Academic and Misconduct Review Policy

In accordance with the University at Buffalo’s (UB’s) responsibilities as a sponsoring institution of medical and dental residency training programs, and in compliance with ACGME Institutional Requirements, the Academic and Misconduct Review Policy (Policy) describes the process available to residents/fellows for requesting a review of actions (Actions) taken under the UB GME Academic Action Policy or the UB GME Misconduct Policy. The Academic Action and Misconduct policies are available at http://medicine.buffalo.edu/offices/gme/policies.html.

General Statements

  1. This Policy permits residents/fellows to request a review (Review) of the following Actions: 
Academic Actions Misconduct Actions
Non-promotion Suspension
Non-renewal Immediate Dismissal
Academic Dismissal  
Personal learning plans 
that result in an extension of the
resident's/fellow's training
 

    2.    This Policy is not intended to address:

a)      Issues of sexual harassment, harassment on the basis of lawfully protected characteristics, status or other forms of discrimination.  For information on how to file a complaint with respect to these issues, please refer to the UB GME Policy and Procedure against Discrimination and Harassment.  

b)      Workplace grievances.  For information on how to address workplace grievances, please email the Director of Human Resources in the Office of Graduate Medical Education (GME):  Joyce Wienke.

1.      All parties to a Review are expected to demonstrate appropriate, responsible and professional conduct during the Review proceedings. 

2.      Review proceedings are academic proceedings. Attorneys may advise a party to a Review but may not be present during any meetings or hearings conducted under this Policy.

3.      Review proceedings may not be recorded.

4.      The Senior Associate Dean for GME, or her/his designee, has discretionary authority to extend any timeframe outlined in this Policy. 

5.      Written statements issued under this Policy will be maintained in the resident’s/fellow’s GME file.

Request for Review

Upon written notification of an Action, residents/fellows may request a Review of the Action in accordance with the process outlined below. 

Requesting a Physician Review:

General Requirement.  A resident/fellow may request a physician review (Physician Review) of an Action by submitting an electronic request (i.e., by electronic mail) to the GME Director of Human Resources:  Joyce Wienke.  The resident/fellow must copy the Program Director on this electronic request. 

Content Requirement The request for a Physician Review must reference the challenged Action and summarize the resident’s/fellow’s reason(s) for requesting the Physician Review.  The resident/fellow may not submit any information that would violate federal or state patient privacy protection laws. 

Timeline.   A request for a Physician Review must be received by the Senior Associate Dean for GME no later than seven (7) calendar days after the Program Director provides the resident/fellow with written notification of the Action.

Appointment of Physician Reviewer The Senior Associate Dean for GME, or his/her designee, will appoint a Program Director or faculty member from a UB residency training program who has not previously supervised the resident/fellow to serve as the Physician Reviewer.  The Senior Associate Dean for GME, or his/her designee, will make this appointment within fourteen (14) calendar days of receiving the resident’s/fellow’s request for a Physician Review. 

Physician Review Process:

Role of the Physician Reviewer The Physician Reviewer is charged with determining whether there was a reasonable basis for the Action taken by the Program Director. 

In making this determination, the Physician Reviewer will:

·         Examine the resident’s/fellow’s request for a Physician Review

·         Meet individually with the resident/fellow

·         Meet individually with the resident’s/fellow’s Program Director

·         Determine, in his/her sole discretion, whether to conduct a joint meeting with the resident/fellow and program Director

·         Request documentation, as necessary, from the resident/fellow and/or the Program Director; and

·         Consult with others, as appropriate, to obtain any additional information that would aid the Physician Reviewer in rendering a determination.

Determination.  After conducting meetings, reviewing any requested documentation and consulting with others, the Physician Reviewer will prepare a written statement of his/her findings and the basis for such findings.  This written statement will be presented to the Senior Associate Dean for GME for review and approval no later than twenty-one (21) calendar days after the Physician Reviewer’s appointment. Within three (3) calendar days of receipt of the final written statement, the Senior Associate Dean for GME, or his/her designee, will provide copies of the final written statement to the resident/fellow and the Program Director.

Requesting a Panel Review:

General Requirement.  If either party disagrees with the findings of the Physician Reviewer, the party may request a panel review (Panel Review) by submitting an electronic request (i.e., by electronic mail) to the GME Director of Human Resources:  Joyce Wienke.  The requesting party must copy the other party on this electronic request. 

Content Requirement A request for a Panel Review must include a concise statement of the facts upon which the Review is being sought. The requesting party may not submit any information that would violate federal or state patient privacy protection laws. 

Timeline A request for a Panel Review must be received by the Senior Associate Dean for GME no later than seven (7) calendar days after distribution of the Physician Reviewer’s written statement to the parties by the Senior Associate Dean for GME.

Waiver of Review If neither party timely requests a Panel Review, the determination of the Physician Reviewer constitutes a final and binding decision.

Appointment of Panel.  The Senior Associate Dean for GME, or his/her designee, will appoint a panel (Panel) consisting of three (3) members: a Program Director from another UB residency training program, a faculty member who has not previously supervised the resident/fellow, and a resident/fellow who has not previously worked with either party.  Either the Program Director or the faculty member will be appointed by the Senior Associate Dean, or his/her designee, to chair the Panel.  The Senior Associate Dean, or his/her designee, will appoint the Panel and select a chair within fourteen (14) calendar days of receiving the  request for a Panel Review. 

Panel Review Process:

Role of the Panel.  The Panel is charged with determining whether there was a reasonable basis for the Action taken by the Program Director.

In making its determination, the Panel will:

·         Examine the request for a Panel Review

·         Review the Physician Reviewer’s written statement

·         Meet jointly with the resident/fellow and Program Director to hear statements and pose questions

·         Meet individually with the resident/fellow and/or Program Director to pose additional questions or seek clarification, if necessary

·         Request documentation, as necessary, from the resident/fellow and/or the Program Director

·         Consult with others, as appropriate, to obtain any additional information that would aid the Panel in rendering a determination; and

·         Meet privately to render a determination.

Supportive Attendees:  Each party may bring one person (Supportive Attendee) with him/her to any meeting with the Panel.  Supportive Attendees are prohibited from speaking on behalf of, or advocating for, a party, unless requested by the Panel.  Supportive Attendees may not be attorneys. 

Determination.  After conducting meetings and reviewing any requested documentation, the chair of the Panel will prepare a written statement of the Panel’s findings and the basis for such findings.  This written statement will be presented to the Senior Associate Dean for GME, or his/her designee, for review and approval no later than twenty-one (21) calendar days after the Panel’s appointment. Within three (3) calendar days of his/her receipt of the final written statement from the chair of the Panel, the Senior Associate Dean for GME, or his/her designee, will provide copies of the final written statement to the resident/fellow and the Program Director.

Panel decisions are determined by a majority of members of the Panel. 

The determination of the Panel constitutes a final and binding decision. 

Established:  2014
GMEC Approved June 19, 2018