Employment Contract B
EXHIBIT “B”
Disciplinary and Fair Hearing Procedures
If a dismissal, summary suspension, or other corrective action other than a warning or reprimand or imposition of a remediation plan is initiated during the term of the Graduate Medical Education Agreement, the process shall proceed as follows:
1.1 Resident will be notified in writing that the Program is considering corrective action.
1.2 Upon such notification, Resident will have ten (10) calendar days to meet with the Program director and present written evidence in support of his or her position or response to the reasons for the action set forth by the Program. Failure to contact the Program director in writing within the required time frame (i.e., 10 calendar days) will result in a waiver of the right to appeal.
1.3 After the above-referenced meeting, if the Program director believes that corrective action is warranted, action may be taken. Resident will be notified of such action within five (5) calendar days.
1.4 Resident has the right to appeal corrective action taken by the Program. A written request for an appeal hearing must be submitted to the Director of Medical Education (“DME”) within ten (10) calendar days of the time Resident is informed of the action. Resident’s compensation will continue during the appeals procedure.
1.5 Within thirty (30) calendar days of the written request for an appeal the DME will convene a hearing panel. The DME will extend the time for convening a hearing panel for fifteen (15) calendar days upon the request of either party. The hearing panel will consist of two (2) physician faculty members and one (1) senior resident. One hearing panel member will be appointed to chair the panel.
1.6 Either party may challenge the appointment of a hearing panel member, in writing, to the DME no later than five (5) days after publication of the panel appointment. The DME will rule on the validity of the challenge. The challenge must specify reasons that would prevent the individual from being unbiased with respect to the matter involved. If the DME determines the challenge to be valid, a substitute hearing panel member will be made and the process will resume accordingly.
1.7 The hearing is not an evidentiary hearing and court rules and the rules of evidence will not apply. Each party may have an advisor or legal counsel present at the hearing for the purpose of advising the party, but the advisor or counsel may not participate directly in the hearing. Resident will inform the DME at least five (5) calendar days in advance of the hearing of the identity of his or her advisor.
1.8 At the hearing, Resident will have the right to: (a) present written and verbal evidence; (b) present witnesses on his or her behalf; (c) rebut evidence provided by the Program; (d) have the hearing recorded by tape recorder or other means at his or her expense; and (e) have a copy of the transcript of the hearing prepared at his or her expense, all under the procedures established by the hearing panel.
1.9 To prevail at the hearing, Resident must demonstrate to the hearing panel that the corrective action imposed by the Program was based upon factors that are inappropriate or irrelevant to academic performance or professional conduct.
1.10 Within ten (10) calendar days of the conclusion of the hearing, the panel will submit its recommendation to the DME. The hearing panel may request an extension of not longer than ten (10) days, which shall be granted by the DME. The DME may accept, set aside or modify the recommendation of the hearing panel. The DME will inform Resident and the Program director of his or her disposition within fifteen (15) calendar days of receipt of the recommendation of the hearing panel. The decision of the DME will be final and binding, and may not be appealed.