouraged not to release class lists, addresses or phone numbers to individuals
outside of the COM. However, pursuant to the requirements of the Family Education Rights &
Privacy Act (the Buckley Amendment) the following type of information designated by law as
"directory information" may be released by the COM Student Affairs Office when it is deemed in the
best interest of the student: student name, address, telephone listing, date and place of birth,
participation in officially recognized activities and sports, dates of attendance, degrees and awards
received and the most recent previous educational agency or institution attended.

9. Student Health

As in all institutions, student health is the ultimate responsibility of the individual student. The
Professional Student Affairs Committee of the COM facilitates student health by providing
programs to assist students in meeting their physical and mental health needs. Specifically, the
committee sets guidelines and monitors student medical data at matriculation and during the
four years of enrollment in medical school. The committee formulates and reviews policies and
programs and assesses implementation and compliance with institutional and State of Florida
requirements and guidelines. All students are required to have health and disability insurance
throughout their enrollment in the M.D. program. The disability insurance policy must be
purchased through the group policy made available by the college.

Prior to matriculation all students are required to provide the following to the Medical Health
Administration Office and/or the Student Affairs Office for review:

1. A  personal  health  history  and  physical  examination  conducted  by  the  student’s  personal  
physician. The personal physician must complete the Physical Exam Verification form
available at Communicable Disease Prevention Certification.
2. Documented – all documentation must be in English – evidence of immunity to
a. Rubella (German Measles)
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b. Rubeola
c. Mumps
d. Varicella
e. Hepatitis B
f. Influenza
g. Tetanus, Diphtheria and Acellular Pertusis (Tdap)
h. Meningitis
3. Documentation of a Tuberculin Skin Test (TST/PPD) within 6 months of matriculation.
4. Proof of current health insurance. Certification of current health insurance is required for
each year of enrollment.

During the orientation process students are counseled about appropriate avenues for receiving
medical care. Available options include continued  care  by  the  student’s personal physician, the
University Student Health Center, or the USF Physicians Group located in the Health Sciences
Center.

a. HIV / AIDS and Other Infectious Diseases

When an HIV infected individual comes to the attention of the university, whether student,
faculty,   or   staff   member,   confidentiality   of   the   individual   as   well   as   the   individual’s   welfare  
and that of the university community must be respected. Other infectious diseases will be
handled appropriately and reported according to State requirements.

b. Bloodborne Pathogen Exposures and Exposures to Communicable Diseases

Policies and procedures concerning bloodborne pathogen exposures and exposures to

communicable diseases (e.g. tuberculosis, chicken pox) are in place at each of the major
clinical teaching facilities. During orientation programs an overview of procedures is
presented. Familiarize yourself with the policies and procedures of each clinical facility and
carefully comply with all requirements in case you are injured or exposed to communicable
disease.

All needlesticks and other exposures to blood or other potentially infectious body fluids
should be immediately reported to your supervisor and to the employee health nurse at the
facility where the incident occurs.

The employee health nurses at the primary HSC-affiliated hospitals are listed below.
Information is also available on the orange exposure cards distributed during orientation.

All  Children’s  Hospital

Lynda Ruckman, R.N., M.S.
Employee Health Director
727-767-8211
Helen or Susan
727-767-8201, 727-767-8827

Bayfront Medical Center

Marie Nell, R.N.
Employee Health Coordinator
727-893-6189

James  A.  Haley  Veterans’  Hospital

Tina Denby, L.P.N
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Occupational Health Nurse
813-972-2000, extension 7046

Moffitt Cancer Center and Research Institute

Employee Health Services
Maureen Gonzalez, RN
813-745-4276
After hours contact Administrative Coordinator
813-745-4673

Shriner’s  Hospital
Sheryl Chewning, R.N.
Employee Health Nurse
813-975-7141

Tampa General Hospital

Lina Carter, R.N.
Employee Health Exposure Coordinator
813-844-4525

USF Health
Linda Lennerth, R.N., M.S.N.
Director, Employee/Student Health & Wellness
813-974-3163
Beeper: 813-974-3415

USF Medical Clinic

Anita Fisher, R.N.
Director of Nursing
813-974-7685

c. Student Health Services

All students at USF are required to pay a USF Health Fee every year as part of the total
tuition. The Health Fee is not an insurance premium. Subscription to a student health
insurance plan requires a separate fee. Information on available policies is available from
the Student Affairs Office. The Health Fee is mandatory and entitles you to care at the
Student Health Center located on the main campus. The services provided on a fee-for-
service basis include outpatient care, a fourteen bed infirmary for limited inpatient care, a
family planning clinic, and psychiatric consultation.

i. USF Physicians Group

Medical students can be seen by our own staff at the USF Medical Clinic. Physician
fees incurred at the Medical Clinic by medical students that are not covered by
insurance payment will be billed to the student. Students will be billed for the cost of
supplies, lab work sent outside of the HSC Clinic, and for elective procedures. If the
student’s   private   insurance   company does not cover the cost the student is
responsible for payment. This practice also   applies   to   the   student’s   spouse   and  
children.

An appointment with a faculty physician can be arranged by calling the Clinic

appointment desk at 974-2201. Students should identify themselves as medical
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students and request an appointment with the first available physician in Family
Medicine or General Internal Medicine. An appointment will be scheduled as soon as
possible. Please note faculty physicians see their private patients in the Medical Clinic.
These patients have previously scheduled appointments. It is therefore frequently
impossible for medical students to receive an appointment on the same day they
request one. Every attempt will be made by the Clinic staff to schedule medical
students as soon as possible. Another point to note is that the Medical Clinic is not an
emergency medical center. If students have a medical problem that is of an
emergency nature, follow the emergency procedures in your health insurance policy.

Confidential psychiatric consultation and counseling is readily available by directly

accessing the USF Counseling Center (813-974-2831) or the HELPS program (813-
870-0184). You can also obtain assistance by contacting the Student Affairs Office
(813-974-2068).

d. Health Requirements for Patient Contact

The College of Medicine has four health related requirements that must be met prior to
matriculation.

1. Students must have health insurance in effect at all times during enrollment at USF
COM. Policy information on basic health insurance policies will be available at
orientation for students who do not have current health insurance.

2. Students must have disability insurance in effect at all times during your enrollment
at USF COM. The policy will be purchased at registration on August 10, 2009 for
approximately $75 and is to be renewed annually.

3. Students must undergo a physical examination prior to starting school. Complete the
Physical Exam Verification Form and return it to the Student Affairs Office as soon as
possible, but no later than July 17, 2009.

4. Students must provide documented evidence of immunity to specified communicable

diseases listed on the Communicable Disease Prevention Certification form. All
documentation must be in English.

All students (including visiting students) must complete the following requirements
prior to matriculation:

TUBERCULOSIS: Documentation of a Tuberculin Skin test (TST/PPD) within 6 months

of starting school. Individuals with a history of a positive TST/PPD skin test must submit
documentation of a negative chest x-ray within 12 months of starting school and a
current screening questionnaire for signs/symptoms of TB. If you ever received the BCG
vaccine, or have been administered INH, this information must be reported on the
Immunization Certification. Annual TST/PPD will be required throughout your enrollment
at the College of Medicine. Individuals with negative skin tests on admission will be
offered the annual TST at no cost through the Medical Health Administration office.
Individuals with a history of a positive skin test must complete the Screening
Questionnaire for assessment of signs/symptoms of TB annually in lieu of the skin
testing.

RUBELLA (German Measles): Evidence of immunity to RUBELLA is required in the form

of ONE of the following:

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Immunization with at least ONE dose of live RUBELLA or MMR vaccine after 12
months of age. Doses must be administered after 1/1/80 unless the  use  of  a  “live”  
vaccine is noted,
OR
Serologic documentation of a positive RUBELLA immune titer (IgG blood test).

RUBEOLA (10 Day Measles): Evidence of immunity to RUBEOLA is required in the form
of ONE of the following:
Immunization with TWO doses of live RUBEOLA or MMR vaccine after 12 months of
age and separated by 28 days or more. Doses must be administered after 1/1/80
unless  use  of  a  “live”  vaccine  is  noted,
OR
Serologic documentation of a positive RUBEOLA immune titer (IgG blood test).

MUMPS: Evidence of immunity to MUMPS is required in the form of ONE of the

following:
Immunization with TWO doses of live MUMPS or MMR vaccine after 12 months of
age.    Doses  must  be  administered  after  1/1/80  unless  the  use  of  a  “live”  vaccine  is  
noted,
OR
Serologic documentation of a positive MUMPS immune titer (IgG blood test).

VARICELLA (Chicken Pox): Evidence of immunity to Varicella is required in the form of

ONE of the following:
If you have had chicken pox in the past, you must provide serologic documentation
of a positive Varicella immune titer (IgG blood test),
OR
Immunization with TWO doses of Varicella vaccine given 4 to 8 weeks apart.
This requirement is satisfied ONLY by a positive immune titer or the vaccine series.
A history of the chicken pox disease does NOT satisfy this requirement.

TETANUS, DIPHTHERIA and ACELLULAR PERTUSIS (Tdap): Documentation of a

Tetanus/Diphtheria/Acellular Pertussis booster is required. The Tdap vaccine (Adacel)
was licensed in June 2005 for use in persons aged 11-64 years as a single dose booster
vaccination (i.e. not for subsequent booster doses). Please note that the Advisory
Committee on Immunization Practices (ACIP) recommends at least a 2-year interval
between the last Tetanus/diphtheria (Td) booster and Tdap to reduce the risk of
reactions following vaccination. If you have received a Td booster within the past 2
years, Tdap should be postponed at this time and you will need to provide
documentation of the date you received that Td booster. At the end of the 2-year period,
you will need to obtain a Tdap (Adacel) booster and provide documentation upon
completion.

MENINGITIS: Documentation of immunization with one dose of Meningitis vaccine OR a

completed and signed USF Student Health Services Immunization Health History Form
(Block B #4, check box, signature) declining receipt of the Meningitis vaccine.

HEPATITIS B: Evidence of immunity to Hepatitis B is required in the form of BOTH of

the following:
Dates of receipt of the Hepatitis B vaccination series of three injections
AND

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Serologic documentation of a positive Hepatitis B Surface Antibody Titer
(Quantitative) following completion of the Hepatitis B vaccination series of three
injections.

INFLUENZA VACCINATION: Flu vaccination is required each year while you are in
medical school. Vaccine will be provided for you at no cost through the USF Medical
Clinic/Medical Health Administration office. Students will be notified each fall when
vaccinations are available for administration.    It  is  the  student’s  responsibility  to  submit a
copy of the completed Influenza Vaccination Form to the Medical Health Administration
Office (MDC 4146).

All immunizations must be up to date at the time of matriculation on August 10, 2009. Students
are not permitted to begin classes or to work in any of our hospitals or clinics without providing
the required evidence of a physical examination and documented immunity to the diseases
listed.

e. Student Exposures at the USF Affiliated Practice Sites

The Employee Health Departments at the affiliated practice sites will evaluate students who
report significant exposures to blood/body fluids and communicable diseases while on rotation.
Significant exposures include needlesticks, sharp injuries, non-intact skin and mucous
membrane exposures to blood, body fluids or exposures to airborne communicable diseases.

Exposures should be handled as follows:

1. The student should report the exposure to his/her instructor immediately.
2. The student fill(s) out   the   employee   section   of   the   affiliated   site’s   Employee   Incident  
Report.
3. The instructor fill(s) out the supervisor section of the Employee Incident Report.
4. The student takes the completed incident report to Employee Health as soon as
possible after the exposure. The student should bring the following information on the
source patient: name, medical record number, diagnosis and room number.
5. Student reporting a needlestick/sharp injury from a patient must be evaluated within
one to two hours for appropriate prophylaxis. In these cases, if Employee Health is
closed,  the  student  should  contact  the  site’s  nursing  supervisor.

The student will be provided with the following evaluation:

1. First aid treatment as necessary.
2. Investigation of the source patient and HIV and hepatitis tests as necessary.
3. Baseline lab work. Follow-up tests at 3 months, 6 months and 12 months will be
offered. There will be no charge for the required lab tests.
4. Employee Health will provide the appropriate prophylaxis.

Illness in Students

Students (interns, externs, visiting) and agency personnel with an illness or medical condition
that may be communicable to patients or staff should not be allowed patient contact.

If the student/agency personnel is unsure whether he/she should be in patient contact areas,
please refer the student to Employee Health Services. If necessary, the Employee Health
nurse practitioner will evaluate the student/agency personnel for work status.

Persons with the following medical conditions should not be allowed patient contact without a
medical clearance:

1. Active chicken pox, measles, German measles, herpes zoster (shingles), hepatitis A,
hepatitis B, hepatitis C, tuberculosis.
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2. Diarrhea lasting over three days or accompanied by fever or bloody stools.
3. Conjunctivitis.
4. Group A streptococcal disease (i.e. strep throat) until 24 hours of treatment received.
5. Draining or infected skin lesions.
6. Oral herpes with draining lesions.

f. Chemical Dependency

Students who are identified as having a chemical dependency are referred to the HELPS
Program (see page 58) for consultation and then referral to the Florida Professional Resources
Network (PRN). Successful entry into and treatment via this program will result in no additional
action against the student. Should a student be dismissed by the PRN for non-compliance
action will be referred to the APRC and may result in dismissal from the M.D. Program.

10. Student Records Policy at USF

Pursuant to the provisions of the Family Educational Rights and Privacy Act ("FERPA", 20 USC
Par. 1232g), 34 CFR Par. 99.1 et seq, Florida Statues Sub. Par, 228.093 and 240.237 and USF
Rule 6C4-2.0021, Florida Administrative Code, students have the right to:

1. Inspect and review their education records

2. Privacy in their education records
3. Challenge the accuracy of their education records
4. Report violations of FERPA to the FERPA Office, Department of Education, 400 Madison
Avenue, SW, Washington, D.C. 20202 and/or bring actions in Florida Circuit Court for
violations of Rule 6C4-2.001, Florida Administrative Code.

Copies of the University's student records policy, USF Rule 6C4-2.0021, may be obtained
from:
University Registrar or USF Agency Clerk
SVC 1034 Office of General Counsel / ADM254
4202 Fowler Avenue 4202 Fowler Avenue
Tampa, Florida 33620 Tampa, FL 33620

a. Release of Student Information

Pursuant to requirements of the Family Educational Rights and Privacy Act (FERPA), the
following types of information, designated by law as "directory information," may be released
via official media of USF (according to USF policy):

Student name, local and permanent addresses, telephone listing, major field of study,
participation in officially recognized activities and sports, weight and height of members of
athletic teams, dates of attendance, degrees and awards received, full- and part-time status,
and the most recent previous educational agency or institution attended, and other similar
information.

The University Directory, published annually by the University, contains only the following
information, however; student name, local and permanent address, telephone listings,
classification and major field of study. The Directory and other listings of "directory information'
are circulated in the course of University business and therefore, are accessible to the public,
as well as to students, faculty, and staff.

Students must inform the USF Office of the Registrar in writing (forms available for that
purpose), if they wish directory information to be withheld. Such requests must be received

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within the first two (2) weeks of the semester and will remain in effect until the student has not
been enrolled at USF for three (3) consecutive terms.

Notification to the University of refusal to permit release of "directory information" via the
University Directory must be received no later than the end of the first week of classes in the
Fall Semester.

i. Damaged / Duplicate Diplomas

The College of Medicine does not provide duplicate copies of your diploma. Under
circumstances where a diploma has been lost, stolen or damaged we will supply a
replacement diploma for a $10 fee [Florida Statute Sec. 1009.24(12) (r)] to cover costs
of production and mailing after receiving a written, signed, notarized letter stating the
reason for the request (faxing is acceptable 813-974-8181). In the case of a damaged
diploma it must be returned to the Office of Student Affairs. In the case of a name
change, the college also will supply a replacement copy upon written request and receipt
of the original copy and a completed legal name change form.

11. Tuition and Fees

2009-10 In-state Tuition and Fees $25,000.00 (estimated)

2009-10 Out-of-state Tuition and Fees $54.000.00 (estimated)

The amount of tuition and fees for medical students is subject to change from year to year as
established by the Florida State Legislature and the USF Board of Trustees. Specific fee
information can be obtained after July 1st each year by contacting the COM Registrar's Office.

The Florida State Legislature established procedures for charging tuition and fees to medical and
professional students attending Florida State schools on a flat yearly rate basis, regardless of
length of time enrolled. Students are billed at the beginning of each academic year by the Office of
Student Affairs. Each of the four academic years is divided into two terms and one-half of the
yearly tuition is due no later than the end of the first week of classes each term.

Students who pay tuition after the due date will be assessed a late fee of $100 unless they have
made proper arrangements for a late payment. Applications for a "Waiver of Late Fee" may be
obtained from the Office of Student Affairs or the Office of Financial Aid.

Students pay tuition directly to the USF Health Payment Center. The fall amount is an estimate
pending the final decision between the State Legislature and the USF Board of Trustees. The
total, yearly increase in tuition will be reflected in the spring bill. Checks must be made payable to:
USF College of Medicine. Checks must be mailed to: USF Health Payment Center, P. O. Box
864300, Orlando, FL, 32886-4300. You must include the four-digit zip code extension in the
address, and your “U” number must be on the check. If you do not include your “U” number it is
likely that your tuition payment will not be applied to your account and will cause you to incur late
fees.

a. Refunds

Students who withdraw, transfer, take a leave of absence exceeding 60 days, or who are
dismissed from the COM before completion of 60% of the academic year may be granted a
prorated refund of tuition paid less building and capital improvement fees. Refunds will not be
given to students who are enrolled for more than 60% of the academic year. A written request
for a refund of tuition must be submitted to the COM Registrar's Office to initiate the refund.

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For students who receive financial aid, a share of the institutional refund will be returned to the
financial aid programs from which the student received assistance in accordance with the
College's Financial Aid Standard on Refunds and Repayments.

A student may be granted a refund of 100% of tuition paid if he or she withdraws due to
circumstances determined by the college to be exceptional and beyond the control of the
student. These circumstances include:

1. Illness of the student of such severity or duration, as confirmed in writing by a physician,

to preclude completion of the courses
2. Death of the student or death in the immediate family (parent, spouse, child or sibling)
3. Involuntary call to active military duty
4. A situation in which the university is in error as confirmed in writing by an appropriate
university official, or
5. Other documented exceptional circumstances beyond the control of the student which
preclude completion of the courses, accompanied by letter of explanation and
appropriate documentation.

