Grievance Procedure

It is recognized that resident physicians should be given the opportunity to appeal certain actions which may be imposed by the program director. Questions concerning the performance of duties, personal conduct, or academic underachievement shall be discussed initially by the resident and the program director.

The following is a description of the appeal process. In exercising these appeal rights, the resident waives and releases any and all claims whatsoever against PCOM and individuals who participate in the grievance process in good faith and without malice. It should be noted that attorneys would not be allowed to be present during any level or step of the grievance procedure.

 

Level I

If a resident receives a written warning, and they disagree with the warning, the following appeal process may be followed:

Step 1 – Discussion between Resident Physician and Program Director

All questions concerning the written warning shall be discussed initially by the resident and their program director within five days of receipt of the written warning. If the grievance cannot be resolved at this level, the resident physician may request a conference with the DIO of the local training hospital.

Step 2 – Discussion Between Resident and DIO

The resident should submit to the DIO within seven days of the program director’s decision, a written request for a conference outlining the substance of their grievance. Upon receipt of this request, the DIO will arrange a conference with the resident, normally to occur within seven calendar days. Within seven days following the conference, the DIO will notify the resident and the program director, in writing, of his/her decision. The DIO’s decision is final.

 

Level II

Step 1 - Discussion Between Resident and Program Director

A resident that is suspended or receives a notice of recommended dismissal has ten calendar days after receiving written notice of such action to appeal the decision to the program director or his/her designee. Upon receipt of the appeal, the program director or his/her designee will arrange to meet with the resident normally within five calendar days. The resident will be informed in writing within five calendar days following the meeting of the decision regarding the appeal.

Step 2 –Discussion Between Resident and DIO

Same as Step 2 in Level I above except that the DIO’s decision may be reviewed according to Step 3.

Step 3 – Hearing Before Appeals Committee

If the decision of the DIO is not deemed satisfactory, the resident may then request a hearing by filing a written request with the DIO within seven calendar days after receiving a copy of the decision of the DIO. Upon receiving the request for a hearing, the DIO will schedule a meeting of the Appeals Committee.

A hearing shall be held not less than 14 days or more than 28 calendar days from the date of the resident physician’s request for a hearing. The DIO shall notify the resident physician of the date, time, and place of the hearing. The resident may meet with the Appeals Committee or may waive the right. The resident has the right to present witnesses before the Appeals Committee. A member of the Appeals Committee has the right of recusal from the hearing, the DIO at that time will select another Faculty Member to fill that temporary vacancy.

At the conclusion of the hearing, it will be the responsibility of the Chair of the Appeals Committee to inform the DIO and resident physician, in writing, of the recommendations. This will normally be done within seven calendar days following the hearing. If there is no appeal, this decision is final.

Step 4 – Review of Recommendations by the Appeals Committee

If the resident is not satisfied with the written recommendations of the Appeals Committee the resident is entitled to request a review of the recommendations by the Provost, who acts as an agent of the Board of Trustees of PCOM.

A written request for review should be submitted to the DIO, within seven calendar days of receipt of the Appeals Committee recommendations. The Provost, PCOM will review the information and notify the DIO, Chair of the Appeals Committee, the resident’s Program Director, and the resident of his decision within seven calendar days. The decision of the Provost will be final.