MUSC GME Resident Handbook

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Graduate Medical Education  2008-2009

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Appendix 3

GRIEVANCE PROCEDURE FOR ACTION
RESULTING FROM ACADEMIC DEFICIENCIES

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, or 3) non-reappointment (i.e. non-renewal of the Resident Agreement).

PROCEDURE

  1. Upon receipt of written notice from the Designated Institutional Official for GME of a decision leading to an adverse action, a resident may request a review of that decision by the Graduate Medical Education Committee.  The resident must make this request to the Designated Institutional Official for GME within ten (10) business days of receiving that notice.
  2. The Resident must submit this request, in writing to the Designated Institutional Official for GME. Requests for a grievance hearing will not be accepted from anyone other than the affected resident. The Designated Institutional Official for GME, upon receipt of the request will appoint an ad hoc grievance committee of the GMEC and this committee will be convened to review the adverse decision. 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 a 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, the Designated Institutional Official for GME will appoint these individual(s).

  3. The ad hoc grievance committee will meet within ten (10) business days of being named by the Designated Institutional Official for GME.  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. During the grievance hearing, the committee will consider the following questions: 1) Was the Resident’s performance judged using the same criteria and instruments as those used for other Residents in the program? 2) Was the Resident notified of the specific deficiencies to be corrected? 3) was the Resident instructed to correct the deficiencies? 4) Was 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) Was the Resident’s performance re-evaluated according to the terms of the remedial program.  

  5. The ad hoc committee shall then forward its recommendation to the Designated Institutional Official for GME, who, in turn, will notify the Resident of the final disposition.  (i.e. There is no further appeal of a dismissal.)