12. Use of Human Subjects in Research

a. Introduction

It is USF Policy that all human subjects research conducted at the University, whether medical,
behavioral, social or other, be governed by the University's Institutional Assurance on file with the
U.S. Department of Health and Human Services (HHS), as amended from time to time, and
applicable federal regulations. A copy of the Assurance can be obtained from the Division of
Research Grants (DRG).

b. Statement of USF Policy and Procedures

All protocols for research involving human subjects, including those deemed exempt, must be
submitted to the Division of Research Grants (DRG) in accordance with DRG guidelines. DRG
Institutional Review Board (IRB) staff will review protocols proposed as exempt with an appropriate
IRB representative. Then a determination as to whether the protocol is exempt from the
requirements of federal regulations will be made. Protocols that are not exempt will be reviewed by
the full IRB or an expedited review subcommittee of the Board.

The DRG shall be the office of record for all files generated by the Institutional Review Boards.
The IRB staff is charged with the responsibility of ensuring that the official record for each IRB
project is complete at all times throughout and at the completion of the projects. The IRB
chairpersons are charged with reviewing these records and certifying compliance. The DRG will
provide necessary staff support and secured storage for all IRB records, which will be maintained
for no less than seven years.

From time to time medical students may be asked to participate as human subjects in research.
Investigators must obtain prior written approval from the Associate Dean for Student Affairs in order
to allow students to participate as subjects. Likewise, the Associate Dean may restrict the
participation as experimental subjects if it is determined that this might compromise academic
progress.

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VII. ADVISEMENT, MEDICAL CAREER COUNSELING, ACADEMIC ASSISTANCE, AND

PERSONAL COUNSELING

A. ADVISORS

1. Advisor Assignments (Faculty)

Students entering the COM are provided a mentor/advisor through one of several mechanisms.
You will be formally assigned to a Learning Community staffed by two or more faculty members
who have volunteered to serve in this capacity. The Learning Community group is established for
the four years of the curriculum. First year students are initially entered into the same Learning
Community group as their big sib. Alternatively, a student may choose a mentor/advisor via a
scholarly concentration group or a medical specialty interest group. Another alternative is for a
student to identify a mentor/advisor with whom he/she will meet at least quarterly, either individually
or in a group. Students opting to attend an alternative to the assigned Learning Community must
notify the Associate Dean for Student Affairs. An initial get-acquainted meeting of the Learning
Community is scheduled during the early part of the academic year.

A clinical advisor is selected by the student during the junior year for assistance in elective
scheduling and career counseling within a specific medical specialty. This advisor is called the
Senior Elective Advisor and may be the same faculty member originally assigned as the academic
advisor or a different faculty member selected by the student.

a. Role of the Advisor

Essentially, the role of the advisor is to serve as a mentor for the student. Ideally, the
relationship will develop into one in which the advisor is sought out by his/her advisee for
counseling, friendship and advocacy. He/she becomes a trusted confidential guide.
Although the frequency of contact depends largely upon the advisee, it is appropriate for
the advisor to become pro-active in the relationship and initiate dialogue. For example,
the advisor can offer guidance in such matters as surviving in medical school,
geographic location, personal problems, and referral to other resources as necessary.
Issuing caveats in certain areas is also within the realm of advisement. Being accessible
to the student is important, therefore advisors are encouraged to maintain open-door
policies. The clinical advisor counsels the student in choosing and progressing toward a
career, developing a senior year program which is in concert with the student's career
goal, and assisting in the process of applying for residencies. Changes or adjustments
to the senior year schedule must be approved by the clinical advisor.

b. Access to Student Records and Grades

Guidelines of the Family Educational Rights and Privacy Act (FERPA), also known as
the "Buckley Amendment" are followed in managing student records and grades. The
personal records and grades of a student on file in the Registrar's Office, and Student
Affairs are accessible for review by the assigned advisors. It is the responsibility of the
advisor to ensure confidentiality of all student records reviewed.

c. Changing Advisors

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If for any reason a student wishes to change advisors, or vice versa, the Office of
Student Affairs will effect the desired change upon request and provide appropriate
notifications to the advisor and the student.
2. Medical Career Counseling / Advisement / Careers in Medicine
Career counseling is an ongoing process by Career Counselors, advisors and Student Affairs
during the student's enrollment. Students will be provided a Career Counselor via a student
directed selection process involving three faculty members who have been trained in the AAMC
Careers in Medicine program. Medical specialty advisors are also available to students on an
ongoing basis. In addition to the personal and academic process, the Office of Student Affairs
conducts programs to aid in specialty selection and career decision making. This includes, but
may not be limited to:

1. Assignment (selection) of individual career counselor during Year 1 and faculty advisors no
later than Year 3.
2. Individual meetings with the Associate Dean for Student Affairs or Director of Student
Affairs.
3. A Careers in Medicine password is provided to each student for use throughout medical
school during the fall of their first year.
4. NRMP Orientation and Advisement.
5. Elective Advisement and Scheduling Meetings.
6. Individual meetings with the Career Counselor, Associate Dean for Student Affairs or
Director of Student Affairs covering career selection and the Medical Student Performance
Evaluation (MSPE).
7. A residency application workshop late in Year 3 or early in Year 4.

3. Academic Assistance

a. Peer Tutoring

Students who are experiencing academic difficulties and are in need of tutoring may seek
assistance through the Office of Student Affairs. Usually second year students will be
available to tutor first year students and fourth year students would tutor second year
students. There is no cost to the student for this assistance.

b. Reading, Study Skills and Test Taking Assistance

Students who are experiencing difficulties with examinations may seek assistance through
Student Learning Services. The program is directed by Dr. Patricia Maher. She is located
in the Shimberg Health Sciences Library (LIB 206). Contact Dr. Maher at 974-2713.
Through an arrangement with the Student Affairs Office these services are available to
medical students without charge. Assessments of reading skills, study skills and test taking
abilities are performed and a plan is devised to improve student examination performance.

B. STRESS PREVENTION AND PERSONAL COUNSELING

1. USF Counseling Center

Students are encouraged to contact the USF Counseling Center when facing concerns associated
with academic, social, and emotional issues. To request consultation services at no charge,
please call 974-2831. Faculty from the College of Medicine are not providers of care at the
Counseling Center. Your contact with the Counseling Center is confidential as provided within the
parameters of professional ethics and applicable federal and state statute.
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2. USF Health Campus

Beginning September 2009, a new option for personal and mental health counseling
services will be available on the USF Health Campus. You may make an appointment to
meet with a counselor by calling (813) 974-0474. When you make an appointment you will
be provided the location of the counseling office in the medical center. Please remember to
ask for the room number in the MDC building. These services are being provided and
administered by counselors in the USF Department of Psychology. All meetings will be
confidential and not reported to anyone in the College of Medicine. A counselor will be
available by appointment only on Tuesday mornings from 8:00 a.m. until 12:00 p.m. and
Thursday afternoons from 1:00 p.m. until 5:00 p.m.

The HELPS Program (see below) will continue to provide service to students and should
still be considered for assistance as a service available 24/7. HELPS should be called in an
urgent or emergency circumstance.

3. Health Enhancement For Lifelong Professional Students (HELPS)

The HELPS program as described below is available to students for stress prevention and
personal counseling related to a variety of personal issues including psychological, legal, financial
and other personal issues. The services are also extended to spouses, children and significant
others.

HELPS
(Health Enhancement for Lifelong Professional Students)

Wood & Associates

4700 N. Habana Avenue, Suite 300
Tampa, FL 33614

HELPS: (813) 870-0184

Out-of-area: 800-343-4670

Website: www.woodassociates.net

INTRODUCING THE HELPS (HEALTH ENHANCEMENT FOR LIFELONG PROFESSIONAL

STUDENTS) PROGRAM

As a student, you are an important asset. For this reason, the USF College of Medicine takes a
special interest in your well being. With this as an important consideration, the College of
Medicine offers a Health Enhancement for Lifelong Professional Students Program (HELPS).

Most people at some point in their   lives   experience   what   is   called   a   “major   life   stress”.    
Examples may include educational concerns, learning problems, financial worries, legal issues,
substance problems, relationship difficulty, etc. These may be problems that affect us directly
or indirectly regardless of our age, gender or socioeconomic status. Generally, we can deal
with our own problems and manage them successfully. When problems grow beyond our ability
to deal with them, we may be affected emotionally, physically, socially and academically.

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In recognition of these important concerns, we have established HELPS through the aid of Gary
L. Wood & Associates, P.A. – an organization specializing in the design and administration of
similar programs across the country. Wood & Associates is staffed with highly qualified
professionals who are available to provide guidance and assistance.

Confidentiality

Your contact with HELPS is confidential as provided within the parameters of professional
ethics, the USF College of Medicine contract, and applicable federal and state statute.

Who May Use the Program

The services of HELPS are available to you, any dependent eligible for insurance benefits and
your significant other whether or not they are currently covered under your health care
insurance policy.

Costs

The first three (3) visits by you and/or each of your dependents and significant other to HELPS
are at no charge to you, your family member or significant other. Additional contacts may be
covered by your behavioral health insurance plan. If any testing is recommended, the costs will
be the expense of the student, family member or significant other or may be covered by your
behavioral health insurance.

There probably will be charges for most of the professional resources to which you, your family
member, or significant other may be referred by your HELPS representative.

Through experience, Wood & Associates has found that many people contacting similar
programs want assessment and support from a program representative for personal, learning,
relationship or other concerns. Behavioral health insurance benefits may provide coverage for
concerns requiring treatment. In some cases, your HELPS representative may suggest clinics,
as opposed to private practitioners as a further step toward the lowest possible costs. Every
case, every problem, every budget is different. There may very well be low cost or no-cost
ways  to  resolve  your  problem.    One  thing  is  certain,  however;;  it  won’t  cost  you  anything  to  find  
out.

How to Contact HELPS

HELPS is easily accessed by dialing the designated HELPS line at (813) 870-0184. If you are
out-of-area, call the HELPS line at 1-800-343-4670. During regular office hours you will be
greeted   with   “HELPS   line,   this   is   ____,   how   may   I   assist   you?”     The   phone   is   answered,  
“HELPS  line  – may  I  assist  you?”  by  the  after-hours service. During evening hours or holidays,
a live answering service will take your call and a HELPS representative on-call will respond
promptly. All you have to say is that you are calling HELPS.

Wood  &  Associates’  corporate  office  is  located  at:

Habana Medical & Professional Building
4700 North Habana Avenue, Suite 300
Tampa, Florida 33614
(Located north of Martin Luther King, Jr. Boulevard/Habana Avenue intersection).

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THE PROGRAM

Nearly everyone finds it difficult to begin talking about a problem. Most problems are not easy
to define and have been around long enough to have become complicated. Making the first
contact by calling HELPS can be a major step in resolving the largest of problems. Remember,
the people you talk to will be warm, sympathetic, and understanding.

Your HELPS representative will help you identify your problem and find a qualified resource
near your work or home to help you. Remember, this is not a treatment program; rather, it
is an assessment, support, and referral program. After talking with you, a member of your
family or your significant other about the problem that prompted your call, your HELPS
representative will find the best source of help. HELPS is also a program that provides you with
a qualified professional to talk to about your career and professional development

PROBLEMS THAT HELPS CAN ASSIST IN RESOLVING

Problems that can be resolved by counseling or therapy:

- Academic concerns
- Learning disabilities
- Vocational/aptitude testing
- Career decisions
- Interpersonal difficulties
- Relationship problems
- Troubled children/adolescents
- Distress, anxiety, depression, other emotional concerns

Alcohol/drug use/abuse/dependency of personal or family nature. When students present

with a substance abuse problem, the student will be provided with referral information to the
Professionals Resource Network (PRN).

Problems that are typically resolved by the courts:

- Divorce, child support
- Property/lease suits
- Court orders
- Imprisonment

Money or credit problems

Other problem areas of concern:

- Care for aged/infirm
- Local social services
- Battered spouse
- Immigration
- Sex counseling

Individual or family crisis situations such as rape, assault, robbery, suicide or other life-
threatening trauma.

Most of the above problems can be even more complicated because they tend to have a ripple
effect,   i.e.,   very   often   one’s   health/concentration   is   affected.     This,   in   turn,   can   affect   one’s  
studies, work and relationships. While HELPS is neither a legal nor a loan agency, it can assist
you in finding appropriate help in those areas. Even if you are not the one who directly has the
problem, you may need help. Very often, an individual feels responsible (or actually is
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responsible) for another. If your relative or significant other seems to have a drinking problem,
or a family member is experiencing difficulty, you may still experience distress.

Summing Up

HELPS is a voluntary, confidential program to assist in finding help with a variety of problems.
There are no charges for you, your eligible dependents and significant other for the first three
HELPS contacts. Additional contacts may be covered by your behavioral health insurance plan.
Any testing that may be recommended is at the expense of the student, family member or
significant other unless also covered by behavioral health insurance. The student, family
member or significant other is responsible for any charges by professional resources to which
he/she may be referred. Your HELPS representative will help you determine the best and most
cost-effective means of dealing with your problem.

All information is kept confidential within the parameters of professional ethics, the USF College
of Medicine contract, and applicable federal and state statute. Finally, the only thing you have
to lose is the problem.

How To Survive, Succeed and Live Happily Ever After

Physicians, as a group, have a high incidence of stress-related conditions. In comparison to the

general population they have higher rates of alcoholism, drug abuse, suicide, depression, and
marital and family problems. The equivalent of one medical school graduating class is lost to the
profession every year because of these stress-related conditions.

Medicine is undoubtedly a stressful occupation. The stresses involved do not affect everyone
equally, however. For reasons that are not entirely clear, some physicians actually seem to thrive
on them. For those who find it more difficult to cope, however, one often finds that the seeds of
their undoing are sewn early in their careers, often dating back to college and medical student
days. Practicing doctors rarely grow out of the bad habits they develop for dealing with stress
during medical school and residency. These may include drinking too much, using illicit drugs,
denying that anything is wrong, thinking things will take care of themselves later, immersing
themselves in their work as a way of avoiding personal and family responsibilities, and failing to
adequately look after their own health and well-being.

Medical students need to learn how to cope successfully with stress as part of their training so that
they will be able to deal successfully with the many ups and downs they will encounter later in
practice. Good stress management habits learned during medical school will last a lifetime. While
some people have an easier time at this than others, coping with stress is not an innate talent -- it
can be learned.

The following ten-point stress management program is designed to help you learn how to cope and
survive. Refer to it from time-to-time, especially when things are getting rough. You will be
amazed at just how much you can accomplish.

1. Start now. Don't put it off until next week, next semester or next year. Procrastination
becomes a habit in itself. Don't say, "Just wait 'til I finish this course, or the year, or medical
school, or residency, or get settled in practice, and then I'll fix it." It will never get any
easier; in fact, things put off generally only get harder. Being a medical student or
physician does not confer any special type of immunity on you. You will need to start
putting aside some of your time so that you can deal with your personal needs and take
care of yourself.

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2. Get to know yourself. Get to know your own interests, limits, values and emotional needs.
Be honest with yourself about your limitations as well as your talents. Set realistic personal
and professional goals and allocate priorities accordingly. Choose your life, don't just let it
happen. Think about the pluses and minuses associated with the kind of doctor and
person that you want to be, as well as the kind of lifestyle and family that you envision for
yourself. Remember, you can't have everything -- if you want to achieve more in one
sphere, you will have to trade off in another. Adult status means taking responsibility for
both what you do and what you fail to do. Make sure that you do not have any regrets
when you look back. Take a deep breath occasionally, look at those things in life that you
are doing and not doing and make sure that it's really by choice.

3. Learn good work habits. Learn how to concentrate and focus so that you can get the most
work done in a given period of time. This takes practice. Set yourself up with a work
routine that you can adhere to, and study where there are least distractions. The secret to
getting through medical school is consistency -- plodding away day by day, bit by bit, rather
than episodic bursts of brilliance. Reward yourself when you have studied well (by doing
something enjoyable) -- don't do the enjoyable thing first on the basis that you will study
later. Don't bite off more than you can chew. Learn to set limits on yourself and be
realistic. Learn when to stop work, leave it behind and enjoy yourself. Don't kid yourself
that you're working when you're not -- if you have a block, get up and do something else
that gets your mind off yourself for a while, such as exercise, and then come back to your
work. Don't hide behind your work and use it as a way to avoid dealing with the world and
having a life.

4. Learn how to relax. Let yourself have some fun. Play a little. Don't worry always about
what other people will think. Don't take yourself too seriously. Find activities to do that you
really enjoy and that let you get your mind off yourself, including ones that don't take too
much time. Listen to some music, see a movie, go to the theater, go for a stroll, go to the
beach. Don't watch T.V. mindlessly thinking that it is relaxation -- it won't do anything for
you. You may find it useful to train yourself to use Benson's technique for eliciting the
Relaxation Response:

1) Sit quietly in a comfortable position.

2) Close your eyes.
3) Deeply relax all your muscles beginning at your feet and progressing up to your
face. Keep them relaxed.
4) Breathe through your nose. Become aware of your breathing. As you breathe out,
say the word "one" silently to yourself. For example, breathe in, breathe out saying
"one" --- breathe in, breathe out saying "one" --- and so on. Breathe easily and
naturally.
5) Continue for 10-20 minutes. You may open your eyes to check the time, but do not
use an alarm. When you finish, sit quietly for several minutes, at first with your eyes
closed and later with your eyes opened. Do not stand up for a few minutes.
6) Do not worry about whether you are successful in achieving a deep level of
relaxation. Maintain a passive attitude and permit relaxation to occur at its own
pace. When distracting thoughts occur, try to ignore them by not dwelling upon
them and return to repeating "one." With practice, the response should come with
little effort. Practice the technique once or twice daily, but not more than two hours
after any meal, since the digestive processes seem to interfere with the elicitation of
the Relaxation Response.

