Resident Handbook - UC Davis Health System

Appeal:include the reasons supporting the decision. A copy of the recommendation shall bedelivered to the affected resident and to the Residency Director.Following receipt of the Review Panel's decision, the resident may appeal that decision,in writing, to the Family Practice Residency Committee. To exercise that right he shallgive written notice of his intent to appeal to the Residency Director within ten (10) daysfollowing delivery of the decision to him. Failure to give notice in the manner and withinthe time provided shall constitute a waiver of the right to appeal. Notice of the time andplace of the appearance before the Family Practice Residency Committee, which shall bescheduled not less than twenty (20) days following the request for the appeal, shall begiven to the resident not less than (10) days before the time scheduled. The proceedingson appeal shall be in- the nature of an appellate review, based upon the record of thehearing before the Review Panel. However, the Family Practice Residency Committee, inits sole judgment and discretion, may accept additional oral or written evidence subject tothe same rights of cross-examination or confrontation provided at the Review PanelHearing. The resident and the Residency Director shall each have the right to present oraland written statements and authorities at any time prior to submission of the matter, insupport of his or her position on appeal. The Family Practice Residency Committee mayaffirm, modify, or reverse the recommended action of the Review Panel or may, in itssole judgment and discretion, refer the matter for further review and consideration. Thedecision of the Family Practice Residency Committee shall be final and conclusive.Medical Staff Proceedings:Nothing in this due process procedure shall be construed to prohibit the Medical Staff ofMercy Medical Center from taking disciplinary action against a resident in accordancewith the provisions of the Medical Staff Bylaws. Suspension of the privileges of aresident or termination of his membership on the Medical Staff by reason of proceedingstaken by the Medical Staff in accordance with the Medical Staff Bylaws of MercyMedical Center, shall result in like suspension or termination from the residency programwithout any right to appeal, or without any right to review or appeal under this dueprocess procedure.Error in Procedure:The Family Practice Residency Committee, in its sole judgment and discretion, shalldetermine whether or not any failure to follow the procedure outlined in this documenthas deprived a resident of due process, and should constitute grounds for a new reviewhearing and appeal or for other remedial action. Its determination with regard to thatmatter should be final and conclusive.EVALUATIONS:Page 91 of 153C:\Documents and Settings\dhutak\Desktop\rshb13.doc