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MUSC GME Resident Handbook

Home > Graduate Medical Education > Policies > Grievance Procedure for Termination Due to Misconduct ("Disciplinary Cause")
Graduate Medical Education  2013-2014

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Resident Handbook Introduction

Letter of Commitment/
Accreditation Status Disclaimer

Administration & Governance - Graduate Medical Education Programs

Policies & Procedures

Salaries & Benefits

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 FOR TERMINATION DUE TO MISCONDUCT
(“DISCIPLINARY CAUSE”)

STATEMENT OF POLICY

The procedures as stated in this document are for the purpose of resolving matters related to the misconduct (i.e. violation of State or Federal laws) of a resident of MUSC.  The affected resident shall be entitled to representation including legal counsel during these procedures.  All directed and associated costs of legal or other representation, shall be the sole responsibility of the resident.  MUSC shall reserve the right to be represented by an appointed member of the MUSC staff and/or legal counsel during these procedures.

RIGHTS OF PARTIES

Should a disciplinary matter be presented at a hearing, the parties thereto shall have a right to: call and examine witnesses, introduce exhibits, cross examine witnesses on any matter relevant to the issues, and/or rebut any evidence presented. The affected resident upon whose request that hearing is held may be called as a witness and fully examined by the committee.


HEARING

Should a hearing be requested, said hearing shall be conducted by an ad hoc committee of the GMEC appointed by the Designated Institutional Official for GME.  The hearing will be conducted in an informal manner by the Designated Institutional Official as long as proper decorum is preserved.


RECORD

All findings and actions of the committee shall be recorded with sufficient accuracy to permit an informed, valid judgement to be made by any group who, at a later date, may be called upon to review the record and render a recommendation or decision on the issues. The hearing committees hall elect at its discretion the most appropriate method to be used for creating the record but not limited to: electronic recording, detailed transcription, or minutes of the
proceedings.


QUORUM

The majority of the hearing committee shall be a quorum and must be present throughout the hearing and deliberations. If a hearing committee member is absent from any substantial part of the proceedings, that member shall not be permitted to participate in the deliberations and/or decisions of the committee.


POSTPONEMENTS


A request for postponement or delay of a hearing may be granted by the hearing committee upon the showing of good cause and only if in the committees’ judgment the request is timely.

RECESS OR CONTINUATION

The hearing committee may recess the hearing and reconvene the same without additional notice in order to accommodate the participants or for the purpose of obtaining new or additional evidence or consultation. Upon conclusion of the presentation of oral and written evidence by the parties to the hearing, the hearing shall be deemed closed. The hearing committee shall there upon give their timely deliberation to the issues outside the presence of the parties. Upon conclusion of its deliberations and a decision on the issues, the hearing shall be declared concluded.


SUMMARY SUSPENSION AND DISMISSAL

The Chairman of the Medical Executive Committee, the President of the Medical Staff, the Chairman of the appropriate clinical department, the Hospital Executive Director, the Vice-President for Academic Affairs, the President of the Medical University, or the Chairman of the Board of Trustees, each and individually, shall have the authority to request that a program director or his designee consider summary suspension of all or any portion of the clinical privileges of a Resident when in their sole discretion patient safety and well being may be in jeopardy. Summary suspension shall be effective immediately upon imposition and dismissal procedures may be commenced within five (5) days of suspension.


DISMISSAL PROCEDURE

A resident may be relieved of clinical duties at any time on the recommendation of any faculty member to the Department Chairman, when in the opinion of the Department Chairman such action is deemed as in the best interest of patient care. The resident will be fully advised of the reasons for such action and the action will be immediately communicated to the Designated Institutional Official for GME. Upon request of the resident, the reason for such action shall immediately be stated in writing. All efforts shall be made to reassign the resident to non-patient care activities consistent with his or her educational objectives for the period involved. If such action is indicated for reasons that can normally be considered to be transient or correctable by remedial assistance, a continuing review of the situation will be the responsibility of the Program Director and the Department Chair who will return the resident to full activities as soon as possible. If such action is indicated for reasons not considered to be transient or remedial, the Resident will be dismissed.