5. Learn to get out of role. Find time to just be yourself, not what others expect or demand.
Get involved in something as you, yourself, not as a medical student, such as a
relationship, a book, a hobby, a cause, etc. Intimacy is an "I:Thou" relationship that
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involves dropping your defenses and just being yourself with someone who is just being
themselves. It involves risk and trust, things that you may need to experiment with at this
stage of your development. Allow your own identity as a person to grow and flourish, just
as your identity as a doctor grows and flourishes during your medical education.

6. Look after yourself. Save some of your time for yourself. Do not neglect or defer your own
needs for sleep, eating, recreation, vacation, hobbies, interests and spiritual involvement.
There is no right amount of sleep for everyone, but if you find you are falling off to sleep
during lectures or while watching T.V., you are not getting enough. Find some sort of
diversion that you can use to get your mind off your work when you need to give it a break.
Exercise regularly - preferably vigorously for at least 15-20 minutes, 3-4 times a week, for
this is probably the single most effective thing that you can do to maintain a sense of
well-being. Don't drink to excess or self-medicate with drugs or alcohol. Look after your
own health and get medical check-ups as necessary.

7. Spend time with family and friends. As we have said, Medicine is a demanding profession.
Probably the most difficult task that a physician faces is keeping a good balance between
the three different spheres of his/her life: (a) work, (b) self, and (c) relationships. The time
to start practicing this balancing act and experimenting with new approaches is during
medical school, because it only gets harder to do later on. All work and no play will
certainly make Jack or Jill a dull and unhappy doctor. Keep working on your relationships
so that they grow and develop with you, rather than stagnate.

8. Don't expect your life to take care of itself. The non-career aspects of your life will need as
much attention as the career aspects. As important as it is to you, becoming a doctor won't
be fulfilling enough by itself. You will need to have a life to lead as well, with interests,
involvements, beliefs and dreams of your own. Don't let your time in medical school seem
like four years of suspended animation, with no outside life or interests, or you may forget
how to have a life altogether.

9. Learn to share your feelings. Don't keep things bottled up. Talk things over with your
friends and family and learn to listen while they talk things over with you. Find ways of
expressing your feelings so that you can avoid unnecessary stoicism and denial. Take
risks at times by exposing your worries and vulnerabilities. Learn to accept help from
others, rather than always being the one that does the helping.

10. Get professional help when needed. Early intervention is best. Don't become a statistic --
get help if distress persists. Call the Medical Student Stress Management and Counseling
Program for information and assistance. Getting help when you need it is not a sign of
weakness; rather, it is an indication of strength and maturity. Remember, the earlier you
catch something, the easier it is to deal with. Call us and come in to talk things over if you
begin to experience any of the following warning signs:

1) Increasing periods of depression or anxiety.

2) Increasing alcohol and/or drug consumption.
3) Increasing feelings of fatigue, being run-down and worrying about health.
4) Major changes in sleep, appetite, bowel or sex functions.
5) Deteriorating relationships with family, friends and associates.
6) Increasing periods of anger, irritability and frustration.
7) Loss of meaning and purpose to life.

How To Determine Your Stress Level

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Stress is the result of change, both good and bad, that exceeds the individual's ordinary capacity to
adapt. The body's reaction to stress is to mobilize any one of a number of emergency responses
to protect itself from being overwhelmed. The common "fight or flight" response that sends your
pulse racing and dries your mouth is but one example of this adaptive mechanism. Psychological
"denial" is another way that the individual can protect himself from being overwhelmed.

The human organism has many built-in ways for dealing with stress, all of which serve a purpose.
We are, in fact, extremely well equipped to deal with stress -- provided it is relatively short-lasting.
The trouble starts when the stress is more long-lasting since all of the mechanisms that have
evolved to cope with it, while adaptive in the short run, are maladaptive in the long run. They are
designed to be used on a temporary basis only, not to become a permanent part of the individual's
way of life. That extra burst of adrenaline or use of denial is fine for a brief while, but not over the
long haul.

So, don't be afraid of stressing yourself for brief periods of time, just make sure you can take a
break from time-to-time to let your body rest and return to normal. In fact, learning to cope with
small doses of stress helps build up a tolerance that will enable you to cope with progressively
larger amounts of it over time. It is only when these stress-related mechanisms are left on for long
periods of time without relief that the signs of trouble start: physical or emotional distress or
dysfunction, deterioration in personal relationships, increased alcohol or drug consumption, or
behavioral and personality change.

Stress & Life Change Inventory

The Stress and Life Change Inventory found on the following pages is a self-administered review of
the major life areas affected by stress. You can use it as a reference point by completing it as you
are now and reviewing it every so often as you progress through medical school to see if there are
any changes. You may also find it useful in identifying areas that you may need to work on. There
are no right or wrong answers. Turn the page and give it a try, choosing the answers that best
apply to you.

Assessment Forms (see the following pages)

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I. PERSONAL SENSE OF WELL-BEING

Please circle the answer below that best applies to you.

Not A
at Great
During the past three months: All Some Deal

1. Has your enjoyment of life decreased? .....................................0 1 2

2. Have you had less time for family and friends? ........................0 1 2

3. Has your sense of self-worth diminished? ................................0 1 2

4. Have you been more tense and irritable? ..................................0 1 2

5. Have you lost interest in things? ................................................0 1 2

6. Have you become more discouraged and depressed? ................0 1 2

7. Have you had difficulty in making decisions? ...........................0 1 2

8. Have you had difficulty in controlling your temper? .................0 1 2

9. Have you had trouble coping? ....................................................0 1 2

10. Have your religious activities changed? .....................................0 1 2

Are there any other aspects of your personal life that have been troublesome or stressful to you
during the past three months?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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II. PERSONAL HEALTH STATUS

Please circle the answer below that best applies to you.

Not A
at Great
During the past three months: All Some Deal

1. Have you been seriously ill or injured? ......................................0 1 2

2. Have you become concerned about your health?.......................0 1 2

3. Have health problems prevented you from functioning

properly? ...................................................................................0 1 2

4. Have you felt tired and run down? .............................................0 1 2

5. Have you had difficulty sleeping? ..............................................0 1 2

6. Has your appetite changed? ........................................................0 1 2

7. Has your weight changed?..........................................................0 1 2

8. Has your interest in sex changed? ..............................................0 1 2

9. Has your amount of exercise changed? ......................................0 1 2

10. Has your use of alcohol or drugs changed?................................0 1 2

Are there any other aspects of your health that have been troublesome or stressful to you during
the past three months?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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III. HOME AND FAMILY LIFE

Please circle the answer below that best applies to you.

Not A
at Great
During the past three months: All Some Deal

1. Have you changed your place of residence? ..............................0 1 2

2. Has the composition of your household changed?.....................0 1 2

3. Has there been any serious illness or injury in your

family? .................................................................................... 0 1 2

4. Has any family member had major emotional problems? .........0 1 2

5. Has any family member been in trouble at work or

school? ......................................................................................0 1 2

6. Has any family member been in trouble with alcohol or

drugs? ........................................................................................0 1 2

7. Have you had problems with your spouse or partner? ...............0 1 2

8. Have you had problems with other relatives? ............................0 1 2

9. Has the quality of your family life decreased? ...........................0 1 2

10. Have there been problems with physical abuse or

violence? ...................................................................................0 1 2

Are there any other aspects of your marriage or family life that have been troublesome or
stressful to you during the past three months?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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IV. SCHOOL AND WORK

Please circle the answer below that best applies to you.

Not A
at Great
During the past three months: All Some Deal

1. Has the way you work changed significantly? ...........................0 1 2

2. Has your type of schoolwork changed significantly? ................0 1 2

3. Have you been unable to do your work? ....................................0 1 2

4. Have you been in trouble at school?...........................................0 1 2

5. Has schoolwork become more stressful? ...................................0 1 2

6. Have you become dissatisfied with school?...............................0 1 2

7. Have you become less productive than usual? ...........................0 1 2

8. Have you had difficulties getting along? ....................................0 1 2

9. Have you been treated unfairly? .................................................0 1 2

10. Has school or work become less enjoyable ................................0 1 2

Are there any other aspects of school or work that have been troublesome or stressful to you
during the past three months?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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V. FINANCIAL AND LEGAL STATUS

Please circle the answer below that best applies to you.

Not A
at Great
During the past three months: All Some Deal

1. Has your standard of living changed? ........................................0 1 2

2. Have you had a difficult time making ends meet? .....................0 1 2

3. Has your income decreased? ......................................................0 1 2

4. Have your expenses increased? ..................................................0 1 2

5. Have there been other changes in your financial status? ...........0 1 2

6. Has your overall sense of economic security changed? .............0 1 2

7. Have other members of your family been in financial

trouble? .....................................................................................0 1 2

8. Have you been in trouble with the law? .....................................0 1 2

9. Have other members of your family been in trouble with

the law? .....................................................................................0 1 2

10. Have you or your family had other legal problems? ..................0 1 2

Are there any other aspects of your financial and legal situations that have been troublesome or
stressful to you during the past three months?

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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Alcohol and Drug Use Among Medical Students and Physicians

As practicing physicians you will have to be able to drink in moderation or else abstain from alcohol
use altogether. Otherwise you will risk losing your license, your profession and all that you have
worked so hard for. Not everyone handles or responds to alcohol in the same way. Some 5 to 8
percent of the population are not able to control their use of alcohol and become impaired by it.
Alcoholism is an "equal-opportunity" illness that affects everyone -- medical students and
physicians included. It is essential that you learn how to drink responsibly while you are in medical
school or else learn how to live and participate in society without drinking.

You will also have to find ways of enjoying yourself and managing your day-to-day stresses without
resorting to mind-altering chemicals. Physicians are a high-risk group for impairment from drug
abuse because of the relative ease of access they have to prescription medications and because
of the high degree of stress that is an unavoidable part of the profession. Taking even a small
amount of an illicit substance is not a good idea for a physician or a medical student, for that is how
the road to increased use begins. Of course, no one thinks it will happen to them. But once it
becomes a habit, it becomes increasingly difficult to break or control. Patients need to be able to
trust that their doctors have clear minds when they make decisions and judgments that involve
their lives and well-being. Accordingly, you will need to regard your brain as too valuable a
possession to pollute with adventitious toxic substances.

Using alcohol or other mind altering drugs as a means of self-medication to escape from worry or
relieve stress will sooner or later get you into trouble in a medical career. You owe it to yourself to
use your time in medical school to develop more long-lasting methods of stress management. And
if you are one of those who, in college, had to get drunk or use drugs to have a good time, you will
need to develop ways of feeling good without using chemicals if you aim to practice when you
graduate. Being a doctor doesn't mean being a saint -- but it does impose real restrictions and
responsibilities on you in order that the lives and well-being of your patients will not be jeopardized.

The set of questions on the following page is intended to help assess whether or not you are at risk
for becoming impaired as a result of your use of alcohol or drugs. It is adapted from the widely
used Michigan Alcoholism Screening (MAST) Questionnaire. Answer the questions by circling the
number under "Yes" or "No," add up your total score of circled numbers when you finish and
interpret it as indicated. Use a pencil so that you can use the questionnaire again if you wish at a
later date.

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ALCOHOLISM AND DRUG ABUSE SCREENING QUESTIONNAIRE

Please circle the number under the appropriate answer.

Yes No
1. Do you feel you are a normal drinker? ............................................................................ 0 2

2. Do you ever use illicit drugs? .......................................................................................... 2 0

3. Have you ever awakened the morning after drinking and found
that you could not remember part of the previous evening? .................................... 2 0

4. Do your spouse, parents or close friends ever worry or complain

about your drinking or drug use?..................................................................................... 1 0

5. Can you stop drinking without a struggle after one or two drinks? ............................... 0 2

6. Do you ever feel bad about your drinking or drug use? ................................................. 1 0

7. Do friends or relatives think you are a normal drinker? ................................................. 0 2

8. Do you often drink to the point of intoxication? ............................................................. 2 0

9. Are you always able to stop drinking or abstain from drugs when you want to? .......... 0 2

10. Have you gotten into fights when drinking or using drugs?.......................................... 1 0

11. Have drinking or drugs ever created problems between you and your spouse? ........... 2 0

12. Have your spouse, other family members or close friends ever
gone to anyone for help about your drinking or drug use? ...................................... 2 0

13. Have you ever lost friends because of drinking or drug use? ........................................ 2 0

14. Have you ever gotten into trouble at work or school because of drinking or drug use?2 0

15. Have you ever lost a job or failed at school because of drinking or drugs?.................. 2 0

16. Have you ever neglected your obligations, your family or

your work because you were drinking or using drugs? ............................................ 2 0

17. Do you ever drink before noon? ..................................................................................... 1 0

18. Have you ever had the "shakes", heard voices or seen things
that weren't there after heavy drinking or drug use? ................................................ 2 0
19. Have you ever thought of getting help for your drinking or drug use? ......................... 2 0

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20. Have you ever sought help for an emotional problem in which drinking or
drug use has played a part? ............................................................................................. 2 0

21. Have you ever been arrested, even for a few hours, because of drunk behavior
or drug use? ..................................................................................................................... 2 0

_______________________________________________

A score of five or greater suggests you are at risk for developing alcoholism or drug abuse.
A score of three or less point suggest that you are currently not at risk, provided you have
answered all of the questions honestly. If your score puts you in the "at risk" group, you
should take steps immediately to get your drinking under control and refrain from using
other mind altering substances. If you want help in doing either of these, call the MSSPAC
Program at 974-6856 for assistance or counseling. It is better to get help than to become
a statistic.

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VIII. MISCELLANEOUS

A. BICYCLES

Bicycle racks have been provided for your convenience in several locations around the
Medical Center. Bikes must be parked in these racks and may not be chained to trees,
pillars, etc. Bikes are not to be brought into any campus or hospital building.

B. BOOKSTORE

The USF Health Bookstore (974-4984) is located adjacent to the south courtyard. The
store carries all required and recommended books for the COM. In addition, numerous
reference books, medical instruments, dissecting supplies and lab coats are available.

C. BUILDING PROBLEMS

Please report any problems (broken desks, malfunctioning equipment, lost keys, etc.) to the
Office of Student Affairs, MDC 1002 (974-2068).

D. CAMPUS RELIGIOUS CENTERS

Campus fellowship buildings for the Baptist Student Center, Catholic Student Center,
Episcopal Student Center, Hillel Center and the University Fellowship Chapel are located
near the east border of the main campus on USF Sycamore Drive and 50th Street.

E. DISABILITY INSURANCE

Medical students are required to purchase disability insurance. Disability insurance is

available to all medical students and must be paid for through the Student Affairs Office.

F. DISSECTING LABORATORY RULES

The removal of any cadaver material from the dissecting laboratory is prohibited. Violation
of this rule will result in severe disciplinary action.

G. EDUCATIONAL RESOURCES

The libraries are open to faculty, students, staff and other qualified health-related personnel.

1. USF Shimberg Health Sciences Library

Associate VP: Ms. Beverly Shattuck

Document Delivery Librarian: Ms. Jo-Ella Young
Education/Reference Librarian: Mr. John Orriola
Asst. Dir. of Information &
Outreach Services: Mr. Danny O'Neal

HOURS: Monday-Friday 7:30 a.m. – 11:00 p.m.

Saturday 10:00 a.m. – 6:00 p.m.
Sunday 12:00 p.m. – 11:00 p.m.

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2. Tampa General Hospital Library
Monday – Friday 8:00 a.m. – 5:30 p.m.

3. Tampa Veteran's Administration Hospital Medical Library

Monday - Friday 8:00 a.m. – 4:30 p.m.

H. FITNESS CENTER

The Fitness Center and adjoining lounge are for the exclusive use of all students, faculty
and staff in the College of Medicine (includes MD, DPT, graduate and athletic training
students). You must have your USF ID whenever you are in the gym. You must sign in
and  out  on  the  “Use”  sheet  in  the  gym.    No guests are permitted to use these rooms.

It is the responsibility of everyone to keep these areas clean. You must bring a towel with
you and wipe off equipment after use. Report any damaged or broken equipment to
Student Affairs (974-2068).

The Fitness Center will not be professionally staffed. Thus, with safety as the primary
concern, you must be in the presence of another member of the USF COM community
staff, faculty or student whenever you use the facility. Prior to using the Fitness Center you
must watch a safety video posted online and then notify, via email, the Associate Dean for
Student Affairs acknowledging that you have viewed the video.

Violation of this standard will result in the loss of privileges in the fitness center for six (6)
months. A repeat offense will be referred to the APRC.

All other rules are posted within the fitness center.

I. FOOD SERVICE

Snack bar services are available in the USF Health Bookstore. The hours are Monday -
Friday 7:30 a.m. – 2:00 p.m.

J. HONORS AND AWARDS

The USF COM has an active chapter of Alpha Omega Alpha (AOA) Honor Society. Each
year outstanding students who meet the established criteria are selected by AOA for
membership. For more information contact Student Affairs or the faculty chancellor, Dr.
Patricia Emmanuel, Department of Pediatrics, or the student members. The USF COM has
a chapter of the Gold Humanism Honor Society (GHHS) identified as the Barness/Behnke
Chapter of the GHHS. Each year a number of students who are recognized for outstanding
humanistic qualities are elected by sitting members of the chapter. Information about the
society may be obtained from the Associate Dean for Student Affairs.

K. KEYS

All students are issued keys at registration that allow access to the labs in the Health
Science Center. Please contact Student Affairs at 974-2068 for problems with your keys.

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L. LICENSURE EXAMS

The Federation of State Medical Boards of the United States (FSMB) and the National
Board of Medical Examiners (NBME) have established a single, uniform examination for
medical licensure in the United States which is known as the United States Medical
Licensing Examination (USMLE). The USMLE Step I covers the basic medical sciences
and is taken at the end of the second year in medical school. Step II CK covers the clinical
sciences and Step II CS is a practical clinical examination. Step II CK and Step II CS are
taken in the fall of the fourth year. Step III is taken after the first year of residency.

Students matriculating in the USF COM must take and pass Steps I, II CK and II CS of the
USMLE prior to graduation.

M. LOCKERS

Lockers are provided free of charge for first and second year medical students in the area
adjacent to the student laboratories. You may choose any empty locker and you must
supply your own lock. The Office of Student Affairs will notify all students via e-mail when to
remove all articles from their lockers at the end of the academic year.

