EVALUATION, CORRECTIVE ACTION, AND DISCIPLINARY POLICY FOR RESIDENTS

V. Appeals

A. Neither the decision to place a resident on a plan of remediation nor the plan of remediation itself is appealable.

B. The decision to summarily suspend, place on probation, not advance, or dismiss a resident is appealable, as follows:

1. The resident must submit a written request for a hearing to his/her Department Chair within seven (7) calendar days after his/her receipt of written notice of an appealable adverse decision or recommendation. If no request is submitted within such seven-day period, the Director's decision shall become final and not subject to further review.

2. The Department Chair, in consultation with the Dean or his/her designee, shall appoint an ad hoc Appeals Committee. The Appeals Committee shall consist of three attending physicians, each of whom hold faculty appointments in the New York University School of Medicine, and three residents, none of whom have had prior direct involvement in the proceedings with respect to the resident.

3. The Appeals Committee shall hold a hearing in a timely fashion. The resident shall receive at least seven (7) calendar days' prior notice of the hearing. Such notice shall include a list of acts and omissions supporting the department or division's decision to summarily suspend, place on probation, not advance, or dismiss the resident. The Director, the NYU Office of House Staff Affairs, and all relevant Hospital Medical Directors shall receive copies of the notice.

4. The Appeals Committee shall make rules it deems necessary to assure prompt, fair, and expeditious handling of the appeal. The Committee shall be permitted to have legal counsel present during the hearing. The rules of law relating to the examination of witnesses or presentation of evidence shall not apply. Any relevant matter upon which responsible persons may rely on the conduct of serious affairs may be considered.

5. The Appeals Committee shall conduct interviews and review documents, including medical records, as the Appeals Committee deems necessary or helpful in its conduct of the investigation. A recording of all interviews shall be made. The Appeals Committee may require a physical and/or mental evaluation of the resident in any case where the Appeals Committee has reason to consider the physical or mental competency of the resident. Appropriate consultants shall carry out such evaluation, and a report of the evaluation shall be forwarded to the resident as well as to the Appeals Committee.

6. The Appeals Committee shall be authorized to modify the charges or proposed disciplinary action raised against the resident.

7. The physical presence of the resident for whom the hearing has been scheduled shall be required. Failure to appear without good cause shall be deemed a waiver of the resident's right to the hearing provided in this section, shall be considered an acceptance of an adverse decision, and is final.

8. At the hearing the resident may elect to be accompanied or represented by an attorney or other persons of his or her choice. The role of this representative shall be limited to: (a) providing advice and counsel to the resident; and (b) addressing the members of the Appeals Committee. The role of the representative shall not include the questioning of witnesses. The Appeals Committee may, in its discretion, further define, expand, or limit the role of any such representative.

9. The resident (or his/her representative) shall have the right to present the resident's position to the Appeals Committee, together with such other documentation as the resident may wish. If given prior notice, the Appeals Committee shall make reasonable efforts to facilitate the availability of any witnesses whom the resident may wish to call. It shall be within the discretion of the Appeals Committee to question the witnesses or to allow the resident to question the witnesses.

10. Following the hearing, the Appeals Committee shall submit to the Dean or his/her designee a written report and recommendation. The resident and the Director, the NYU Office of House Staff Affairs, and all relevant Hospital Medical Directors shall receive copies of the report for their files.

11. The Dean or his/her designee shall issue a final written decision within seven (7) calendar days after receipt of the Appeals Committee's report. The resident and the Director, the NYU Office of House Staff Affairs, and all relevant Hospital Medical Directors shall receive copies of the decision for their files.

12. The Appeals Committee shall forward the record of its proceedings and interviews to the Dean. The proceedings and records of the Appeals Committee and the Dean's decision shall be, so far as possible, confidential, but shall be retained as an institutional record.

13. The decision of the Dean is final and, therefore, not subject to further appeal.