MUSC GME Resident Handbook

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Graduate Medical Education  2013-2014

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Resident Handbook Introduction

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Administration & Governance - Graduate Medical Education Programs

Policies & Procedures

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MUSC Policies

Appendix 1 - Resident Agreements (Medical and Dental)

Appendix 2 - Evaluation Forms

Appendix 3 - Forms

Appendix 4 - Scopes of Practice

Appendix 5 - Program Director/Program Coordinator Resources

 

GRIEVANCE PROCEDURE

STATEMENT OF POLICY

The procedures as stated herein are for the purpose of residency matters related to the competency of the Resident of an MUSC-sponsored residency program. The affected Resident shall be entitled to a grievance hearing following: 1) a decision of dismissal from a program, 2) failure to obtain credit for academic work completed as a result of academic deficiencies, 3) non-reappointment (i.e. non-renewal of the Resident Agreement) or 4) other matters felt by the Resident to be detrimental to his/her career.

NOTE:  The Resident can be terminated for cause if it is determined there is an issue regarding patient safety.

PROCEDURE

  1. Upon receipt of written notice from the Designated Institutional Official (DIO) for GME of a decision leading to an adverse action, a Resident may request a review of that decision by the DIO.  The resident must make this request to the DIO within ten (10) business days of receiving that notice.

  2. The Resident must submit the decision review request, in writing to the DIO.  The DIO, upon receipt of the request may appoint an ad hoc grievance committee of the GMEC and this committee will be convened to review the adverse decision and to advise the DIO. The ad hoc committee will consist of four Program Directors, one Chief Resident, one faculty member (not from the same department) and one university official. The Resident may choose an additional Program Director to be on the committee and either a faculty member or a university official. If the Resident making the appeal does not choose a Program Director or university official within ten (10) business days of the date of the decision review request or if the Program Director, faculty member or university official is unavailable, the DIO will appoint these individual(s).

  3. The ad hoc grievance committee will meet within ten (10) business days of being named by the DIO.  The Resident will be notified, by certified mail, of the date, time and location of the meeting.  The ad hoc grievance committee will review the Resident’s record of performance and any relevant documents.  The ad hoc committee may request and consider any additional information as the members deem necessary.  The Resident may present any relevant information or testimony from any colleague or faculty member.  The Resident is NOT entitled to legal representation during the ad hoc grievance committee hearing.

  4. The typical process of the hearing will include the following steps:
            Statement of Purpose by the chair of the committee
            Introduction of the committee members
            Opening Statement by the Program Director
            Opening Statement by the Resident
            Relevant information/testimonies by colleagues/faculty invited by the Resident
            Questions/clarifications asked of the Resident and Program Director by the committee
            Deliberation by the committee (Closed Session)

  5. During the grievance hearing, the committee will consider the following questions:
     
    1) W
    as the Resident’s performance judged using the same criteria and instruments as those used for other Residents in the program?
    2) W
    as the Resident notified of the specific deficiencies to be corrected?
    3) Was the Resident instructed to correct the deficiencies?
    4) W
    as the Resident placed on "formal academic remediation?" (If the Resident was not placed on "formal academic remediation," the Program Director must provide the reasons for that action.) and
    5) W
    as the Resident’s performance reevaluated according to the terms of the remedial program? 

    After the committee discusses and answers the five questions above, it will then issue an advisory opinion to the DIO.

  6. If, after review of the committee's opinion, the DIO decides the Resident did receive due process, s/he will notify the Resident, via certified mail, the program's decision stands and of the final disposition.  (i.e. There is no further appeal of a dismissal.)

  7. If, after the review of the committee's opinion, the DIO decides the Resident did not receive due process and/or s/he disagrees with the decision by the residency program, the DIO will inform the Resident and the Program Director.  The DIO will review the circumstances of the action and the committee's findings and has the right to disregard the ad hoc committee's opinion.

  8. If an adverse action is overturned by the DIO, the DIO will inform the affected Resident, via certified mail, of the decision.  If it is decided to reinstate the Resident to his/her original status, the DIO and the Program Director will meet with him/her to explain any required terms of reinstatement.  The Resident is NOT entitled to legal representation during the reinstatement meeting.

  9. The decision of the DIO will be final.