N. MARRIED STUDENTS

The surrounding area has opportunities for spouse employment. Some spouses are full-
time students at USF or nearby colleges. In addition to class parties and gatherings, the
spouses club also occasionally makes plans for couple’s activities. Class members with
children will find many nearby daycare centers or checkout Childcare at USF.

O. MEDICAL CENTER POST OFFICE

A branch office of the United States Postal Service is located in room MDC 1415. Stamped
mail may be dropped off between the hours of 8:30 a.m. to 4:00 p.m. A full-service Post
Office is located on USF Holly Drive.

P. PARKING

1. On Campus
There is parking in student lots at the Medical Center. If you have a car in Tampa and will
be parking on campus, you are required to purchase a USF parking permit. Permits will be
sold during the first week of classes and must be renewed annually. This rule applies to all
USF students, even medical students during the clinical years of training when they are
seldom actually on the USF campus. Lots are often crowded so make certain to allow
sufficient time to find parking to ensure that you arrive at your classes prior to the time they
begin.

2. At Tampa General Hospital

Effective May 26, 2009, students must park at the Tampa General Hospital (TGH)
remote lot (located at the corner of South Hyde Park Avenue and Brorein Street) while
participating in required and elective clinical rotations at TGH. This will include
Longitudinal Clinical Experience (LCE) I and II for first and second year students.
Students require a hang tag for parking. Pick up your hang tag from the parking office in
the garage between 7:00 a.m. and 4:00 p.m.

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Additional information from TGH Director of Safety and Security:
Hours of operation are planned for weekdays from 5:30 a.m. to 9:00 p.m.
A tent shelter and security staff will be located at the lot
A continuous loop shuttle will run between TGH and this lot every 15 minutes
Anyone working late will be taken to the lot by TGH Security
This is only for Day shift (Monday-Friday)
Students on 2nd or 3rd shift and weekends will continue to use the parking garage
and it will be free. You must present your USF Student ID.

Q. PERSONAL SAFETY

The Campus Security office is located in MDC 1023. Their telephone number is 974-2417.
If no one is present the phone reverts automatically to the University Police at 974-2628.
The safety of students is a primary concern of the COM. The educational process involves
long hours, many spent alone studying or working in the laboratory. Students must take
extra precautions on and off campus. USF police suggest the following preventive
measures: avoid isolated sites, have access to other people or a phone, call the police
department (974-2417) when working or studying on campus after hours so the area can
be patrolled, secure doors behind you, don't walk to the parking lot alone at night, call the
SAFE (974-7233) on campus for a Safe Team Escort.

A Security Officer is on duty at the Health Sciences Center on a 24-hour basis. Officers
frequently check ID's, so be sure to carry your student ID card with you when at the HSC
after regular hours.

If you have a true emergency you should call 911.

However, if you are calling from a cell phone you most likely will get another
police department first. You must tell them this is an emergency on USF property
and that you are calling from a cell phone. The emergency system can now
identify cell phones, but it is unclear how well this is currently working. You
should be prepared to give your name and precise location. You should also state
if you feel threatened.

Sexual assault is a criminal violation subject to prosecution by the State Attorney's Office.
All sexual assault allegations reported to the USF police are referred to the State Attorney's
Office, which then makes the decision whether to prosecute.

R. PHOTOCOPY MACHINES

Students have access to copy machines located in Nickels Student Computer Lounge and
the USF Shimberg Health Sciences Library. Students must provide their own paper when
using Nickels Lounge. There is a ten-cent per page charge when using the library. If you
have a great deal of material to copy, you may want to use Pro-Copy at 5219 E. Fowler
Avenue, which generally discounts medical student copying with a USF Gold Card.

S. PLACES TO STUDY

Study space is available for students in the USF Shimberg Health Sciences Library,
assigned student laboratory space, and the student lounges. Students have access to the
labs on a 24-hour basis. The study areas in the library are available during normal library
hours.

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T. RESEARCH OPPORTUNITIES THROUGH MEDICAL SCHOOL

Numerous research opportunities exist within the Medical Center for those students
interested in interaction with an academic environment. Time exists to participate in
research, most notably through the stipend program during the summer between your first
and second years. Often, you may actually be able to receive a stipend during your work
while, at the same time, obtaining citations for your CV, which is invaluable to successful
placement for residency. Any students interested should either contact one of the Student
Council Officers or Dr. Phillip Marty, Associate VP, Strategic Partnerships & Legislative
Affairs, MDC 1419.

U. RESIDENCY

After completing your medical school education you will enter a residency program. The
term "internship" is no longer officially used to refer to the first year of post M.D. training.
Each year of residency training is referred to as PGY-1, PGY-2, etc. (post-graduate year-1,
etc.). Residency programs are three to seven years in duration, depending on the
specialty, and may be followed by fellowship training for some sub-specialties (i.e., pediatric
cardiology, vascular surgery, etc).

You will begin to submit applications to residency programs at the start of your senior year.
During the period prior to this you may search the internet for or write to the programs that
are of interest to you for brochures and applications. Most specialties and programs
participate in the Electronic Residency Application Service (ERAS). The designated Career
Counselors, specialty advisors and faculty members are the best source of information on
programs in a given specialty. The Student Affairs office will advise you on the application
procedure and the National Resident Matching Program (NRMP), which functions to match
applicants with residency positions in hospital programs. In February of your senior year
you will submit a list of programs for which you wish to be considered, in descending order
of preference, to the NRMP. The programs submit to the NRMP a list of applicants in
descending order of preference. The NRMP uses a computer matching algorithm to place
the student with the program, giving the student their highest choice of program willing to
accept that student. The program is weighted toward the student's preferences and has
worked well for our students.

V. USF STUDENT I.D. AND ACTIVITIES

Prior to freshman orientation, students should obtain their USF Student ID card from the
USF ID Card Center located in the Phyllis P. Marshall Center (Room 1505). The cost for a
new card is $10 and the cost is $15 for a replacement card.

Your official USF ID card will have a magnetic strip allowing door access to certain areas in
the Health Science Center. Your USF ID card is also used as your hospital identification
tag. It must be worn on your white lab coat any time you are in a clinical setting. Please go
to the USF ID Card Center if a problem occurs with your card or to replace a lost card.

You will need your USF ID card to take advantage of many University services and
facilities. Pick up a Student Activities Calendar at the University Center Information desk to
see the schedule of University events for the current term. University activities include low-
priced weekend movies, art films, jam sessions, concerts, plays, lectures and sport events.
Use the campus newspaper, The Oracle, to keep up with current events.

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W. STUDENT LOUNGE AND NICKELS STUDENT COMPUTER LOUNGE

The Student Lounge is located in the USF Shimberg Health Sciences Library. The Nickels
Student Computer Lounge is located adjacent to the bookstore in MDC 1050a. Nickels is
open 24/7 and is accessible with a USF ID card.

X. STUDENT MAILBOXES

Mailboxes for first and second year students are located in the corridor between the first
and second year histology labs. Please check these boxes frequently. The Student Affairs
Office as well as other departments in the College use the mailboxes as the only means of
disseminating hardcopy messages or information to you.

Y. STUDENT PROGRAMS AND ORGANIZATIONS

Check out current information for Student Organizations and Student Government
online. A wide variety of student interest groups and College Of Medicine, local and
national organizations are available for your participation.

Z. FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

Before beginning clinical rotations or clerkships, select facilities and both the James A.
Haley Veterans Hospital and the Bay Pines VA Healthcare System require fingerprinting
of medical students. The fingerprinting activity is coordinated through the Office of
Educational Affairs and the COM Police Department during the Professions of Medicine
course for Year 1 students and during the Introduction to Clerkships Course for Year 3
students. Occasionally, externship programs require Year 4 students to provide
documentation for fingerprinting and a criminal background check analysis. Costs of
doing research for a report by a licensed provider are the responsibility of the student.

IX. HONOR CODE

Honor and integrity should embody all that we, as medical professionals, undertake.
How we act as students is highly indicative of what our character will be like in both the
professional and personal realms of our lives. Practicing integrity now makes integrity in
the work place so much more attainable.

The Honor Code is a system that was developed and adopted by the charter class of the
USF College of Medicine. The individuals who developed and approved the document
believed strongly that the USF COM represented a community of professionals. The
men and women who make up this community are at the beginning of their careers in
medicine, and as such, should conduct themselves in a professional manner in the
classroom as well as in the clinical setting. Therefore, all students of the College of
Medicine are asked to sign a copy of the Student Pledge of Honor at the beginning of
their four years. Additionally, students are asked to sign an Honor Pledge after each
examination as a reminder and reaffirmation of our responsibilities as members of the
professional community. As professionals we have accepted a great deal of
responsibility. The Honor Code represents a model by which we may begin to frame our
professional behaviors. I hope you will take the time to read and understand the Honor
Code and professional community. Essentially, it represents a description of the

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standards we, as students, aspire to have as physicians and researchers. A student
whose actions are inconsistent with the spirit of the Honor Code may be identified by
another student for violating the community of trust. In this event, the Honor Code
bylaws describe a procedure by which a satisfactory resolution to the situation may be
achieved. The fundamental points of this process include a trial by a jury of peers,
protection of anonymity, and self-government within the COM.

As will all things, the Honor Code requires adjustment as the needs of the community
change. You will notice in the bylaws that any student enrolled in the College of
Medicine may propose such amendments to the Honor Code. As a reminder, I would
suggest that you take a moment to read the Honor Code and meet your class
representatives. They are available to answer any questions or help solve any problems
you many have. Your representatives for the academic year 2009-2010 are listed
below:

Class of 2010
Navid Eghbalieh [email protected]
Charley Woods-Hill [email protected]

Class of 2011
John Kanaan [email protected]
Matt Diveronica [email protected]

Class of 2012
Kenzo Koike [email protected]
Erika Reese [email protected]

DPT Class of 2010

Rhodalyn Merene [email protected]

DPT Class of 2011

Zaida Coronado [email protected]

Drew Carey
USF COM MSIV
Honor Council Chair 2009-2010
[email protected]

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STUDENT PLEDGE OF HONOR
University of South Florida
College of Medicine Student Honor Code

PREAMBLE

In the tradition of the high standards of professional and personal conduct established over
two thousand years ago by our ancestral physicians and scientists, the students of the USF
COM create this Honor Code.

It is our intention that these standards should guide us not only during our medical training,
but also during our lives as physicians, researchers, and community leaders. In these roles,
we hope to pursue actively the respect of our patients, peers, and fellow men and women,
rather than to accept passively any respect that may be given our title.

We recognize that the practice of medicine is a great privilege and carries with it the
responsibility to uphold certain expectations of character and behavior. These principles
have long been held as the foundation of ethical medicine, and we must recognize that fact
as we now enter the medical community. The central elements of the oaths and creeds
repeated over history by those entering medicine comprise the ideals of Self-discipline,
Judgment, Conscience, and Personal Responsibility.

SELF-DISCIPLINE: We will strive to master the information presented to us in the

classroom, laboratory, and clinic, and will conduct ourselves in a manner befitting
our role as healers, scientists, and leaders.

JUDGMENT: We will adopt only the highest standards and ideals to shape our
actions and decisions concerning academic, professional, and personal affairs.

CONSCIENCE: We will hold life in the highest regard, whether human or animal,
and will strive to uphold human dignity.

PERSONAL RESPONSIBILITY: We will deal honestly with our patients and

colleagues, and will encourage such behavior in others by example. We recognize
that personal accountability can be delegated to no higher authority than oneself.

STUDENT PLEDGE OF HONOR

I have read and understand the statement of the Honor Code in the Preamble and
understand the procedures outlined in this document, and hereby agree to abide by them.

_________________________________________________
Name (Please Print)
_________________________________________________
Signature Date

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A. Honor Committee

1. THE HONOR COMMITTEE

1.1 The Honor Committee shall be composed of one Chair (senior student) elected by
the entire student body, and two Honor Representatives elected from each medical
class and the graduate student body, in accordance with the Student Body
Constitution. The terms of office will be two years. The first year students will be
elected for terms of one year at the same time that the other class officers are
elected at the beginning of the academic year. Starting in the second year, one
Honor Code Representative will be elected for a one year term and the other for a
two year term. It will clearly be stated at the time of the election, which
representative will serve for two years and which for one year. Each year
thereafter, one representative will be elected to a two year term, and the other
representative will continue the second year of the two year term. The graduate
student representatives will also serve alternating two year terms.

1.2 The purpose of this Committee is to oversee the implementation of this Honor Code
with emphasis on orientation of potential and enrolled students to its philosophy and
procedures.

1.3 Each member of the Committee shall also be available to meet individually with any
student who has concerns or questions related to the Honor Code.

1.4 The Honor Committee will meet at least once every two months. Failure to meet
this often will be considered the responsibility of the Honor Code Chairman. This
failure will be considered a serious violation of his or her duties. He or she will be
subject to dismissal by the Student Government President according to the
provisions of the Student Government Constitution.

1.4.1 Attendance at Honor Code Committee meetings is mandatory for all Honor Code
Representatives. Absences will be excused, only in advance of a meeting, at the
discretion of the Honor Code Chairman. Two unexcused absences by an Honor
Code Representative will result in his or her removal from the Honor Code
Committee by the Honor Code Chairman.

1.5 The members of the Honor Committee shall be considered University

representatives.

1.6 Should the Honor Code Chairman be away from the city for a period of more than
three weeks, one of the two Honor Code Representatives from the Fourth Year
Medical Class will be appointed Acting Honor Code Chairman, by the Chairman.
The Honor Code Chairman will inform the other Honor Code Representatives, the
Student Government President, and the Office of Student Affairs of whom the
Acting Chairman is and when the Chairman will be returning to the city.

1.7 Since the majority of the actions of the honor council take place behind closed
doors, any misconduct of an honor council representative during these actions
generally will not be known by the student population. Therefore, it is necessary
that the honor council be able to remove one of their members by an internal
mechanism. A motion for removal of an honor council representative must be

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made in writing to the chairperson of the honor council stating the exact reason(s)
for the requested removal. The removal of an honor council representative will
occur by a two-thirds vote of the council. An honor council representative who is
facing removal will be notified one week before the vote for removal as to why
he/she is being considered for removal. He/she will also be given the opportunity to
defend himself/herself immediately before the vote for removal is made. Any
vacancy made by the vote will be filled from the class of the removed honor council
representative by a class vote one month from the date of removal. This person
will serve the remainder of the term of the honor council representative whom
he/she replaces.

1.7.1 Any removed honor council representative will be able to file an appeal with the
executive board of the student government of the COM within two days of removal.
An appeal will consist of the following:

1) a statement made by the honor council chairperson as to the reason(s)

for removal, and
2) an opportunity to re-defend oneself on the part of the removed
representative.

A subsequent vote for readmission to the honor council will be made by the
executive board which must pass by a two-thirds vote for readmission to be
successful. This process will occur at a date determined by the student government
president which will be not later than one month after the vote for removal and no
sooner than one week. The vote for readmission will be considered the effective
date of removal of the replacement honor code representative, (if one has been
selected).

1.8 In recognition that a non-student point-of-view may be beneficial on occasion, a

faculty advisor position is created. An alternate faculty advisor position will also be
created to fulfill the position should a conflict of interest exist concerning the faculty
advisor. These positions will be filled by invitation from the honor council within one
month of elections for honor council representatives. The faculty advisor is to be
considered a consulting source to which the council has access, and, as such, this
advisor will not have any voting privileges in the decisions of the honor council.
Anonymity of all parties involved will be of the utmost importance in all
conversations and/or meetings at which the faculty advisor is present. Finally, the
faculty advisor will be required to attend the regular meetings of the honor council
and be available for consult by telephone during honor trails. As with honor council
representatives, the faculty advisor may miss up to two meetings per year provided
that he/she notifies the council prior to the meeting.

2. GUIDELINES OF PROFESSIONAL CONDUCT

2.1 Any action that conflicts with the spirit of professional and personal behavior as
described in the Preamble shall constitute violations of the Honor Code.

2.2 Breeches of professional conduct which shall constitute violations of the Honor
Code shall include but not be limited to lying, cheating, stealing, plagiarizing the
work of others, causing purposeful or neglectful damage to property, impeding the

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learning process of a colleague, jeopardizing patient care in any way, and failing to
pursue  others’  actions  thought  to  be  in  violation  of  the  Honor  Code.

2.3 The following honor pledge shall be printed at the end of every examination given at
the COM:

"On my honor as a University of South Florida COM Student, I pledge that I have
neither received nor given any unauthorized information prior to or during the taking
of this examination. I understand that if I am aware of any violation it is my
obligation to report this violation to an Honor code Representative."

_______________________________________
Signature Date

_______________________________________
Print Name

2.3.1 Any student not signing must provide an explanation to an Honor Code
Representative.

3. PROCEDURES

In the interest of promoting personal responsibility, a student who suspects a peer

of violating the Honor Code is encouraged to confront that peer with the grievance
and to attempt to resolve it independently. Should this not be possible, the
following procedures are to be implemented. Confidentiality of these procedures is
central to the spirit of the Honor Code, and a betrayal of confidence by anyone
involved shall be considered a violation of the Honor Code.

3.A REPORTING BREECH OF CONDUCT

3.A.1 Any student reporting a suspected violation of the Honor Code shall make such
report to any Honor Representative within three school days of becoming aware of
the suspected violation.

3.A.2 The Honor Representative initially contacted shall be responsible for creating a
confidential written record of the accusation including the time, date, place, and
nature of the suspected violation, the name of the accused, and the name and
signature of the accuser.

3.B HONOR TRIAL PRELIMINARIES

3.B.1 After an accusation has been made to an Honor representative, that individual shall
contact two other Honor Representatives, such that at least one of the three is in
the class of the accused. These three Honor Representatives shall discuss the
accusation and determine whether its seriousness warrants an Honor Trial. If an
Honor Trial is not warranted, the accuser shall be notified; the accused shall have
no knowledge of the accusation. The record produced in 3.A.2 with the names
removed shall be surrendered to the Chairman for review and then destroyed. If an
Honor Trial is warranted, the Honor Representative initially contacted shall notify the

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Chairman, who shall notify the accused. The record produced in 3.A.2 shall be
surrendered to the Chairman.

