Academic Due Process and Administrative Leave
- Dismissal Procedures
The procedures contained in this Part III.B apply only to those actions reviewable by the Dean listed in Part III of these Policy and Procedures. Failure to timely grieve will be deemed an acceptance by the Resident of the academic action.
The ad hoc committee will handle all procedural matters during the pendency of the hearing. At all other times, before and after, including up to the Dean's final decision, the Associate Dean of Graduate Medical Education ("Associate Dean") will make all such decisions.
- Level One - Informal Review
When the Program Director, with approval of the Chair, determines that grounds exist to dismiss a Resident from the training program, the Program Director will provide the Resident with a written notice of the intent to dismiss. This notice will include a statement of the reason(s) for the intended dismissal, a copy of the materials upon which the intended dismissal is based, and a statement that the Resident has a right to respond in writing to the Chair within ten (10) calendar days of receipt of the notice. If the Resident submits a written response within the ten-day period, the Chair will review it and decide whether dismissal is appropriate. Within ten (10) calendar days thereafter, the Chair or Program Director will notify the Resident of the Chair's decision by letter that shall also be copied to the Associate Dean. If the decision is to uphold the proposed dismissal, the letter should include the reasons for upholding the proposed dismissal, provide the effective date of the dismissal, and include a copy of these Policy and Procedures. Attempts at informal resolution do not extend the time limits for filing a formal grievance unless the Resident and the Program Director so agree, or upon the approval of the Associate Dean. The Resident will continue to receive regular stipends and benefits until the effective date of the dismissal.
- Level Two - Formal Review
If the Resident wishes to appeal the decision to dismiss, the Resident ("Complainant") must file a written complaint with the Associate Dean no later than thirty (30) calendar days after the Chair's decision is received by the Resident. The written complaint should concisely explain why the Complainant believes the Chair's decision was arbitrary and capricious and should address the specific reasons for the dismissal set forth in the Program Director's notice of intent to dismiss.
The Complainant may be assisted or represented by another person at his or her own expense. UCLA may also be represented. If the Complainant or UCLA is represented by an attorney, he/she shall notify the other party 15 calendar days prior to the prehearing conference or 30 calendar days prior to the hearing. The Complainant must appear in person at the hearing, even when represented. The failure of the Resident to appear in person at the hearing will be deemed a voluntary dismissal of his/her complaint.
Within ten (10) calendar days of receipt of the complaint, or as soon thereafter as is practicable, the Associate Dean will appoint an Ad Hoc Formal Review Committee to hear the complaint. The Committee will consist of either three or five members, at least one of which shall be a member of the full-time faculty, one senior trainee (PGYIII or higher), and one member of the Graduate Medical Education Committee. The Associate Dean will designate one of the Committee members to be the Committee Chair. In most cases, one of the Committee members should be from the same department as the Complainant; however, individuals who were substantially involved in any earlier review of the issues raised in the complaint, or who were substantially involved in any incident underlying the complaint generally should not sit as a member of the Committee. The Committee may, at its discretion, request that an attorney from the Office of the General Counsel be appointed to provide independent legal counsel to the Committee. This attorney shall not vote in the Committee's deliberation process. Until the appointment of a Committee Chair, the Associate Dean will resolve all issues related to these procedures.
The Hearing will ordinarily be held within forty-five (45) calendar days of receipt of the complaint by the Associate Dean. Unless otherwise agreed by the Parties and the Chair, the Complainant and his/her advocate, if any, will meet at least fifteen (15) calendar days prior to the Hearing at a prehearing conference with the Committee Chair and the University representative and University advocate (if any) to agree upon the specific issues to be decided by the Committee. If the parties are unable to reach an agreement on the issues to be decided, the Committee Chair will determine the issues to be reviewed. Issues that were not raised in the complaint may not be raised in the Hearing absent a showing of good cause. At this conference, the parties may raise other procedural and substantive issues for decision by the Chair.
At least seven (7) calendar days prior to the Hearing or at another date agreed to by the Parties and the Chair, all documents to be introduced as evidence at the hearing and names of all witnesses shall be exchanged. With the exception of rebuttal witnesses and documents used in rebuttal, any witnesses not named and documents not exchanged seven calendar days before the hearing may, at the Committee Chair's discretion, be excluded from the Hearing.
The Hearing will provide an opportunity for each party to present evidence and cross examine witnesses. The Committee Chair has broad discretion regarding the admissibility and weight of evidence and is not bound by federal or state rules of evidence. If requested by a party, the Committee will take judicial notice of (i.e., recognize as a fact the existence of) any University policies. The Committee Chair will rule on all questions of procedure and evidence. The hearing will be recorded on audio tape by the University unless both parties agree to share the cost of a court reporter, or one party elects to pay the entire cost for the reporter in order to have a transcript for its own use. The Complainant may listen to the audio tape and may purchase a copy of the audio tape. The Dean of the School of Medicine, or designee, will be the custodian of the audio tape and any stenographic record, and will retain the recording for five years from the time the Dean's decision becomes final.
Unless both the Complainant and the University agree to an open hearing, the hearing will be closed. All materials, reports and other evidence introduced and recorded during the course of a closed proceeding may not be disclosed until the final resolution of the complaint under these procedures except as may be required by applicable law. At the request of either party or the Committee Chair, only the witness testifying may be present; other potential witnesses will be excluded temporarily. However, the Complainant, his/her advocate and the University's representative and its advocate will at all times have the right to attend the hearing.
The Complainant has the burden to prove by a preponderance of the evidence that the dismissal was arbitrary and capricious. The University will initially come forward with evidence in support of the Program Director's decision. Thereafter, the Complainant will present his/her evidence. The parties shall have the opportunity to present rebuttal evidence. The Committee Chair has the right to limit rebuttal evidence in accordance with his/her authority.
At the discretion of the Committee, briefs may be submitted. The Committee Chair will determine the appropriate briefing schedule (if any). If briefs are not requested, each party shall have the opportunity to present a closing statement. Following the close of the Hearing, including receipt of any briefs, the Committee will present its written recommendation(s) to the Complainant, the Chair, Program Director, Associate Dean and the Dean of the Medical School. This recommendation(s) should occur, absent unusual circumstances, within fifteen (15) calendar days of the Hearing's conclusion, or if briefs are submitted, within fifteen (15) calendar days of the date the briefs are submitted.
The Committee will evaluate the evidence presented. The decision of the Program Director, as approved by the Chair, will be upheld if the Committee finds that the University has met its burden and established by a preponderance of the evidence that the Chair's decision was not arbitrary and capricious
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