Graduate Medical Education
Graduate Medical Education Policies and Procedures
Policy for Dismissal, Suspension, Non-Reappointment - Appeals
I. Introduction & Purpose:
Whenever the professional activities, conduct, or demeanor of a resident interfere with the discharge of assigned duties at the University of Illinois College of Medicine at Urbana-Champaign or affiliated institutions’ employees, or jeopardize the well-being of patients, the University of Illinois College of Medicine at Urbana-Champaign, through its administration, reserves the right to take any necessary action as it sees fit to correct the situation.
The procedural process detailed in this policy is available to all residents who wish to appeal certain reviewable corrective actions. Deviation from these procedures that does not result in material prejudice to the Resident will not be grounds for invalidating the action taken. Performance evaluations and the decision to reduce clinical privileges are not considered corrective actions and, as such, are not subject to the provisions contained herein.
II. Applicability of this Policy
The procedural rights provided herein do not apply to departmental determinations relating to certification and/or evaluation of the resident's academic performance or clinical competence. The exception is allegation that academic determination is based on discrimination based on race, color, religion, sex, sexual orientation, natural origin, ancestry, age, marital status, handicap, unfavorable discharge from the military, status as a protected veteran or status protected under The Genetic Information Nondiscrimination Act and Illinois Victims’ Economic Security and Safety Act. In these cases, full appeal procedures will be followed and the Office of Affirmative Action immediately advised.
The Program Director may limit the resident’s clinical privileges. The reduction of a resident's clinical privileges or the imposition of a requirement that some or all of the resident's clinical privileges be performed under a higher level of supervision shall not constitute a suspension and is not subject to appeal.
Should a resident fail to complete medical records for which he/she is responsible in a timely manner, the resident may be suspended until such time as the delinquent records are completed. In case of such suspension, the resident shall not be entitled to due process outlined in this policy.
- Suspension, with or without pay, shall mean removal from all residency duties for a finite period of time.
- Summary Suspension shall mean an immediate removal from all residency duties for a finite period of time without all of the procedural review processes set forth below, if the offense is so serious that it poses immediate and serious danger to patients, faculty or staff or to the institutions. Summary suspensions shall be with pay until they are converted to a regular suspension through the provision of written notice of the grounds of the suspension, at which time the suspension may be converted to being without pay.
- Dismissal shall mean permanent removal from the residency program.
- Non re-appointment shall mean the University of Illinois College of Medicine at Urbana-Champaign’s decision to terminate the relationship at the end of the contract year and not extend a contract for a succeeding year.
IV. Basis for Suspension & Dismissal
Under certain circumstances, residents may be dismissed or suspended prior to the termination of their contract. The following list provides examples of resident actions that can be grounds for suspension, dismissal or non-renewal. It is not intended to be inclusive of all reasons for such actions. The action will depend on the severity of the infraction, prior warnings, and efforts on the part of the resident to correct his or her behavior. In all cases the basis for the decision will be in the Program’s best judgment.
- Fraud by commission or omission in application for the residency position, or in completing other official University documents.
- Absence without leave from assigned duty
- Refusal of assignments
- Habitual tardiness
- Engaging in unapproved outside employment
- Lack of medical skills or judgment
- Unprofessional behavior
- Behavior that threatens the well-being of patients, medical staff, employees, or the general public.
- Failure to maintain valid professional license or visa status suitable to the university
- Failure to comply with federal, state and local laws whether or not related to the medical profession.
- Failure to conform to the letter and spirit of the Resident Agreement, or to policies and procedures of The University of Illinois, The College of Medicine, or the Residency program.
- Failure to perform the normal and customary services of a resident as defined in the ACGME "General Requirements."
- Sexual harassment or abuse of patients, other residents, or hospital staff.
A. Summary Suspension: The Program Director or designee may at anytime summarily suspend with pay a resident if he/she believes such suspension is in the interest of patient welfare. Within twenty-four (24) hours of being placed on summary suspension, the Resident shall be sent written notice that they have been placed on Summary Suspension at the last known address on file with the Program Director. Within ten (10) days of the date of imposition of such Summary Suspension, unless extended by mutual agreement of the resident, the Program Director must either reinstate the resident or provide the resident with written notification of his/her Suspension or Dismissal.
B. Suspension and Dismissal Procedures:
- The Program Director or designee, in his/her sole discretion, may hold a formal or informal pre-disciplinary meeting with the Resident prior to the issuance of written notice of suspension or dismissal to discuss the deficiencies in professional activities, conduct, or demeanor of the Resident and/or any of the basis for Suspension and Dismissal noted above.
- A resident shall be provided written notification of his or her Suspension or Dismissal. The written notification shall include an explanation from the Program Director or his/her designee of the reason(s) for such action. The written notification shall also advise the resident of his/her right to request a formal hearing.
- Within fifteen (15) days of written notification of his/her suspension or dismissal, a resident may request a hearing before the residency Clinical Competency Committee (CCC). The Resident's request must be in writing and submitted to the Program Director.
- The Clinical Competency Committee (CCC) shall convene a meeting within fifteen (15) days of the receipt of the Resident's written request for appeal. The Committee shall notify the Resident in writing of the date, time and place of the hearing as soon as reasonably possible, but no less than 72 hours in advance of the hearing.
- The Program Director shall provide information, materials and/or witness testimony/statements to the CCC. The Resident may present such information or materials, oral and written, as desired to support his/her case. The CCC shall have the sole right to determine what additional information, materials and witness are relevant to the proceeding and shall only consider that which they deem relevant. No other representatives shall be present during the hearing, with the exception of attorneys who represent the parties or Clinical Competency Committee (CCC). The Resident must inform the CCC within three (3) days of his or her intent to have an attorney present at the hearing. Each party shall be permitted to review all materials submitted to the Committee at least 7 days prior to the meeting.
- A majority vote of the CCC present at the hearing shall decide the issue before it and the Program Director shall be bound by the decision. The CCC shall notify both parties within ten (10) days of the hearing of its decision.
- The Resident shall have ten (10) days to file an appeal of the CCC’s decision. Within ten (10) days of receiving said appeal the Dean shall constitute a committee of 5 members of the University of Illinois College of Medicine at Urbana-Champaign medical faculty with appointments at the level of Clinical Assistant Professor or higher and at least three (3) members of this committee will not be members of the CCC. The appeal shall be in writing and submitted to the Program Director. The appeal of the resident shall outline the basis for its appeal and is limited to the following issues: (a) failure to follow due process; (b) evidence if believed by the CCC is insufficient to reach the decision; and/or (c) the decision is an inappropriate remedy.
- The Appeal Committee shall convene a hearing within fifteen (15) days of their appointment. The Appeal Committee shall notify the resident and the Program Director of the date, time and place of the hearing. A majority vote of the Appeal Committee shall be final except as provided by the grievance procedures of the University of Illinois College of Medicine at Urbana-Champaign. A written decision will be submitted to both parties within ten (10) days of the hearing.
VI. Non-reappointment of Residents: To the extent practicable, notification of non-reappointment will be made no later than four months before the end of the resident's contract. Factors which may be considered in the decision not to renew a contract of a resident include:
- The staffing needs of the residency program;
- The past evaluations and anticipated future performance of the resident; and/or
- Lack of preparedness for promotion in this program, even if summative performance is satisfactory based on American Board of Internal Medicine standards.
If a resident is given a notice of non-reappointment, he or she may request a hearing under the Suspension/Dismissal procedure above.
Approved by GMEC 9/27/2013