3.B.2 The proceedings in 3.B.1 must take place within two school days.

3.B.3 The accuser shall have two school days to appeal a negative decision by the Honor
Representatives to the Chairman.

3.B.4 If a trial is to take place, the Chairman shall, upon receipt of the accusation
produced in 3.A.2, give written notice to the Dean that an investigation of a
suspected Honor Code violation is to begin, omitting from that notice the names
and details of the accusation.

3.B.5 Notification to the accused shall be the record produced in 3.A.2, and the Chairman
shall retain one copy.

3.B.6 An Honor Trial shall begin within seven school days of notification of the accused.

3.B.7 The accused shall have at least three school days advance notice of the trial date,
time, and location.

3.B.8 The Chairman shall be responsible for setting the trial date, time, and location, and
for informing all parties concerned of that information.

3.B.9 The time constraints of sections 3.B.2 and 3.B.6 may be waived by the Chairman
in unusual circumstances beyond the control of the Honor Committee.

3.C ESTABLISHMENT OF AN HONOR TRIAL JURY

3.C.1 The Honor Trial Jury shall consist of the Honor Committee Chairman; one of the
two Honor Representatives from each class, except from the class of the accused:
and two Peer Jurors selected from the class of the accused (for a total of seven
voting jurors). The Honor Committee Chairman shall chair the jury.

3.C.2 In addition to the two Peer Jurors from the class of the accused, four alternates
shall be selected from that class. These shall serve as jurors only in the event an
established Peer Juror is challenged successfully; otherwise, they will not be
notified of their selection.

3.C.3 It is considered contrary to the spirit of the Preamble for a student to refuse to serve
as a juror. However, if he/she feels that a conflict exists, that student shall be
exempt if three of the remaining jurors, excluding the Peer Jurors, agree with the
conflict by secret ballot.

3.C.4 The accused shall have the right to challenge for no stated reason either of the
Peer Jurors. This privilege may be exercised only once.

3.C.5 The accused shall have the right to challenge with stated reason any member of
his/her Honor Trial Jury. The challenge shall be upheld if three of the remaining
jurors, excluding the Peer Jurors, agree by secret ballot with the validity of the
challenge.

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3.C.6 In the event that a member of the Honor Committee who is serving as a juror (not a
Peer Juror) is challenged successfully, he/she shall be replaced by the other Honor
Representative from his/her class. If the second is successfully challenged, another
Honor Representative shall be selected.

3.C.7 In the event the Chairman is removed from the Honor Trial Jury, either by 3.C.3 or
3.C.5, the jury shall be chaired by the most senior non-Jury Honor Representative.

3.C.8 All selections shall be random, and shall be made the Chairman.

3.D HONOR TRIAL PROCEDURES

3.D.1 In accordance with the process indicated above in the USFCOM Student Handbook
section IV.D.5.a, the accused shall have the right to choose an advisor who may
provide personal counsel, but who shall not act as an attorney or otherwise
participate in the Honor Trial.

3.D.2 The only persons allowed to witness the proceedings of an Honor Trial shall be: the
accuser, the accused and his advisor, the Honor Trial Jury, the remaining members
of the Honor Committee, and witnesses during their testimony only.

3.D.3 The accuser and the accused shall have the right to be present during the opening
and closing statements, and whenever evidence or testimony is being presented to
the Honor Trial Jury.

3.D.4 Evidence shall be presented in the following order: opening statement by the
accuser, opening statement by the accused, additional evidence or testimony to
support the accusation, additional evidence or testimony to refute the accusation.

3.D.5 The accused shall have the right to a closing statement after presentation of all
evidence or testimony.

3.D.6 The Honor Trial Jury shall have the right to request any material evidence relevant
to the case from any member of the student body, faculty, staff, or administration of
the COM, and the right to request any member of the student body (with the
exception of the accused), faculty, staff, or administration to testify before the jury.
3.D.7 When all testimony has been heard, the Honor Trial Jury shall convene in secret
and shall vote by secret ballot. Six out of seven votes by a single ballot shall be
required for conviction.

3.D.8 If during the proceedings of the trial, another student involved in the trial is accused
of a violation of the Honor Code, the Chairman shall appoint a non-jury member of
the Honor Committee to submit in writing an accusation against that student, as in
section 3.A.2. This case must be heard as a separate entity, and by a new Honor
Trial Jury. The time constraints of 3.B.2 shall be suspended until the completion of
the trial in progress.

3.D.9 Questions regarding the general conduct of the Honor Trial shall be decided by the
Chairman. The Chairman's decisions may be overturned by a majority vote of the
Honor Trial Jury.

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4. PENALTIES

4.1 Conviction for a first honor offense shall result in Trial Jury recommendation(s) for
specific action(s) to be taken by the appropriate faculty, staff, and/or administration
of the College of Medicine. The recommendation(s) shall be fixed by six out of
seven votes of the Trial Jury, and shall be decided immediately after conviction.

4.1.a. Academic action may include but shall not be limited to re-examination, re-
evaluation, remediation, or failure and repetition of one or more courses or
clerkships; such action may delay graduation.

4.1.b. Non-academic action may also be recommended; such action shall be appropriate
to the offense, and shall be decided by the Honor Trial Jury.

The recommendation(s) shall be announced at the conclusion of the Honor Trial

when the verdict of guilty is announced, but the action(s) recommended shall take
place no sooner than three school days after conviction.

4.2 Conviction for a second honor offense shall result in a Trial Jury recommendation
for expulsion.

5. REPORTS AND RECORDS

5.1 Should the accused be found innocent, the Chairman shall immediately destroy the
retained copy of the written accusation created in section 3.A.2. He shall then
record only the opening and closing dates of the trial and the verdict of innocent,
deleting from the statement the names of all those involved. A copy of this record
shall be given to those University representatives involved in the trial, and to the
Dean.

5.2 Should the accused be found guilty, the Chairman shall destroy the retained copy of
the record created in section 3.A.2, and shall then create two new records.

5.2.a. The first new record shall include the name of the convicted student, the trial dates,
the verdict of guilty, and a brief description of the offense. Copies of this record
shall be given to all those University representatives involved in the trial.

5.2.b. The second new record shall include the name of the convicted student, the trial
dates, the accusation, a brief summary of the proceedings, the verdict, the penalty
recommended, and the signature of the convicted student. This record shall be
reviewed by the Dean of the COM, and then kept in a locked Honor Committee file
located in the Student Government office, and to which the Chairman shall carry the
only key. When the convicted is no longer to be a student at the COM, this record
shall be surrendered to him/her upon his/her departure; but a copy shall be given to
the Dean if the student leaves under the provision of section 4.2.

6. APPEALS

6.1 The accused shall have the right to appeal any decision of the Honor Trial Jury.
Plans for such appeal must be made known to the Honor Committee Chairman
within three school days of the Trial Jury Decision.

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6.2 Appeals shall be directed to the Dean of the COM. The Chairman shall be present
at the initial meeting of the accused with the Dean.

6.3 The decision to support or overturn the Trial Jury decision shall rest solely with the
Dean.

7. AMENDMENTS

7.1 Any student may propose an amendment to the Honor Code.

7.2 Ratification of any amendment shall require two-thirds majority vote of the entire
student body of the COM.

X. STUDENT COUNCIL

A. CONSTITUTION AND BYLAWS

Constitution of The University of South Florida (Revised: 04/10/07)

College of Medicine Student Council

PREAMBLE: This document is the official constitution of the Student Body of the
University Of South Florida College Of Medicine. The purpose of the College of Medicine
Student Council is to provide effective student leadership for the classes and organizations
of the College of Medicine, serve as a liaison between students and administration,
promote effective medical education, and represent the College of Medicine. There are no
fees or dues associated with membership. Membership is granted by elected office, as
detailed below. Voting rights are assigned as indicated below. All College of Medicine
students are entitled to participate in regularly scheduled monthly meetings.

I. Student Body
The Student Body of the College of Medicine (COM) shall consist of those students
enrolled in the programs leading to the M.D., D.P.T., and/or graduate degrees in
medical sciences.
II. Student Government
A. Student Council
1. The governing organization of the student body shall henceforth be
designated as the Student Council.
2. Purposes of the Student Council
a. To represent the student body in matters concerning the
administration of the College of Medicine.
b. To govern budgetary allocations acquired from the Student
Government of the University of South Florida (USF) and the
College of Medicine Office of Student Affairs.
c. To provide representation for the College of Medicine on a
national basis.
3. Voting membership
a. Executive officers and the College of Medicine Senator hold
votes.
b. Each MD class will have four (4) votes. The class president
or one (1) of the class co-presidents is required to hold one

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of the votes. The remaining three (3) votes can be
distributed amongst the remaining elected class officers as
designated in the bylaws.
c. One elected student president from each of the three
classes of the DPT program shall hold a vote.
d. The President of the Association for Medical Science
Graduate Students (AMSGS) shall hold a vote.
e. No individual may permanently or temporarily hold two (2)
voting positions on the Student Council. Should any member
of the Student Council be filling a temporary vacancy, he/she
shall only be permitted the one vote of his/her permanent
position.
4. Active membership is restricted to currently enrolled USF students.
Non-students are not considered part of the active membership.
5. The term of office for all members of the Student Council shall be
one year (with the exception of MS-I officers, who may be members
for less than one year).
B. Honor Committee
1. Definition: That branch of Student Council which shall administer
the College of Medicine Honor Code shall be called the Honor
Committee.
2. The purpose and composition of the Honor Committee are
described in the Honor Code.
3. Duties of the Honor Committee members
a. Chair
1) Serve as described in the Honor Code
2) Serve as the principle spokesman for the Honor
Committee to the Student Council, student body,
faculty, and administration
3) Initiate and preside over meetings of the Honor
Committee
4) Ensure the execution of decisions and projects of the
Honor Committee
5) Maintain administrative records for the Honor
Committee
6) Administrative records are to be maintained in
College of Medicine for minimum of five years.
b. Honor representatives
1) Serve as described in the Honor code
2) Serve as spokesmen for the Honor Committee to
their constituents
3) Serve as confidential advisors for any student with
questions or concerns related to the Honor Code
4. Election of the Honor Committee
a. Chair
1) The chair shall be elected in the same manner as the
Executive Board of the Student Council (Section IV-
A) but this vote shall be supervised by the outgoing
Honor Committee Chair
2) Only a rising senior M.D. student shall be eligible for
this office

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3) The term of office shall be one year
b. Honor Representatives
1) The rising MS-II, MS-III, MS-IV, DPT-2, DPT-3, and
the Graduate student honor representatives shall be
elected in the same manner as the class officers
(Section VI-A)
2) There will be two (2) representatives from each
medical and graduate school class and one (1)
representative from each DPT class. The election will
be supervised by a member of the Honor Committee
3) The MS-I and DPT-1 honor representatives shall be
elected with the other MS-I and DPT-1 class officers.
Elections will occur during the second week of
classes in both the fall and spring semesters, but
otherwise in the same manner as the other
representatives
4) The term of office shall be one year
5. Removal of a member of the Honor Committee
a. A member of the Honor Committee shall be automatically
removed from the committee if found guilty of an Honor
Code violation
b. Anyone may submit a written complaint against a member of
the Honor Committee
1) Such a complaint must be submitted to a different
member of the Committee
2) The member against whom the complaint is directed
will be questioned by the Committee in a meeting
chaired by the Honor Committee Chair or, if the Chair
is under investigation, by one of the MS-IV Honor
Representatives who is chosen by a majority vote of
the remaining members of the committee
3) The member in question shall be removed by a 2/3
vote of the Honor Committee
6. Replacement of a member of the Honor Committee
a. Chair
1) One of the two MS-IV Honor Representatives shall
be chosen by a majority vote of the Honor
Committee to serve as interim chair until a new chair
can be elected as in Section IV-A
2) The election shall take place within three (3) weeks
b. Honor representatives: an election will be held within three
(3) weeks in accordance with Section VI-A
7. General Conduct
a. The Honor Committee shall meet at the discretion of the
chair at least once every other month with a minimum notice
of five (5) days
b. Honor Committee meetings shall be open to interested
parties, but the Chair shall have the power to move into an
executive session for matters of a confidential nature
c. Quorum shall be 50% + 1 of the Honor Committee

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d. Meeting shall be conducted according to Robert's Rules of
Orders, Newly Revised.
C. Student Organizations
1. The Student Council shall recognize a student organization by the
following means:
a. A formal constitution must be presented including:
1) Open membership
2) "No hazing" clause
3) 100% student membership clause
b. An officer list must be presented annually
2. One representative from each organization should attend the
monthly student council meetings as a non-voting member.
a. All upcoming functions should be reported
b. Shall be a forum for requests or grievances to the Student
Council
3. Each organization is responsible for submitting regular reports to the
Organizations Chair of the Student Council to keep the council
abreast  of  the  organization’s  functions.
4. Each organization is responsible for distributing information
regarding meetings and activities to the College of Medicine student
body
5. Organizations not abiding by these guidelines will be put on
probationary status as determined by a majority vote of the Student
Council

III. Executive Board of the Student Council and officer duties: The executive board
shall consist of the President, Administrative Vice President, Vice President of
Information Technology, Administrative Secretary, Executive Secretary, Treasurer,
Organizations Chair, and Honor Committee Chair of the Student Council.
A. President
1. Must be a rising fourth year medical student with prior COM Student
Council experience and voting membership.
2. Act as chief individual liaison between the administration and the
student body
3. Initiate and preside over meetings of the Student Council and the
executive board
4. Function as an accountable officer with an authorized signature in
discharging budgetary matters
5. Insure the execution of the decisions and projects of the Student
Council
6. Has the power to appoint chairmanships and committee
memberships as deemed necessary by the Student Council
B. Administrative Vice President
1. Must be a rising third or fourth year medical student in the COM
2. Shall represent the students on the Curriculum Committee
3. Assume the duty of President in his/her absence or removal in the
interim period
C. Vice President of Information Technology
1. Must be a rising third or fourth year medical student in the COM
2. Shall chair the Student Information Technology Committee at bi-
monthly meetings to discuss problems and concerns related to

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information technology
3. Will represent the Student Council on the COM Academic
Computing Committee
4. Will represent all COM students on the Long Range Information
Services Committee
5. Will maintain and update the official COM Student Council webpage.
6. Assume the duty of the Administrative VP in his/her absence or
removal in the interim period
D. Treasurer
1. Must be a medical student in the COM
2. Be responsible for maintaining records of budgetary allocations
concerning the Student Council
3. Inform the Student Council concerning budgetary matters by:
a. Monthly verbal reports
b. Semi-annual written reports
4. Formulate  and  present  the  Student  Council’s  budget  to  the  Student  
Government of the University of South Florida
5. Function as an accountable officer with an authorized signature in
discharging budgetary matters
6. Assume the duty of Vice President of Information Technology in
his/her absence or removal in the interim period
E. Administrative Secretary
1. Must be a medical student in the COM
2. Act as corresponding secretary for the Student Council
3. Transcribe the minutes of the Student Council meetings and submit
them to the Student Council and Student Government of USF
4. Maintain official files of the Student Council
5. Function as an accountable officer with an authorized signature in
discharging budgetary matters
6. Assume the duty of Treasurer in his/her absence or removal in the
interim period
F. Executive Secretary
1. Must be a medical student in the COM
2. Be responsible for planning and organizing traditional events which
benefit the entire student body. In this regard will oversee student
areas and facilities to include but not limited to the volleyball court,
student lounge, mailroom and sports equipment.
3. Aid in the organization and planning of new student orientation.
4. Assume the duty of Administrative Secretary in his/her absence or
removal in the interim period
G. Organizations Chair
1. Must be a rising second year medical student in the COM.
2. Shall serve as the contact person for all issues regarding student
organizations and will ensure student organizations are in
compliance with the constitution.
3. Shall perform other duties as delegated by the executive board of
the Student Council
4. Shall assume the duties of the executive secretary in his/her
absence or removal in the interim period
H. Honor Committee Chair
1. The chairman shall be elected in the same manner as the Executive

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Board of the Student Council (Section IV-A) but this vote shall be
supervised by the outgoing Honor Committee Chairman
2. Must be a rising fourth year medical student
3. The term of office shall be one year

IV. Procedures of the Executive Board

A. Elections
1. Election of the members of the Executive Board shall be held before
the end of the spring of each year
2. The Executive Board shall be elected from the College of Medicine
student body
3. The elections shall be supervised by the outgoing Student Council
President and elections committee following procedures outlined in
the bylaws
4. A majority vote of the MD and DPT student body shall elect each
member of the Executive Board
B. Transition Meeting
1. A transitional Student Council meeting of all current and newly
elected executive officers shall be held within 2 weeks following
elections.
C. Removal of a member of the Executive Board
1. A member of the Executive board shall be removed from office for:
a. Honor Code violations
b. Academic difficulty
c. Dereliction of duty
d. Misappropriation of funds
2. Impeachment proceedings will follow the guidelines provided in the
bylaws
D. Replacement of a member of the Executive Board
1. President: The Administrative Vice President of the Student Council
shall act in interim capacity until a new President may be elected as
in Section IV-A within a three (3) week period
2. Administrative Vice President: The Vice President of Information
Technology of the Student Council shall act in interim capacity until
an election occurs within a three (3) week period
3. Vice President of Information Technology: The Treasurer of the
Student Council shall act in interim capacity until an election occurs
within a three (3) week period.
4. Treasurer: The Administrative Secretary of the Student Council
shall act in interim capacity until an election occurs within a three (3)
week period
5. Administrative Secretary: The Executive Secretary of the Student
Council shall act in interim capacity until an election occurs within a
three (3) week period
6. Executive Secretary: The Organizations Chair of the Student
Council shall act in interim capacity until an election occurs within a
three (3) week period
7. Organizations Chair: An election will occur within three (3) weeks to
replace this position

