XVII.   Resident Dismissal Procedures

A.        Resident Dismissal

MSU/CHM as the Institutional Sponsor for ACGME accredited programs has a policy that Residents may be dismissed for cause including but not limited to:

1.                  unsatisfactory academic or clinical performance

2.                  failure to appear for duty when scheduled without notification of the program.

3.                  failure to comply with the rules and regulations of the program, the College and the University, or the Hospitals in which training takes place

4.                  revocation, suspension or restriction of license to practice medicine

5.                  theft

6.                  unprofessional behavior

7.                  insubordination

8.                  use of professional authority to exploit others

9.                  conduct that is detrimental to patient care

10.             falsification of information in patient charts or other documents of the residency program.

B.        Process

The Program Director who is considering dismissing a Resident shall consult with the Chairperson of the academic department and Associate Dean for Graduate Medical Education.  The process for dismissal shall be:

1.                  The Resident will be notified in writing that the program is considering dismissal. The reasons dismissal is being considered must be included.

2.                  Upon notification, the Resident will have an opportunity to meet with the Program Director and members of the Training Committee to present oral and written support for his/her position in response to the reasons for the action set forth by the Program Director.

3.                  If after the meeting (or, if the student declines to meet, after the opportunity to meet is provided), the Program Director determines that dismissal is still recommended, the Resident will be offered a hearing prior to dismissal.

C.        Resident Hearing Prior to Dismissal

1.                  A Resident has a right to a hearing prior to dismissal.  The Resident may request, in writing, the hearing.  Such a written request must be made to the Chair of the GMEC within fifteen (15) calendar days from the date of receipt of the document informing the Resident of the right to a hearing. Residents must be provided with the name and address of the Chair of the GMEC. The Chair of the GMEC shall impanel a hearing panel.

a.                  The members of the hearing panel shall consist of five (5) members including: two (2) physician faculty members from the involved clinical department, one (1) faculty member from the GMEC from a clinical department not involved in the action, one (1) Resident from the involved program or its related specialty program and one (1) Resident from another MSU/CHM Sponsored residency program.

b.                  The hearing panel shall select a member who will chair the meeting(s) and draft the report of findings.

c.                  The Resident will have the right to challenge any member of the hearing panel for bias. The panel, excluding any challenged member, shall confer and decide the validity of a challenge.  The panel’s finding shall be final.

2.                  The hearing panel shall attempt to maintain a collegial atmosphere.  The hearing is not a court of law and court rules and the rules of evidence are not binding.  The Resident or the program director may choose to invite an advisor to be present during the hearings.  The presence of an attorney or other advisor is permitted, however during the hearing itself, only the panel, the Program Director and the Resident may speak.  The Resident may bring others who support his/her position and question others brought by the Program Director, if any. 

3. At the close of the hearing, the panel will overturn or uphold the decision of the Program Director to dismiss the Resident.  The panel’s decision will be reported in writing to the Resident, the Associate Dean for Graduate Medical Education, the Program Director and the Chairperson of the academic department within fifteen (15) calendar days.