Group Title: University of Florida regulations : J. Hillis Miller Health Center
Title: University of Florida regulations : J. Hillis Miller Health Center. College of Medicine policies and procedures for discipline, grievances, nonrenewal, suspension or dismissal of a resident.
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 Material Information
Title: University of Florida regulations : J. Hillis Miller Health Center. College of Medicine policies and procedures for discipline, grievances, nonrenewal, suspension or dismissal of a resident.
Series Title: University of Florida regulations : J. Hillis Miller Health Center
Physical Description: Serial
Creator: Office of the Vice President and General Counsel, University of Florida
Publisher: Office of the Vice President and General Counsel, College of Medicine resident policies.
Place of Publication: Gainesville, Fla.
Publication Date: February 15, 2006
 Record Information
Bibliographic ID: UF00089353
Volume ID: VID00003
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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NOTICE OF PROPOSED REGULATION


Date: February 15, 2006

REGULATION TITLE: REGULATION NO.:
College of Medicine Policies and Procedures for Discipline, 6C1-5.076
Grievances, Nonrenewal, Suspension or Dismissal of a Resident

SUMMARY: This regulation is being repealed. Its provisions will be incorporated in the
annual resident physician contract.

AUTHORITY: BOG Resolution dated January 7, 2003

COMMENTS CONCERNING THE PROPOSED REGULATION SHOULD BE
SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO THE
CONTACT PERSON IDENTIFIED BELOW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED REGULATION
IS: Rebecca J. Holt, Executive Secretary, 123 Tigert Hall, Post Office Box 113125, University
of Florida, Gainesville, Florida 32611, 352-392-1358 office, 352-392-4387 facsimile,
regulations@ufl.edu.

NAME OF PERSON WHO APPROVED THE PROPOSED REGULATION: Dr. Douglas
Barrett, Sr. Vice President for Health Affairs

THE FULL TEXT OF THE PROPOSED REGULATION IS ATTACHED TO THIS
NOTICE.











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6C1 5.076 University of Florida College of Medicine Policies and Procedures for

Discipline, Grievances, NIonr-n ewal, Suspension or Dismissal of a Resident.

(1) The position of the resident (the term resident applies to interns, residents and

fellows) presents the dual aspects of a student in post graduate training and a participant in the

deliver of patient care. A resident's continuation in the training program11 is dependent upon

satisfacto1 y performance as a student and the maintenance of satisfacto1y professional standard:

in the care of patients. Behavior that reflects poorly on the professional standards, ethics and

collegiality are all components of a resident's academic evaluation. Disqualification of a


reieUit as a stHuueiit r as a member- i me neaitn care team uisquaifies mte reiUefit 1101m

further continuation in thc program.

(2) Grievances: A grievance is defined as dissatisfaction when a resident believes that

any decision, act or condition affecting his or her program of study is arbitrary, illegal, unjust or

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creates unnecessary narasip. tucn grievance may concern, ut is not iimnitea to, me lonowing:

academic progress, mistreatment by any University employees or student, wrongful assessment ot




discrimination because of race, national origin, ,sex, marital status, religion, veteran's status,

or disability, subject to the exception that complaints of sexual harassment will be reviewed by

the Chair of the Sexual Harassment Committee.

(a) Prior to invoking the grievance procedures described herein, the resident is strongly

encouraged to discuss his or her grievance with the persons) alleged to have caused the


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grievance. The discussion should be held as soon as the resident becomes aware of the act or

conditions that is the basis for- the grievance. la addition, o~r alternatively, the r-esidenit ma-y wish

to prcscnt his or hcr gricvancc in writing to the persons) alleged to have caused the grievance.

In either situation, the person(s) alleged to have caused the gdevance might respond orally or in

writing to the resident.

(b) If a resident decides against discussing the grievance with the person(s) alleged to

have caused such, or if the resident is not satisfied with the response, he or she may present the

grievance to the Chair or Associate Chair. If, after discussion, the grievances cannot be

resolved, the resident may contact the Director of Graduate Medical Education (DGME). The

DGME will meet with the resident and will review the grievance. The decision of the DGME

will be communicated in wdting to the resident and constitute the final action.

(3) Procedure for Suspension. The Chief of Staff of a participating and/or affiliated

hospital where the resident is assigned, the Dean or Dean's designee, the DGMEh, the President

of the Hospital, the Chair, Associate Chair or Program Director (PD) may at any time suspend a

resident from patient care responsibilities. The resident will be notified of the reasons for the

suspension and will be given an opportunity to provide information in response within five (5)

working days of the date the notice was issued. The resident may be suspended from further


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or A3ss3oca1c knaii.-Te ncesiucnt snal fC icinstatcu twun or witnout the impusitiu 01

academic probation or other conditions) or termination proceedings shall be commenced within

thirty (30) days of the date of suspension. Such suspension and assignment of the resident to

other duties may continue until final conclusion of the process. The PD may direct that the


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resident ues alcced annual leave during the suspension. The resident shall be afforded all du

process and appeal procedures as set fouth below.