V. Class Officers of the student body

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A. President / Co-Presidents
1. Serve as a liaison between the class, administration, and the
Student Council regarding complaints or suggestions pertaining to
respective class rules
2. Serve as a voting member of the Student Council
a. If the class is represented by Co-Presidents, at least one (1) of
the co-presidents is required to be a voting member of the Student
Council
b. Both of the co-presidents may serve as voting members of the
Student Council if decided as outlined in the By-Laws
3. Serve on administrative committees as requested by Student
Council or
administration
B. Vice President of Information Technology
1. Will determine the computer and electronic informational needs of the
students of each medical class and report them to the Student Council
Vice President of Information Technology
2. Will be a part of the Student Information Technology Committee (SITC)
3. Candidates for this position must have prior knowledge of computer
hardware (PC based) and software and networked environments
4. Assume the duties of Secretary in his/her absence
5. May serve as a voting member of the Student Council if decided by the
class as outlined in the By-Laws
C. Secretary
1. Assume responsibility for class correspondence
2. Record and distribute minutes of class meetings
3. Assume the duties of the class president/co-presidents in
his/her/their absence
4. May serve as a voting member of the Student Council if decided by
the class as outlined in the By-Laws
D. Treasurer
1. Record all financial expenditures of the class and report them to the
Class President(s)
2. Maintain responsibility for the class bank account
3. Assume the duties of Vice President of Information Technology in
his/her absence
4. May serve as a voting member of the Student Council if decided by
the class as outlined in the By-Laws
E. Chair of Social Activities / Co-Chairs of Social Activities
1. Shall implement social functions for their respective class
2. Assume the duties of Treasurer in his/her absence
3. May serve as a voting member of the Student Council if decided by
the class as outlined in the By-Laws

VI. Procedures of Class Officers

A. Elections
1. MS-I elections will be conducted at the beginning of each semester
as outlined in the bylaws
2. MS-II, MS-III, and MS-IV classes will have elections in the spring of
each year as outlined in the bylaws
B. Removal of class officers

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1. The class officers will be removed from their position for:
a. Honor Code violation
b. Academic difficulty
c. Dereliction of duty
d. Misappropriation of funds
2. Impeachment proceedings will be followed as outlined in the bylaws
C. Replacement of Class Officers
1. President/Co-Presidents: The Secretary shall act in interim capacity
until an election occurs (Section VI-A) within a three (3) week period
2. Vice President of Information Technology: The Treasurer shall act
in interim capacity until an election occurs within a three (3) week
period
3. Secretary: The Vice President of Information Technology shall act in
interim capacity until an election occurs within a three (3) week
period.
4. Treasurer: The Chair of Social Activities /Co-chair of Social Activities
shall act in interim capacity until an election occurs within a three (3)
week period.
5. No person shall hold two (2) seats in Student Council

VII. USF COM Student Senator

A. Shall be a representative to the Student Government Senate, the legislative
authority of the student body of the University of South Florida
B. Shall represent the College of Medicine as a voting member in Senate meetings
and legislative proceedings involving such matters as enacting, amending, or
repealing Student Government statutes; approving and allocating Student
Government Activity and Service fee budgets.
C. Duties:
1. Serve as a representative of the College of Medicine Student Body to
the Student Government Senate and maintain communication with the
Student Council President
2. Serve as a correspondent between USF COM Student Council and
main campus Student Government.
3. Serve as voting member of the Student Government Senate
D. Election:
1. Qualifications
a. Must be a USF student who meets the enrollment and
academic qualifications specified in Article III, Section IV of the
Student Government Constitution
b. Must submit certification from the Office of Student Affairs of
their college attesting that the candidate meets all qualifications
to the office of the President Pro-Tempore of the Senate prior to
the election.
c. Must be a rising MS-IV student, who has had previous Student
Council experience.
d. Must be able to attend the USF Student Government Senate
weekly meetings, held every Tuesday at 6:00 PM at the
Marshall Center on main campus.
2. Shall be elected in the same manner as Student Senators representing
other USF colleges
a. Elections shall take place with regular COM Student Council

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elections in the Spring.
b. The senator shall be elected by a majority vote by the College of
Medicine student body.
3. In the event that no candidates apply for the general election vote, the
College of Medicine Student Council may conduct an election. This
election shall be overseen by the COM Elections Committee
4. In the event that a Student Senator is not elected by one of the above
methods, one may be voted in through a direct appeal to the Student
Senate by either a candidate or the College of Medicine Student Council

VIII. Amendments
Amendments to the Student Council Constitution shall be ratified by a 2/3 majority
vote of the Student Council or a 50% + 1 vote of the COM student body, as
delineated in the Student Council bylaws.

IX. ANTI-HAZING CLAUSE

This organization prohibits its members, both individually and collectively, from
committing any acts of hazing as defined herein:
"Hazing means any action or situation which recklessly or intentionally
endangers the mental or physical health or safety of a student for the
purpose of initiation or admission into or affiliation with this organization.
Such term shall include, but not be limited to, any brutality of a physical
nature, such as whipping, beating, branding, forced calisthenics, exposure
to the elements, forced consumption of any food, liquor, drug, or other
substance, or any other forced physical activity which could adversely affect
the mental health or dignity of the individual to extreme mental stress, such
as sleep deprivation, forced exclusion from social contact, forced conduct
which could result in extreme embarrassment, or any other forced activity
which could adversely affect the mental health or dignity of the individual.
For the purpose of this section, any activities as described above upon
which the initiation or admission into or affiliation with this organization is
directly or indirectly conditioned shall be presumed to be a forced activity,
the willingness of the individual notwithstanding."

X. ORGANIZATION AGREEMENT
Organization agrees to abide by Florida State Statute #1006.63 regarding
hazing. Furthermore, agrees to abide by all Student Activities policies as outlined
in the student   handbook,   to   check   the   organization’s   mailbox regularly, to
communicate via email   upon   request,   and   to   update   the   organization’s   records
(Officer Listings Form) whenever there is a change.

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University of South Florida College of Medicine
Student Council By-Laws

I. Student Council
A. Executive Council
1. President
2. Administrative Vice President
3. Vice President of Information Technology
4. Administrative Secretary
5. Executive Secretary
6. Treasurer
7. Organizations Chair
8. Honor Committee Chair

B. MD Class Officers - 4 classes

1. President / Co-Presidents
2. Vice President of Information Technology
3. Secretary
4. Treasurer
5. Chair of Social Activities / Co-Chairs of Social Activities

C. DPT
1. DPT Class President – 3 classes

D. Association of Medical Science Graduate Students (AMSGS)

1. President of AMSGS

E. College of Medicine Senator

II. Procedural Details

A. The Student Council shall meet a minimum of once per month, during the
COM academic year
B. Student Council shall meet at the discretion of the president with a minimum
notice of one week
C. A quorum, which is 50% + 1 of the voting members, must be present for
official votes to occur. All officers listed in Sections IA, IB, and IC1 have
voting privileges.
D. Voting members are expected to attend every meeting. Three (3)
unexplained absences could result in impeachment proceedings.
1. Unexcused absences include:
a. Failure to notify a member of the executive board prior to or
within 24 hours after the absence
b. Disapproval of the absence by the executive board
E. Parliamentary procedure will be followed
F. All meetings are open to the student body
G. The faculty advisor of the Student Council shall be the Dean of Student
Affairs and the Director of Student Affairs of the College of Medicine. They
shall attend periodic meetings and serve as counsel to the Executive
Committee.

III. Election Procedures

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A. Elections Committee
1. The elections committee shall be responsible for the implementation
and   oversight   of   the   student   council’s   election   protocol. Of specific
interest will be the oversight of class officer and executive council
elections.
2. The elections committee shall be composed of eight members
elected annually by their respective classes. There shall be two
representatives from each class with the fourth year representatives
acting as co-chairs. All representatives shall be appointed prior to
October 1.
3. Students may either petition for committee position or be nominated
by a member of their class.
4. The election co-chairs are responsible to the student council
president directly.
5. Members of the elections committee may not hold any elected
position in the year in which they hold a committee position, nor may
they run for office in any elections while they serve on this
committee.
6. Any election committee member holding or seeking any elected
position must submit a written resignation prior to announcement of
candidacy for the elected position. At such time a new
representative will be appointed.
7. Executive council reserves the right to remove any election
committee member from office as deemed necessary for the
integrity of an election.

B. General Elections Protocol

1. The dates of all elections shall be set by the executive council.
2. The dates, rules, and positions for all upcoming elections shall be
provided to the student body via electronic mail prior to the election.
3. All ballots shall be typed, numbered and confidential
4. All elections must be won by 50% + 1 of the votes cast.
5. 2/3 of the voting body must vote for the election to be valid
6. Run-offs, if necessary, will be held between the top two
candidates within one week of the initial vote.
7. Campaigning in the form of literature distribution, speeches, signs,
or any other form is strictly forbidden with the exception of formal
addresses sent to individual classes as overseen by the elections
committee.
8. Violations of campaigning protocol will result in automatic removal
from the ballot. Questions of campaign violations will by
addressed by the elections committee.

C. Executive Council Elections

1. Announcement of the election date and positions available must be
made at least three weeks prior to the scheduled election.
2. A written intent to run must be submitted to the election co-chairs at
least two weeks prior to the election.

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3. A slate of candidates must be made to each class one week prior to
the election. Each candidate will be given the opportunity to address
each class either in writing or verbally as determined by the
elections committee.
4. The election committee members of each class are responsible for
the distribution and counting of ballots for his/her class, unless
voting is done electronically.
5. Executive Council elections must be held between February 1 and
April 1, and prior to class elections.
6. Newly elected officers take over on May 1.

D. MS I and DPT 1 Class Officer Elections

1. Elections for the fall semester will be held no sooner than the
second week of classes and no later than the fourth week of
classes. Election for the spring semester will be held in the first two
weeks of that semester.
2. A written intent to run for fall elections must be submitted to the
election committee co-chairs three days prior to voting. The intent to
run for spring semester must be submitted to the Med 1 and DPT 1
election committee representatives.
3. Fall elections will be carried out by the MS2 election co-chairs.
Spring elections will be carried out by the Med 1 and DPT 1 election
committee representatives.
4. The slate of candidates must be posted at least four days prior to the
election. Any additions, withdrawals, or corrections may be made
within 48 hours of the posting.
5. All candidates will be given equal time to address their class either in
writing or verbally. The length of time shall be determined by the
elections committee, and shall not exceed three minutes.
6. Elected officers must win by a 50% + 1 majority vote.
7. New officers take office immediately following the announcement of
election results.

E. MS II, III, IV, DPT 2, and DPT 3 Class Officer Elections

1. Announcement of the election date and positions available must be
made at least three weeks prior to voting.
2. A written intent to run must be submitted to the class election
committee members at least one week prior to voting. The slate will
be posted at least 4 days prior to the election. Any withdrawals and
corrections may be made within 48 hours of posting the slate. Write
in candidates will not be allowed.
3. All candidates will be given equal time to address their class either in
writing or verbally at a time designated by the election committee
members. The length of time given each candidate will also be
determined by the election committee members and shall not
exceed three minutes.
4. Class elections must be held between March 1 and May 1, but not
prior to executive council elections.
5. A quorum of 50% + 1 of the class must be present for all speeches
and must cast votes for the election to be valid.

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6. If a quorum does not exist, the election must be rescheduled within
one week; with a 50% +1 majority for the run-off.
7. Elected officers must win by a 50% + 1 majority vote.
8. New officers will officially take office at the start of the academic year
to which they have been elected.

F. Determination of Class Voting Members of Student Council

1. In the event that the class elects Co-Presidents and/or Co-Chairs of
Social Activities, two (2) days following the final determination of MSI
– MSIV class officers, the four (4) voting members of the Student
Council for each respective class must be submitted by the Class
President(s) to the Student Council Administrative Secretary.
2. The class President/Co-Presidents, Vice President of Information
Technology, Secretary, Treasurer, and Chair of Social Activities/Co-
Chairs of Social Activities are eligible.
a. Any individual elected officer can abstain as long as all
four (4) Student Council votes are held by elected officers
and the class President or one (1) of the class Co-Presidents
holds at least one (1) of the votes.
3. The class President/Co-Presidents shall have the authority to
determine the four voting members of the Student Council, as
delineated above, with the consent of his/her/their class officers.

G. Medical Student Selection Committee Student Members

1. Announcement of the election must be made four (4) weeks prior to the
election
2. Intention to run must be made to the Election Representatives at least
one (1) week prior to the election
a. Only MSIV students in good standing are eligible to run
3. The slate of candidates must be posted five (5) days prior to the election
4. The election must be completed by July 31st of each year—prior to the
first meeting of the Medical Student Selection Committee
5. All MD student members of the Executive Student Council are eligible to
vote. In the event that a Student Council member should choose to run for
this position, he/she will not be eligible to vote.
6. The Student Council President shall forward the names of four (4)
medical student nominees to Student Affairs for final approval with the top
two (2) vote getters being Committee members and the next two (2) top
vote getters being alternates.
a. In the event that the Student Council President should choose to
run for the Medical Student Selection Committee, the Administrative
Secretary shall forward the names of the top 4 vote-getters to
Student Affairs with at least 2/3rds of the Student Council members
participating in the voting.

H. Student Organization Elections

1. All organizations must notify students one month in advance of the
scheduled election date, time, and location.
2. Responsibilities of officers and length of tenure must be clearly
defined.

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3. Each organization shall determine its own election protocol and
must include this protocol in its bylaws.
4. All organizations should have selected its officers prior to May 1.

IV. Impeachment procedures

A. Impeachment proceeding can be brought against any officer listed in

Section I for:
1. Honor code violations
2. Academic difficulty
3. Dereliction of duty
4. Misappropriation of funds

B. Procedures
1. Executive council
a. A petition must be signed by 25% of student body to begin
proceedings
b. Petition must be presented at regularly scheduled Student
Council meeting
c. A copy of the complaint and the date of the hearing must be
sent to the entire student body
d. At the next regularly scheduled SC meeting, the first item on
the agenda must be the petition. The Honor Committee
chairperson will preside during this portion of the meeting
e. A representative for the petition must present their case. A
statement from the officer under investigation may follow
f. Open discussion will follow
g. Presiding officer will call for a vote from the council
members. A 2/3 vote is required for impeachment
2. Class officers
a. A petition must be signed by 25% of the class to begin
proceedings
b. Petition must be presented to one of the Honor
Representatives in the class who must set up the hearing
c. It is the responsibility of the organizer of the petition to send
a copy of it to all class members
d. Hearing must occur within two (2) weeks from the date of the
mailing
e. The Honor Code representative in the class will preside over
the hearing or will select another Honor Committee member
to do so
f. 2/3 vote of the class must be present at the hearing
g. A representative for the petition must present the case
h. A statement from the officer under investigation may follow
i. A 2/3 vote of class members present is required for
impeachment

V. Amendments
A. Constitution
1. Must be passed by a 2/3 majority of Student Council or a 50% + 1
vote of the COM student body

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B. By-Laws
1. Must be passed by a 2/3 majority of the Student Council

VI. Solicitations
1. Only Student Council, classes, active organizations, or administration may
solicit funds for profit from College of Medicine students.
2. Outside companies may seek the permission of student council for
permission to sell texts, equipment, etc. to students.
3. No College of Medicine student or outside individual may solicit funds for
profit without the express written permission of student council.

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XI. ADDENDUM

A. Standards of Progress for VA Students in the College of Medicine

1. Unsatisfactory Performance

As defined in Section IV.D.4.b.i unsatisfactory performance will be subject to dismissal

from the COM. VA benefits will be terminated for VA students for unsatisfactory
progress.

2. Academic Warning and Probation

As defined in Section IV.D.4.b.ii students are subject to dismissal from the COM if they
do not achieve academic good standing under established rules. VA benefits will be
terminated for VA students for failure to achieve academic good standing and dismissal
after probation.

3. Dismissal

As defined in Section IV.D.4.b.iii students are subject to dismissal from the COM. VA
benefits will be terminated for VA students for dismissal from the COM.

102
Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM

A-168

Exhibit C
A-169
Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM

A-170

Exhibit D
A-171
Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM

A-172

Exhibit E
A-173
 A-174
RE: Tuition Reimbursement 2/7/14 5:38 PM

A student may be granted a refund of 100% tuition paid if he/she withdraws due to circumstances determined
by the Morsani College of Medicine to be exceptional and beyond the control of the student. These
circumstances include:

iv. Illness of the student of such severity or duration, as confirmed in writing by a physician, to
preclude completion of the courses;

v. Death of the student or death in the immediate family (parent, spouse, child or sibling);

vi. Involuntary call to active military duty;

vii. A situation in which the university is in error as confirmed in writing by an appropriate university
official, or

v. Other documented exceptional circumstances beyond the control of the student which preclude completion
of the courses, accompanied by a letter of explanation and appropriate documentation.

The above statement refers to a student who has withdrawn from the curriculum. The 100% refund would
be in a contrast to a student who was enrolled in 60% or less of the curriculum. The student would be
receiving a refund regardless, but the if the above exceptional stipulations were met, they would eligible
for 100% of the tuition rather than just receiving reimbursement for the time in which they were not
enrolled in course work. I.e. if a student only attended 30% of the year, they would receive a pro-ration
adjusting the yearly tuition to 30% of the amount originally required for the year.

I have reviewed your record and see that you were placed on a leave of absence beginning 02/16/12.
Since Year 2 ended on February 24, 2012, you were only on a leave of absence status for about 1 week of
Year 2. Therefore, you would not be eligible for tuition reimbursement since you remained enrolled in
coursework for greater than 60% of the academic year.

I have copied Dr. Specter on my response to verify that this the correct interpretation of the policy. If there
is a discrepancy in my enrollment records with regards to any recorded leaves of absence you may have
taken, please let me know.

Thank you,

Marrissa Cook, MA
Registrar, USF Morsani College of Medicine
"
"

From: Zainulabeddin, Nausheen

Sent: Tuesday, July 30, 2013 3:26 PM
To: Cook, Marrissa
Subject: Tuition Reimbursement

Dear Marrissa,

https://webmail.health.usf.edu/owa/?ae=Item&t=IPM.Note&id=RgAAA…wWuke%2fJAACMg%2bHmAAAJ&a=Print&pspid=_1391812703046_978302533 Page 2 of 3

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RE: Tuition Reimbursement 2/7/14 5:38 PM

I wanted to ask you if I am eligible for tuition reimbursement for the year 2011-2012 academic year. I spoke to Dr.
Monroe this afternoon and she told me to just follow up with you and see if I am eligible. I have attached the appropriate
information. Let me know if you have any questions.

