XVIII.      Resident Grievance Procedures

A.                 A Resident in an MSU/CHM sponsored program initiating a grievance is required to use the MSU/CHM grievance process.  

B.                 Good faith efforts shall be made to resolve problems through informal means between the parties. The Program Director should be included as part of this informal process.

C.                In the event that the matter cannot be resolved at the level of the Program Director, the Resident may file a written grievance and seek relief with the Chairperson of the affected academic department and request a review of the issue. A grievance must be initiated within 90 days of the action that is being grieved.

1.                  The Chairperson shall attempt to mediate a resolution to the complaint.

2.                  The Chairperson will put his/her proposed resolution in writing to the Resident with copies to the Program Director and the Associate Dean for GME. 

3.                  It shall be assumed that the Resident accepts the Chairperson’s resolution of the complaint if the Chairperson is not informed to the contrary within fifteen (15) calendar days of communicating a resolution to the concerned parties.

D.                In the event that the resolution instituted by the Chairperson of the affected academic department is not acceptable to the Resident, s/he may request, in writing, a formal hearing of the grievance. The Resident must state the basis for the grievance and the request must be received by the Chairperson no later than fifteen (15) calendar days after the date the Resident is informed by the Chairperson of his/her suggested resolution.

E.                 The Chairperson and the Associate Dean for GME shall impanel a grievance hearing committee within fifteen (15) calendar days of the receipt of the grievance letter.

F.                 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) senior Resident from the involved program and one (1) senior Resident from another MSU/CHM Sponsored residency program.

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

H.                 The panel shall first meet to hear the Resident’s complaint within fifteen (15) calendar days of being impaneled.

I.                     The Resident and the individual grieved against (respondent) will have the right to challenge any member of the hearing panel for bias.  The challenge must be in writing.  The panel shall confer and decide the validity of a challenge.  The panel’s finding shall be final.

J.                  The hearing panel shall endeavor to establish a collegial atmosphere in the hearing.  The Resident or the respondent may choose to invite an advisor to be present during the hearing.  Either the Resident or the respondent may choose to have an attorney as an advisor. However, during the course of the hearing only members of the hearing panel, the Resident and the respondent have the right to address the panel members, the respondent, the Resident or other persons brought before the panel.  An advisor shall not present the Resident’s nor the respondent’s case.

K.                 The report and recommendation of the grievance hearing panel shall be submitted to the Dean of the College of Human Medicine.

L.                  The Dean will inform the Resident, the respondent and the Chairperson of the academic department of his/her disposition on the hearing panel’s recommendation within fifteen (15) calendar days of the last hearing.