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SUMMARY: This regulation is being repealed.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,
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
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T TATTTA TU D C T^T 7 CNU UT CND TTT A
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
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
as etefUIIm fie aU
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
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
(b) Th DC-44
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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'flY t~t) iivHlLfl tf "a e' eL" t ~vet"~~~.'tt~"
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
appeal. The DCAME may