Thank You

Nausheen Zainulabeddin

https://webmail.health.usf.edu/owa/?ae=Item&t=IPM.Note&id=RgAAA…wWuke%2fJAACMg%2bHmAAAJ&a=Print&pspid=_1391812703046_978302533 Page 3 of 3

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Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM

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Exhibit F
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MEMORANDUM OF ACCOMMODATIONS

Date: Friday March 23, 2012

To: Monroe, Alicia

From: Deborah McCarthy
Re: Nausheen Zainulabeddin USFID: U55123583 Term: Spring 2012
Course: MEL 9996 001

This student presented Students with Disabilities Services (SDS) with documentation of a disability which
significantly impacts academic performance. SDS staff reviewed the documentation of the disability and
found that the documentation meets established guidelines for accommodations. Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act require that the University of South
Florida provide reasonable classroom accommodations to otherwise qualified students who have
documented disabilities. Some accommodations may be addressed directly by you with the student. Other
accommodations may require the assistance of SDS staff. The student will work with you and the SDS
office to implement the stated accommodations as authorized by the professionals in SDS. Please note, all
accommodations information is considered to be confidential. This student's accommodations include:

Classroom accommodations
• Description: Accommodations for clinical experiences and exams must be discussed with the College of
Medicine and Students with Disabilities Services. The additional time (2 x) noted in exam accommodations
below does not apply to the clinical setting.
• Requires Specialized Accommodations
• Specialized Accommodations: To assist with the accommodations process, SDS will forward a copy of the
student's accommodation letter to the Associate Dean of Undergraduate Medical Education within the
College of Medicine. The College of Medicine will consult with Students with Disabilities Services to arrange
appropriate accommodations. Given the specialized nature of the exams administered, SDS may not be
able to administer an exam. In such cases, SDS will work with the College of Medicine to ensure
appropriate accommodations.

Test / Exam accommodations

• Additional Time: 2 x
• Reduced distraction testing

STUDENTS WITH DISABILITIES SERVICES • STUDENT AFFAIRS

University of South Florida • 4202 East Fowler Avenue, SVC1133 • Tampa, FL 33620-6923
(813) 974-4309 • Fax (813) 974-7337 • www.sds.usf.edu
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In the event that the student requests additional accommodation(s) which are not listed here, please contact
the SDS administrator listed above or Deborah McCarthy, Director of Students with Disabilities
Services at (813) 974-4309 or [email protected]. SDS thanks you for your assistance in creating barrier-
free learning environments for students with disabilities at The University of South Florida.

*** CONFIDENTIAL ***

STUDENTS WITH DISABILITIES SERVICES • STUDENT AFFAIRS

University of South Florida • 4202 East Fowler Avenue, SVC1133 • Tampa, FL 33620-6923
(813) 974-4309 • Fax (813) 974-7337 • www.sds.usf.edu
Filing # 36914319 E-Filed 01/22/2016 06:58:33 PM

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Exhibit G
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

NAUSHEEN ZAINULABEDDIN, Circuit Court of the Thirteenth

Judicial Circuit, in and for
Plaintiff, Hillsborough County, Florida

v. Case No. 16-CA-000669 (Removed)

UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES, Federal Civil Action
No. _____________
Defendant.

___________________________________/

DEFENDANT’S NOTICE OF REMOVAL

COMES NOW Defendant, University of South Florida Board of Trustees, by and through

its undersigned attorneys, pursuant to 28 U.S.C. §§ 1441, 1446, and Local Rule 4.02, and hereby

removes Plaintiff’s Complaint for Injunction, Damages, and Restitution in the above-captioned

action from the Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County,

Florida to this forum, on the following grounds:

1. On January 22, 2016, Plaintiff, Nausheen Zainulabeddin, commenced the above-

styled action against Defendant in the Circuit Court of the Thirteenth Judicial Circuit, in and for

Hillsborough County, Florida. The Summons and Complaint were served on Defendant on

February 16, 2016.

2. The Civil Cover Sheet, Request for Division Assignment Sheet, Complaint (and all

exhibits), Letter to Attorney re: Summons not Submitted, Summons, Summons Return, Notice of

Appearance, and Designation of E-mail Addresses are all of the documents filed in the state court.

Pursuant to 28 U.S.C. Section 1446(a) and Local Rule 4.02(b) of this Court, the Complaint (and

all exhibits) are attached as Exhibit A; the executed Summons is attached as Exhibit B; the Notice
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of Appearance is attached as Exhibit C; and the Designation of E-mail Addresses is attached as

Exhibit D.

3. This matter is removable on the basis of federal question jurisdiction under 28

U.S.C. § 1331 because Plaintiff’s claims arise under the laws of the United States.

4. Specifically, Paragraph One of Plaintiff’s Complaint states that “[t]his is an action

for damages, injunctive relief, and restitution for . . . discrimination and retaliation on the basis of

disability in violation of Section 504 of the federal Rehabilitation Act of 1973, codified as amended

at 29 U.S.C. § 794.”

5. Count V of Plaintiff’s Complaint, titled “Disability Discrimination,” alleges:

In Zainulabeddin’s case, the use of academic probation to single out disabled

students for disparate treatment resulted in her dismissal from the Doctor of
Medicine program, in violation of the Rehabilitation Act of 1973, including the
requirements set forth at 29 U.S.C. § 794.

(Compl. ¶ 203.)

6. Count VI of Plaintiff’s Complaint, titled “Retaliation on the Basis of Disability,”

alleges:

Dismissing a disabled student based on her intent to request disability

accommodations on a professional qualification examination constitutes prohibited
retaliation on the basis of disability, in violation of the Rehabilitation Act of 1973,
including the requirements set forth at 29 U.S.C. § 794.

(Compl. ¶ 222.)

6. The Rehabilitation Act of 1973, codified at 29 U.S.C. § 794, is a federal statute.

This matter is therefore removable on the basis of federal question jurisdiction under 28 U.S.C. §

1331 (stating that “[t]he district courts shall have original jurisdiction of all civil actions arising

under the Constitution, laws, or treaties of the United States”).

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7. Additionally, this matter is removable on the basis of diversity jurisdiction under to

28 U.S.C. § 1332. Plaintiff is a resident Illinois. (Compl. ¶ 7.) Defendant is a Public Body

Corporate organized and operating under the laws of the State of Florida. Complete diversity

therefore exists between the parties for the purpose of federal diversity jurisdiction under 28 U.S.C.

§ 1332(a)(1) and 28 U.S.C. § 1332(c)(1).

8. The amount in controversy required by 28 U.S.C. § 1332 is also satisfied in this

matter for removal purposes. Although Plaintiff does not specify the amount of relief she is

seeking, she asserts that it exceeds $15,000 (the jurisdictional requirement for the Circuit Court).

(Compl. ¶ 2.)

9. Plaintiff is seeking the following categories of damages against Defendant:

a. loss of earning potential;

b. loss of future income;

c. loss of value of educational services rendered;

d. compensatory and emotional distress damages;

e. accrued interest on student loans;

f. pre- and post-judgment interest;

g. award of attorneys’ fees and costs;

h. Plaintiff’s medical school tuition for academic years 2009–2010, 2011–2012;

and,

i. other such relief that the Court deems appropriate.

(Compl. ¶¶ 140 a.–d., 173 a., 222 a.–f.)

10. Because Plaintiff has not pled a specific amount of damages, it must be

demonstrated that it is more likely than not that the amount in controversy exceeds the

3
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jurisdictional requirement of $75,000. Williams v. Best Buy Co., Inc., 269 F.3d 1316, 1319 (11th

Cir. 2001); Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744 (11th Cir. 2010). Without addressing

the merits of Plaintiff’s claims, the allegations of damages described above indicate that Plaintiff

is seeking more $75,000 in damages, surpassing the monetary threshold for federal diversity

jurisdiction under 28 U.S.C. § 1332.

11. Specifically, Plaintiff seeks a refund of her medical school tuition, which she

alleges totals more than $90,000.1 (Compl. ¶ 67.) Moreover, although Plaintiff’s complaint does

not explicitly make a claim for attorneys’ fees, such a claim is ostensibly contained in Plaintiff’s

demand for “other legal and equitable relief as this Court considers appropriate and just” (Id. ¶ 222

f.), and the Rehabilitation Act authorizes an award of attorney’s fees to the prevailing party. 29

U.S.C. § 794a(b) (“The court, in its discretion, may allow the prevailing party, other than the

United States, a reasonable attorneys’ fee as part of the costs.”) A claim for attorneys’ fees greatly

increases the amount in controversy above the $75,000 threshold. When a statute authorizes an

award of attorney’s fees, those fees are to be included in the amount in controversy when

determining whether the $75,000 jurisdictional threshold in diversity cases has been met. Morrison

v. Allstate Indemnity Co., 228 F.3d 1255, 1265 (11th Cir. 2000); Brown v. Cunningham Lindsey

U.S., Inc., 2005 WL 1126670, *4 (M.D. Fla. 2005). Thus, Plaintiff’s claim for attorneys’ fees must

be considered in calculating the amount in controversy. Conservatively estimating that Plaintiff’s

attorney will seek to recover an attorney’s fee of $200 per hour, and further estimating that he will

1
The damages and attorneys’ fees calculations discussed herein are based upon Plaintiff’s claims for damages and
included for the sole purpose of establishing the potential amounts in controversy if Plaintiff were successful in
proving her allegations. By including these amounts in its Notice of Removal, Defendant does not, in any way, admit
or concede liability, and neither does Defendant accept the damages awards discussed herein as applicable in the
instant matter.

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expend 200 hours over a period of 12 to 18 months in taking this case through trial, Plaintiff could

incur $40,000 if not more, in attorneys’ fees.

12. The amount in controversy in this case thus exceeds the $75,000 jurisdictional

requirement. Accordingly, in addition to federal question jurisdiction, this Court has diversity

jurisdiction over Plaintiff’s claims in this case, and this action is properly removed to this Court

under both 28 U.S.C. § 1331 and 28 U.S.C. § 1332.

13. To date, less than 30 days have passed since Plaintiff was served with a copy of the

Summons and Plaintiff’s Complaint. Removal of this action is therefore timely.

14. Venue is proper in the United States District Court for the Middle District of

Florida, Tampa Division, because it is the district court for the district and division within which

the state action is pending.

15. In accordance with 28 U.S.C. Section 1446(d), the undersigned certify that they

have simultaneously filed a copy of the foregoing Notice of Removal with the Clerk of the Circuit

Court in and for Hillsborough County, Florida.

DATED this 17th day of March 2016.

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Respectfully submitted,

CONSTANGY, BROOKS,
SMITH & PROPHETE, LLP
200 W. Forsyth St.
Ste. 1700
Jacksonville, Florida 32202
Telephone: (904) 356-8900
Facsimile: (904) 356-8200

By: /s/ John S. Gibbs III

J. Ray Poole
Florida Bar No.: 983470
[email protected]
John S. Gibbs III
Florida Bar No.: 91102
[email protected]

Attorneys for Defendant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 17th day of March 2016 the undersigned electronically

filed the foregoing Defendant’s Notice of Removal which will be electronically served via the

CM/ECF system on the following:

Stanley R. Apps
1950 Elkhorn Court, Unit #147
San Mateo, CA 94403
[email protected]

/s/ John S. Gibbs III

Attorney

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EXHIBIT C
 Case 8:16-cv-00637-JSM-TGW
Filing # 38783642 Document
E-Filed 03/09/2016 10:00:20 AM1-2 Filed 03/17/16 Page 2 of 3 PageID 12
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IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH
COUNTY, FLORIDA

Case No. 16-CA-000669

NAUSHEEN ZAINULABEDDIN,

Plaintiff,
v.

UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES,

Defendant.
___________________________________/

NOTICE OF APPEARANCE

COMES NOW Defendant, University of South Florida Board of Trustees, and files its

Notice of Appearance of J. Ray Poole, Esquire, and John S. Gibbs, III, Esquire. Both are attorneys

licensed in Florida practicing with the law firm of Constangy, Brooks, Smith & Prophete, LLP.

DATED this 9th day of March 2016.

Respectfully submitted,

CONSTANGY, BROOKS,
SMITH & PROPHETE, LLP
200 W. Forsyth St.
Ste. 1700
Jacksonville, Florida 32202
Telephone: (904) 356-8900
Facsimile: (904) 356-8200

By: /s/ John S. Gibbs III

J. Ray Poole
Florida Bar No.: 983470
[email protected]
John S. Gibbs III
Florida Bar No.: 91102
[email protected]

Attorneys for Defendant

Case 8:16-cv-00637-JSM-TGW Document 1-2 Filed 03/17/16 Page 3 of 3 PageID 13

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 16th day of March 2016 the undersigned filed a copy of

the foregoing with the Clerk of Court through the Florida E-filing Portal, which will furnish a copy

by email to the following counsel of record:

Stanley R. Apps
1950 Elkhorn Court, Unit #147
San Mateo, CA 94403
[email protected]

/s/ John S. Gibbs III

Attorney

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EXHIBIT D
 Case 8:16-cv-00637-JSM-TGW
Filing # 38783642 Document
E-Filed 03/09/2016 10:00:20 AM1-3 Filed 03/17/16 Page 2 of 3 PageID 15

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IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH
COUNTY, FLORIDA

Case No. 16-CA-000669

NAUSHEEN ZAINULABEDDIN,

Plaintiff,
v.

UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES,

Defendant.
___________________________________/

DESIGNATION OF EMAIL ADDRESSES

J. Ray Poole, Esquire, and John S. Gibbs, III, Esquire, as attorneys for Defendant, hereby

designate, pursuant to Rule 2.516 of the Florida Rules of Judicial Administration, the following

email addresses:

J. Ray Poole

Primary Email Address: [email protected]

Secondary Email Address: [email protected]

John S. Gibbs, III

Primary Email Address: [email protected]

Secondary Email Address: [email protected]

DATED this 9th day of March 2016.

Case 8:16-cv-00637-JSM-TGW Document 1-3 Filed 03/17/16 Page 3 of 3 PageID 16

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Respectfully submitted,

CONSTANGY, BROOKS,
SMITH & PROPHETE, LLP
200 W. Forsyth St.
Ste. 1700
Jacksonville, Florida 32202
Telephone: (904) 356-8900
Facsimile: (904) 356-8200

By: /s/ John S. Gibbs III

J. Ray Poole
Florida Bar No.: 983470
[email protected]
John S. Gibbs III
Florida Bar No.: 91102
[email protected]

Attorneys for Defendant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 9th day of March 2016 the undersigned filed a copy of

the foregoing with the Clerk of Court through the Florida E-filing Portal, which will furnish a copy

by email to the following counsel of record:

Stanley R. Apps
1950 Elkhorn Court, Unit #147
San Mateo, CA 94403
[email protected]

/s/ John S. Gibbs III

Attorney

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

NAUSHEEN ZAINULABEDDIN,

Plaintiff,

v. Case No.: 8:16-cv-00637-JSM-TGW

UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES,

Defendant.

___________________________________/

DEFENDANT’S MOTION TO DISMISS AND FOR MORE

DEFINITE STATEMENT AND SUPPORTING MEMORANDUM OF LAW

COMES NOW Defendant, University of South Florida Board of Trustees (“University”),

by and through its undersigned counsel and pursuant to Rules 12(b)(6) and 12(e) of the Federal

Rules of Civil Procedure, and hereby files its Motion to Dismiss and for More Definite Statement

and Supporting Memorandum of Law, stating as follows:

MOTION

1. Plaintiff filed her Complaint in this case on January 22, 2016, in state court, and it

was timely removed to this Court on March 17, 2016. (Docs. 1–2.) The Complaint contains six

counts. The first four counts, which are all state law claims, should be dismissed with prejudice

under Rule 12(b)(6). Those counts are: Count I, breach of fiduciary duty; Count II, negligent

misrepresentation; Count III, breach of contract; and Count IV, unjust enrichment. (Doc. 2 ¶¶ 126–

222.) Counts I and II should be dismissed with prejudice because Plaintiff failed to timely satisfy

the statutory prerequisites and the time to do so has now expired. Count III should be dismissed
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with prejudice because Plaintiff cannot identify a valid contract that has been breached. Count IV

should be dismissed with prejudice because the doctrine of sovereign immunity bars that claim.1

2. Additionally, Plaintiff should be required to re-plead the remainder of her

Complaint pursuant to Rule 12(e) because it is an improper “shotgun” pleading prohibited by the

Rules and interpretive case law. Although this is a case involving a single Plaintiff and a single

Defendant, the Complaint is voluminous. It spans 222 paragraphs across 55 pages. (Doc. 2.) There

are also seven exhibits filed with the Complaint totaling 122 additional pages. Considering that

this is a single-Plaintiff, single-Defendant lawsuit, the Complaint is unnecessarily lengthy and

complex for the relatively straightforward nature of Plaintiff’s claims. As such, the Complaint does

not comply with Federal Rule of Civil Procedure 8(a) which requires a “short and plain statement

of the claim.”

3. Pursuant to Local Rule 3.01(g), the undersigned conferred with Plaintiff’s counsel

who opposes the relief sought herein.2

MEMORANDUM OF LAW

I. COUNTS I–IV SHOULD BE DISMISSED WITH PREJUDICE UNDER RULE 12(B)(6).

A. Counts I and II should be dismissed because Plaintiff did not provide notice of
her claims within three years.

Plaintiff failed to provide written notice of her tort claims contained in Counts I and II of

her Complaint to the University and the Department of Financial Services within three years of

1
Count V of Plaintiff’s Complaint is a claim for disability discrimination in violation of section 504 of the
Rehabilitation Act (“Act”), and Count VI is a claim for retaliation in violation of the Act. (Doc. 2 ¶¶ 192–222.)
Defendant is not seeking dismissal of those two claims.
2
While Local Rule 3.01(g) does not require conferral prior to filing a motion to dismiss, the undersigned conferred
with Plaintiff’s counsel prior to filing this Motion since it also seeks a re-pleading of Plaintiff’s Complaint, for which
conferral is required. During the 3.01(g) conference, Plaintiff’s counsel agreed that the portions of Plaintiff’s
Complaint which incorporate by reference preceding paragraphs (as set forth in Section II.B., below) are improperly
pled. But, given the other issues raised in Section II (with which Plaintiff’s counsel did not agree), the undersigned
and Plaintiff’s counsel agreed to the filing of the instant Motion instead of Plaintiff filing an Amended Complaint.