(4) Procedure for Nonrenewal.

(a) A resident's contract may be non renewed in the event of unsatisfactory

perfo manc or training progress, failure to adhere to a.ccptable behavior, loss of req.uisite

funding for the program and/or the determination by the Senior Associate Dean that it is in the

best interests of the program. In the event that the PD decides not to renew a resident's

appointment, the resident shall be provided written notice. Programs should provide a resident

with as much written notice of the intent not to renew as the circumstances will reasonably

allow, prior to the end of the agreement of appointment.

(b) If requested in writing by the resident, within five (5) working days of the date the

noatice was issued, the Chair- or- Associate Chair- will meet with the r-esidenit; this Meeting should

occur within ten (10) working days of the written request. The resident may present relevant

information r-egar-dinig the proposed fiefr-efewal decision. The r-esidenit may be accompanied by

an advisor during this meeting held pursuant to these procedures.

(e) If the Chair or Associate Chair determines that nonrenewal is appropriate, he or she


will u. e his or her best effort, to pres.


cnt the decision in writing to the resident within ten (10)


eetUi(5) aPo s..ed for I DIII UIVV.

-(5)-Procedutr-e for Dismissal.


working days of the meeting. If a determination of nonrenewal is made, the resident will be

provided with appropriate notice, an opportunity to be heard, and all due process and appeal


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(a) In the event the PD of a training program concludes that a resident should be

dismissed prior to completion of the program, the PD shall inform the Chair or Associate Chair

in writing of this decision and the reason or reasons for the decision.

(b) The resident will be notified and provided a copy of the letter of proposed dismissal,

and, upon request, will be provided with previous evaluations, complaints, counseling letters and

other documents that support the recommendation. If requested in writing by the resident,

within five (5) working days of the date the notice was issued, the Chair or Associate Chair will

meet with the resident; this meeting should occur within ten (10) working days of the written

request. The resident may present relevant information regarding the proposed decision. The

resident may be accompanied by an advisor during any meeting held pursuant to these

procedures but the advisor may not speak on behalf of the resident.

(e) If the Chair or Associate Chair recommends termination, he or she will use their best

effots to present the decision in writing to the resident within ten (10) workings days of the

meeting. The resident shall be informed of the right to appeal and meet with the DG1VE.

-(6) Procedure for Appeal.

(a) If the resident appeals a decision the appeal must be made in writing to the Director

of Graduate Medical Education or designee(s) within 10 working days from receipt of the Chair's

or Associate Chair's decision. Failure to institute such an appeal within 10 working days will


r 1ndcrthP d PiPinn fin1l


designee(s)-will be-pre*4ded the


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commendationo, previ.


evaluations, counseling letters, and other documents that support the recommendation. The

resident will be notified of the date of the meeting with the DG tE or designee(s). The meeting

should occur within fifteen (15) working days of the DGME's or designee(s)' receipt of the


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(b) Th DC-44


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conduct an investigation and utiphold, modify or rver-


recommendation for suspension, nonrenewal or dismissal. The DGME or designee(s) will notify


the resident in writing of the conclusion of the appeal. If the decision is to uphold a suspension,

the decision o~f the DGM4E o~r designee(s) is finial. if the decision is to uphold the noar-enlewal OF
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Udimissal, the I3UCI1L may fni witin tIn f I0U woiig Uay3 af wI1I appeal 10 nu L 0I1 ti Ln

College of Medicinie or- designee. Failure to file suceh an appeal within tea (10) working days

will render the decision of the DGME or designee(s) final.

(e) The Dean or designee will inform the DG tE or designee(s) of the appeal. The

DGMETor designee(s) will provide the Dean or designee a copy of the recommendation with

accompanying documents and any other material submitted by the resident or considered in the

appeal decision. The Dean or- designee should r-ender- a decision within fifteen (15) wor-king

days, but failure to do so is not grounds for reversal of the decision. The Dean or designee shall

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The decision of the Dean Eor designee shall be final.


Specific Authority: BOG Resolution dated January 7, 2003 1001.74( ) S.

Law Implemented 1001.71(10), (19), 1001.75(3), 1006.60, 1006.61, 1006.62, 1012.92 FS.

History--New 8-15-78, Formerly 6C1-5.76, Amended 12-28-87, 5-23-96, 7-3-01, 6-27-02,

1-7-03, 6-3-03, Repealed


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appeal. The DCAME may




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