| 1. |
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A Resident who is the subject of an adverse decision (as identified above) has the opportunity to use the Appeals Procedure, and will be treated without prejudice or recrimination for having done so. |
| 2. |
At the time a Resident is notified of an adverse decision, the Program Director will also advise him/her of the right to an unbiased appeal by invoking the Appeals Procedure. The written notice of the adverse decision will include both a copy of the Appeals Procedure for Residents and the specific charges against the Resident which resulted in an adverse action. |
| 3. |
To activate the Appeals Procedure, the Resident must make a written request within five (5) working days of the issuance of the adverse decision. The written request is made to the Vice President of Human Resources, with a copy to the Director of Medical Education. Failure of the Resident to request the Appeals Procedure within five (5) working days constitutes a waiver of the right to an appeal and review. |
| 4. |
An Appeal Panel will be scheduled within ten (10) working days of the receipt of the Resident's request or as soon there after as possible. |
| 5. |
The Resident is allowed to examine pertinent records in order to prepare a response. A representative from Human Resources may assist the Resident or Program Director in making pertinent records available. |
| 6. |
An Appeals Panel is established to meet, review information, question individuals, and consider other information that resulted in the adverse action. The Panel consists of five members: three physicians who are faculty members at AIMMC, and two AIMMC Residents. Three members of the Panel are chosen by the Director of Medical Education at AIMMC, one by the Resident, and one by the Program Director. The Resident makes his choice known first, followed by the Program Director. The Director of Medical Education selects the remaining Panel members. The Panel members cannot be Program Directors and cannot be immediately involved with incident(s) which resulted in the adverse action.
The Vice President of Human Resources (or designate) will act as the facilitator for the
appeals Panel and serve as staff resource to the Panel to provide guidance on the
process. |
| 7. |
The Resident and Program Director are given an opportunity to appear before the Panel to answer questions, to respond to the information, to question key individuals, and to present witnesses and other information. Both, the Resident and Program Director may be present during the fact‑finding portion of the appeal and shall have the opportunity of presenting any written submissions in support of their respective positions. The Committee reserves the right to determine whether the information presented on behalf of the Resident or the Program Director is pertinent or relevant to the proceeding and whether it should be considered by the Panel. |
| 8. |
The Resident is permitted to be accompanied by his faculty advisor or another physician of his choice to advise and counsel him during the appeals, provided that the physician is a Resident or member of the Medical Staff of Illinois Masonic Medical Center. Neither the Resident nor the Program Director is entitled to have legal counsel present during the appeal. |
| 9. |
The Panel has ten (10) working days to conduct and conclude the appeals. |
| 10. |
The decision of the Panel is based solely on information presented at the appeals. Neither the Resident, the physician who accompanied him/her to the appeals, nor the Program Director is present during the Panel deliberations. The Panel is authorized to uphold, reject, or modify the adverse decision. The decision is made by majority vote of the Panel through secret ballot. The Vice President of Human Resources, as the Panel’s facilitator, will submit the Panel’s decision to the Chief Executive Officer/President (or acting CEO/President) for final review and decision as representative of the Governing Council. |
| 11. |
A record of the appeals testimony is produced and retained by AIMMC, and a copy is available to the Resident or Program Director on request. |
| 12. |
In the event the Panel returns a decision that is unfavorable to the Resident or to the Program Director, either has the right to request the second step of the Appeals Procedures which is a review. |
| 13. |
A request for a review must be made by the Resident or Program Director to the Vice President of the Human Resources with a copy to the Director of Medical Education within five (5) working days after receiving notice of the unfavorable decision by the Panel. Failure to request a review within that time period is considered a waiver of the right to a review and an acceptance by the Resident or Program Director of the decision. |
| 14. |
A Review Panel is scheduled within ten (10) working days of the receipt of the Resident or Program Director's request or as soon there after as possible. The Review Panel has ten (10) working days to conduct and conclude the review. |
| 15. |
The Review Panel consists of three members who may be faculty members or residents at AIMMC, one selected by the resident, one selected by the Program Director and one by the Medical Education Director. The Resident makes his choice known first, followed by the Program Director, and then the Medical Director. The Panel members cannot be Program Directors; cannot be immediately involved with the incident(s) which resulted in the adverse action; and cannot have been involved in the appeals hearing. The Vice President of Human Resources (or designate) will act as the facilitator for the appeals Panel and serve as staff resource to the Panel to provide guidance on the process.
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| 16. |
A Review Panel is established to examine the written information submitted and produced at the appeals hearing as well as to consider any written statement by the Resident or Program Director prepared in response to the Appeals Panel's decision. Neither the Resident nor the Program Director is permitted to make any presentation to the Review Panel. No new information which was not considered by the Appeals Panel may be introduced to the Review Panel. However, the Review Panel may at its discretion ask any person with information about the issues to attend for the purpose of seeking clarification in the service of their decision making. |
| 17. |
The decision of the Review Panel is based solely on information considered at the appeals hearing and any written submission by the Resident or Program Director to the Review Panel. Neither the Resident nor the Program Director is present during the deliberations. The decision to uphold, reject, or modify the adverse action is made by majority vote of the Panel through secret ballot. The Vice President of Human Resources, as the Panel’s facilitator, will submit the Panel’s decision to the Chief Executive Officer/President (or acting CEO/President) for final review and decision as representative of the Governing Council |
| 18. |
With the decision of the Review Panel, the appeals process is concluded and neither the Resident nor the Program Director may make further appeals. |
| 19. |
A record of the Appeals Panel testimony, written communications to the Review Panel by the Resident or Program Director, and the final decision is produced and retained by AIMMC. A copy is available to the Resident and Program Director on request. |
| 20. |
TIME LIMITS: The limits identified in this policy may be reasonably extended by the Panels as needed. All requests for additional time are presented to the Vice President of Human Resources for review and decision. |
| 21. |
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INDEMNIFICATION: Any persons serving on either the Appeal Panel or Review Panel at the request or direction of AIMMC are protected by the insurance coverage of AIMMC with respect to the liability arising out of such service. |
| 22. |
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PANEL ATTENDANCE: All members of both panels must be in attendance for meetings to be conducted. |