2
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those claims accruing, warranting dismissal of those claims with prejudice. The state of Florida

has waived sovereign immunity for tort claims only in limited circumstances and only when certain

preconditions have been met. Specifically, section 768.28(6)(a), Florida Statutes, states that an

action may not be brought against a state agency unless the claimant presents the claim in writing

to the appropriate agency “within 3 years after such claim accrues.”3 Id. (emphasis added). As the

Eleventh Circuit has recognized, this notice is a “condition precedent to maintaining an action.”

Albra v. City of Fort Lauderdale, 232 F. App’x 885, 888 (11th Cir. 2007) (quoting § 768.28(6)(b),

Fla. Stat.).

Further, the Florida Supreme Court made clear that the statutory requirement of written

notice within three years of accrual of the claim must be “strictly construed,” and that failure to do

so within three years will result in dismissal of the claim with prejudice. Menendez v. N. Broward

Hosp. Dist., 537 So. 2d 89, 90–91 (Fla. 1988); Levine v. Dade Cnty. Sch. Bd., 442 So. 2d 210,

212 (Fla. 1983) (“Where the time for such notice has expired so that it is apparent that the plaintiff

cannot fulfill the requirement, the trial court has no alternative but to dismiss the complaint with

prejudice.”) Dismissal with prejudice is therefore the only proper remedy if notice is not given

within the three-year period. Noell v. White, 2005 WL 1126560, *7 (M.D. Fla. 2005) (dismissing

claim where notice requirement not met and could not be met since three years had already passed);

Catogas v. Vetter, 2013 WL 1334569, *2 (S.D. Fla. 2013) (same); Bloom v. Miami-Dade Cnty.,

816 F. Supp. 2d 1265, 1271 (S.D. Fla. 2011) (same); Rowe v. City of Fort Lauderdale, 8 F. Supp.

2d 1369, 1378 (S.D. Fla. 1998) (same).

3
This Court has expressly held that the University is a state agency. Saavedra v. Univ. S. Fla. Bd. of Trs., 2011 WL
1742018, *2–3 (M.D. Fla. 2011); Dismuke v. Univ. of S. Fla. Bd. of Trs., 2006 WL 166547, *3–4 (M.D. Fla. 2006);
Tang v. Univ. of S. Fla., 2005 WL 2334697, *1 (M.D. Fla. 2005).

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In Counts I and II of her Complaint Plaintiff claims that the University breached its

fiduciary duty to her and negligently misrepresented facts to her in October 2010, but that she did

not learn of these alleged misdeeds until February 6, 2012. (Doc. 2 ¶¶ 131–32, 138, 142, 155.)

Plaintiff states in her Complaint, however, that she did not give the required notice to the

University and the Department of Financial Services until May 12, 2015.4 (Doc. 2 ¶ 5.) Thus, even

assuming that Plaintiff’s breach of fiduciary duty and negligent misrepresentation claims in Counts

I and II of her Complaint did not accrue until she learned of the alleged actions in February 2012,

Plaintiff’s written notice of May 2015 was served more than three months beyond the three-year

notice period. Counts I and II of Plaintiff’s Complaint therefore should be dismissed with

prejudice.

B. Count III of Plaintiff’s Complaint should be dismissed because no valid,

written contract was breached.

Count III of Plaintiff’s Complaint alleging breach of contract should be dismissed with

prejudice because Plaintiff cannot identify a valid, written contract that was breached. As a matter

of law, student policy manuals do not constitute a contract between a student and a university,

especially when the policies contain a specific provision stating that it is not a contract. Carr v. Bd.

of Regents of Univ. Sys. of Ga., 249 F. App’x 146, 150–51 (11th Cir. 2007) (affirming summary

judgment in favor of university on student’s breach of contract claim based on alleged breach of

student policies); Williams v. Florida State Univ., 2014 WL 340562 (N.D. Fla. 2014) (dismissing

student’s breach of contract claim); Abbas v. Woleben, 2013 WL 5295672, *4 (E.D. Va. 2013)

(finding that university handbooks and catalogs do not form a contract when the terms are not

binding on the university); Brown v. Rector & Visitors of the Univ. of Virginia, 2008 WL 1943956,

4
Plaintiff’s written notice is attached to her Complaint as Exhibit A. (Doc. 2-1.)

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*6 (W.D. Va. 2008) (holding that a student handbook did not constitute a binding contract based

on its disclaimers).

In Carr, a nursing student at Kennesaw State University sued the university after being

suspended for selling stolen textbooks to Kennesaw’s bookstore in violation of the student code

of conduct. Id. at 147. The student brought federal civil rights claims against Kennesaw, as well

as a state law breach of contract claim. Id. Her breach of contract claim alleged that the school’s

undergraduate catalog formed a written contract between her and Kennesaw. Id. at 150. She

alleged Kennesaw breached the contract by failing to abide by the policies and procedures in the

undergraduate catalog. Id. The district court granted summary judgment to Kennesaw on the

breach of contract claim because the catalog did not form a valid, written contract. Id. at 150–51.

The Eleventh Circuit affirmed the district court. Id. In doing so, the Court first explained

that the undergraduate catalog contained a provision stating that it “should not be construed as the

basis of a contract between a student and [the university].” Id. at 151. The Court further explained

that the student catalogue could not satisfy the necessary elements under state law for the formation

of a valid, written contract, based on the language stating that the catalogue did not constitute a

contract. Id. The Court thus affirmed the district court’s summary judgment in favor of Kennesaw

State University. Id.

In Williams, a former student at Florida State University sued the school for breach of

contract and various tort claims. Williams, 2014 WL at *1. The Court granted summary judgment

on the breach of contract claim. Id. at *7. This was because students at Florida’s public universities

only have, at most, implied contracts with their schools, and Florida has not waived sovereign

immunity as to claims for breach of implied contracts. Id.

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Here, Plaintiff attached a copy of the University’s Student Handbook as Exhibit B to her

Complaint.5 (Doc. 2-1.) Page eight of the Student Handbook, which is the first page following the

table of contents, specifically states:

This handbook is not a contract between the University and you. Rather[,] it is
intended to provide up-to-date information which may be helpful to you.

(Doc. 2-1 p. 8 (emphasis in original).) This language is almost identical to the language found in

the undergraduate catalogue examined by the Eleventh Circuit in Carr and the other cases cited

above. This language clearly indicates that the University’s Student Handbook was never intended

to form a written contract between Plaintiff and the University. Under the clear holding in Carr,

the Student Handbook is not, as a matter of law, a valid, written contract between Plaintiff and the

University, warranting dismissal of Plaintiff breach of contract claim with prejudice.

C. Count IV of Plaintiff’s Complaint should be dismissed because the doctrine of

sovereign immunity bars Plaintiff’s unjust enrichment claim.

Count IV of Plaintiff’s Complaint should be dismissed with prejudice because it is barred

by the doctrine of sovereign immunity. Sovereign immunity is the rule in Florida, not the

exception. Pan-Am Tobacco Corp. v. Dept. of Corrs., 471 So. 2d 4, 5 (Fla. 1984). As noted above,

the University is a state agency. E.g., Dismuke v. Univ. of S. Fla. Bd. of Trs., 2006 WL 166547,

*3–4 (M.D. Fla. 2006) (“In Florida, state universities are agencies of the state and courts have

specifically stated that public universities are arms of the state.”). It is well established that Florida

has not waived sovereign immunity for its agencies as to unjust enrichment claims. Calderone v.

5
Since the alleged contract is attached to Plaintiff’s Complaint, this Court can look to the terms of the contract in
ruling on this Motion to Dismiss. See, e.g., Copley’s R.V. Center, Inc. v. Textron Fin. Corp., 2010 WL 170402 (S.D.
Fla. 2010) (noting that the court is allowed to look beyond the four corners of the complaint and examine the contract
itself in ruling on a motion to dismiss under Rule 12(b)(6)).

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Scott, 2015 WL 1800315, *2 (M.D. Fla. 2015); Brandt v. Pub. Health Trust of Miami-Dade Cnty.,

2010 WL 4062798, *1 (S.D. Fla. 2010).

The University acknowledges that several cases in Florida hold that in a private university

setting, the rules and regulations contained in a university’s student handbook can give rise to an

implied contract claim. See, e.g., McCawley v. Universidad Carlos Albizu, 461 F. Supp. 2d 1251,

1258 (S.D. Fla. 2006) (“Pursuant to Florida law, there is an implied contract between a student

and a private university that if the student fully complies with the rules and regulations of the

university, then the university will confer to him a degree.”); Sharick v. Southeastern Univ. of the

Health Sciences, Inc., 780 So. 2d 136, 139 (Fla. 3d DCA 2000) (same). However, it must be

stressed that this line of cases involves an implied contract claim against private universities only.

Since Plaintiff’s unjust enrichment claim here is based only on an implied contract with a public

university which is a state agency, her claim is barred by the doctrine of sovereign immunity.

Calderone, 2015 WL at *2 (M.D. Fla. 2015); Brandt, 2010 WL at *1; Williams v. Florida State

Univ., 2014 WL 340562, *7 (N.D. Fla. 2014). Accordingly, Plaintiff’s unjust enrichment claim

should be dismissed with prejudice.

II. PLAINTIFF SHOULD RE-PLEAD HER IMPROPER COMPLAINT UNDER RULE 12(E).

A. The Rule 12(e) standard.

Federal Rule of Civil Procedure 8(a) requires a “short and plain statement of the claim.”

The Eleventh Circuit has explained that a Motion for More Definite Statement under Rule 12(e) is

the proper procedural vehicle for requesting the re-pleading of an opposing party’s pleading based

on noncompliance with Rule 8(a). Davis v. Coca-Cola Bottling Co. Consol., 516 F.3d 955, 983

(11th Cir. 2008). “Under the Federal Rules of Civil Procedure, a defendant faced with a complaint

[containing shotgun allegations] is not expected to frame a responsive pleading. Rather, the

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defendant is expected to move the court, pursuant to Rule 12(e), to require the plaintiff to file a

more definite statement.” Anderson v. Dist. Bd. of Trs. of Cent. Fla. Comm. Coll., 77 F.3d 364,

366 (11th Cir. 1996).

B. Plaintiff should be ordered to re-plead her “shotgun” Complaint.

This Court should require Plaintiff to re-plead the factual allegations of her Complaint, as

well as all counts not dismissed with prejudice by this Court. The typical shotgun complaint

“contains several counts, each one incorporating by reference the allegations of its predecessors.”

Strategic Income Fund, LLC v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir.

2002). This leads to a situation where most of the counts “contain irrelevant factual allegations

and legal conclusions.” Id. at 1295. Such pleading makes it “virtually impossible to know which

allegations of fact are intended to support which claim(s) for relief.” Anderson, 77 F.3d at 366; see

also Pelletier v. Zweifel, 921 F.2d 1465, 1517–18 (11th Cir. 1991) (describing “quintessential

shotgun pleadings” as replete with “rambling recitations” and “factual allegations that could not

possibly be material” that force the “district court [to] sift through the facts presented and decide

for [itself] which were material to the particular cause of action asserted”).

In this case, Plaintiff’s shotgun Complaint is not pled in compliance with Rule 8(a) for

three reasons: (1) With the exception of Count IV, Plaintiff reincorporates by reference all 125

paragraphs of factual allegations into each separate count, and (2) Plaintiff’s Complaint is overly

long and needlessly complex.

As to the first issue, Counts I–III and V–VI of Plaintiff’s Complaint each re-allege all

preceding 125 paragraphs of factual allegations set forth in the Complaint. (Doc. 2 ¶¶ 126, 141,

158, 192, 205.) Count IV similarly incorporates all preceding factual allegations except for

paragraphs 68–71 and 73. (Id. ¶ 174.) This manner of pleading is problematic because, for

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example, Plaintiff’s breach of contract claim (Count III, paragraphs 158–173) incorporates by

reference voluminous factual allegations that have nothing whatsoever to do with that claim. An

illustration is the allegation that “some of the disparate treatment and retaliation was allegedly

based on Zainulabeddin’s status as a student on academic probation.” (Id. ¶ 84.) This paragraph is

incorporated into Plaintiff’s breach of contract claim (id. ¶ 158), but has nothing whatsoever to do

with that claim. The Eleventh Circuit has specifically condemned this practice on numerous

occasions. See Hand v. ABN AMRO Mortgage Grp., Inc., 2013 WL 6383128 (S.D. Ga. 2013)

(collecting cases).

With respect to the second reason why Plaintiff’s Complaint does not comply with Rule

8(a), courts have often emphasized the unwieldy length of shotgun pleadings, primarily because

such length tends to contribute to the pleadings’ overall unintelligibility and unnecessary

complexity. See, e.g., Ledford v. Peeples, 657 F.3d 1222, 1239 (11th Cir. 2011) (noting complaint

had 116 paragraphs and seven counts); Strategic Income, 305 F.3d at 1295 (noting complaint had

127 paragraphs and nine counts); Byrne v. Nezhat, 261 F.3d 1075, 1192 (11th Cir. 2001) (noting

complaint was 78 pages long comprised of 299 paragraphs and nine counts). Plaintiff’s Complaint

in this case is 222 paragraphs within 55 pages (excluding exhibits), which is longer than the

Complaint in Ledford and Strategic Income.6 The pages upon pages of unnecessary factual

recitations and legal conclusions threaten to bury the actual issues in the case, in an apparent

attempt to make Plaintiff’s claims needlessly complex.

Even ignoring the obvious difficulties associated with cogently responding to Plaintiff’s

current Complaint, responding to the Complaint in its current form will almost necessarily “lead

6
Further highlighting the unnecessary length and complexity of Plaintiff’s Complaint is the fact that this case involves
a single Plaintiff and a single Defendant. In Ledford, 657 F.3d at 1222, there were five plaintiffs and three defendants,
and in Strategic Income, 305 F.3d at 1295, there were dozens of plaintiffs and two defendants. And yet the Complaint
in this case contains more than 100 additional paragraphs than either of Complaints in those two cases.

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to a shotgun answer.” Byrne, 261 F.3d at 1129. As the Eleventh Circuit explained, this will result

in disjointed pleadings, which:

will make it difficult, if not impossible, to set the boundaries for discovery. Hence,
discovery disputes are inevitable. Resolving them can be time consuming. If the
court does not intervene and require the parties to narrow the issues, the discovery
disputes continue unabated—until a motion for summary judgment or a pretrial
conference brings them to a halt. At that point, the court is confronted with the time-
consuming tasks it avoided earlier—rearranging the pleadings and discerning
whether the plaintiff has stated a claim, or claims, for relief, and whether the
defendant’s affirmative defenses are legally sufficient. If the court performs these
tasks, it will have to strike all of the allegations of the complaint and answer that
are insufficient, immaterial, or impertinent—so that, when the tasks are finished,
the complaint consists of a “short and plain statement of the claim,” or claims, for
relief, and the answer states “in short and plain terms the [defendant]’s defenses to
each claim asserted.

Id. at 1129–30 (internal citations and footnotes omitted). In sum, “shotgun pleadings waste

attorneys’ and litigants’ resources, inexorably broaden the scope of discovery, wrongfully extort

settlements, wreak havoc on appellate court dockets, and undermine the public's respect for the

courts.” Hand v. ABN AMRO Mortgage Grp., Inc., 2013 WL 6383128, *4 (S.D. Ga. 2013). These

looming problems can be very easily curtailed by simply requiring Plaintiff to re-plead her

Complaint in compliance with Rule 8(a).

III. CONCLUSION.

The University requests that this Court enter an Order granting this Motion in all respects.

Specifically, the University requests that this Court dismiss Counts I–IV of Plaintiff’s Complaint

with prejudice because they are deficient as a matter of law. The University further requests that

this Court order Plaintiff to re-plead the remaining portions of her Complaint to comply with Rule

8(a)’s requirement of a “short and plain statement of the claim.”

DATED this 24th day of March 2016.

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Respectfully submitted,

CONSTANGY, BROOKS,
SMITH & PROPHETE, LLP
200 W. Forsyth St.
Ste. 1700
Jacksonville, Florida 32202
Telephone: (904) 356-8900
Facsimile: (904) 356-8200

By: /s/ John S. Gibbs III

J. Ray Poole
Florida Bar No.: 983470
[email protected]
John S. Gibbs III
Florida Bar No.: 91102
[email protected]

Attorneys for Defendant

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 24th day of March 2016 the undersigned electronically

filed the foregoing Defendant’s Motion to Dismiss and for More Definite Statement and

Memorandum of Law in Support which will be electronically served via the CM/ECF system on

the following:

Stanley R. Apps
1950 Elkhorn Court, Unit #147
San Mateo, CA 94403
[email protected]

/s/ John S. Gibbs III

Attorney

11
 U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

CERTIFICATE OF SERVICE

Nausheen Zainulabeddin
vs. USF BOT Appeal No.
17-12134, 17-11888, 17-12376

FRAP 25(b) through (d) (see reverse) requires that at or before the time of filing a paper,
a party must serve a copy on the other parties to the appeal or review. In addition, the
person who made service must certify that the other parties have been served, indicating
the date and manner of service, the names of the persons served, and their addresses.
You may use this form to fulfill this requirement. Please type or print legibly.

I hereby certify that on (date) August 30, 2017 ,

APPELLANT APPENDICES OF VOLUMES I TO XI
a true and correct copy of the foregoing (title of filing) ,

with first class postage prepaid, has been (check one)

G deposited in the U.S. Mail G deposited in the prison’s

internal mailing system

and properly addressed to the persons whose names and addresses are listed below:

filed with the clerk of the USCA 11th circuit

and served a paper copy to attorneys on record
Ms. Lori Mans and Mr. John Dickinson
200 West Forsyth Street
Suite 1700 Jacksonville, FL 32202-4317

Your Name (please print) Your Signature

Please complete and attach this form to the original document and to any copies you are
filing with the court, and to all copies you are serving on other parties to the appeal.
 ix