Grievance Policy and Procedure

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  • NEWYORK-PRESBYTERIAN HOSPITAL
    GRADUATE MEDICAL EDUCATION
    POLICIES AND PROCEDURES
    TITLE: GRIEVANCE POLICY AND PROCEDURE

PURPOSE:

To promote understanding and the possible resolution of matters that are encountered by members of the graduate staff in the day-to- day performance of duties to assure fair and equitable treatment.

POLICY:

A grievance policy and procedure will be maintained by the Graduate Medical Education Office for all grievances except restrictive corrective action, suspension and termination for cause which are subject to Articles XII and XIII of the Medical Staff Bylaws.

DEFINITIONS:

  1. Graduate medical staff member is a member of the graduate staff of NYPH in accordance with Article VIII of the Medical Staff Bylaws and includes residents and clinical fellows.
  2. Grievance is an expression of dissatisfaction regarding any of the following: a. The resident's written contract;
    • Duties assigned to a resident;
    • Performance reviews or evaluations;
    • An issue regarding non-renewal of a resident's appointment;
    • Discrimination of any type;
    • Application of policies.
  3. Grievance Panel is a standing panel selected annually by the GME Committee and consists of three (3) residents, three (3) Program Directors, and two (2) members of the administrative staff of the Hospital.
  4. Ad Hoc Grievance Committee is a subcommittee of the Grievance Panel selected by the Director of GME, in consultation with the resident who is submitting a grievance for review. The Ad Hoc Grievance Committee will consist of three (3) members of the Grievance Panel (exclusive of the Chair) and will include one (1) resident (except a resident in the same specialty as the resident bringing forth the grievance), one (1) program director (except the program director in the same program as the resident) and (1) administrator plus a Committee Chair who shall be the Chair of the resident's Campus-specific GME Subcommittee.

PROCEDURE:

1. General Conflict Resolution

Every effort should be made to resolve all questions, problems and misunderstandings as soon as they arise. Accordingly, Residents are encouraged to initiate discussions with their Program Director and/or Chief of Service at the time the dissatisfaction or questions arise. In addition, the Director of GME may be asked to facilitate this discussion.

2. Grievance Procedure

  1. If the resident is unable to resolve his/her problem, he/she may initiate the grievance procedure by submitting a written statement to the Director of GME. The written statement should set forth the basis for the grievance and the outcome or remedy sought and be submitted for consideration within twenty (20) working days of the time the resident first had knowledge of the incident that gave rise to the grievance.
  2. The Director of GME shall select the Ad Hoc Grievance Committee (hereinafter the Committee) with the consultation of the resident. The Director of GME will facilitate a meeting between the resident, other involved parties, and the Ad Hoc Grievance Committee within thirty (30) working days after receiving the grievance in writing.
  3. After the Committee and the resident (and other involved parties, as applicable) meet, the Committee may investigate further including interviewing additional individuals as necessary.
  4. The Committee will issue a decision within twenty (20) working days of the meeting. A copy of the decision shall be given to the resident, the Program Director, Clinical Service Chief and to the Director of GME for inclusion in the resident’s file.
  5. In grievances involving questions relating to allegations of discrimination because of sex, age, creed, race, national origin or disability, the Vice President for Medical Affairs and legal counsel for the Hospital shall be contacted by the Director of GME and shall participate in a fact-finding and advisory capacity.
  6. At no step in the grievance procedure will any outside counsel be permitted to represent the resident. However, the resident may have another resident present to witness the grievance meeting if the resident requests this in writing to the Director of GME prior to the meeting.
  7. All parties involved shall treat all information in connection with the grievance, whether obtained in writing or by interview in a confidential manner. Only the final outcome and disposition will be maintained in the resident's file. The GME Office will maintain a complete record.

3. Appeal of Ad Hoc Grievance Committee Decision

Upon receipt of the Committee's decision, the resident has ten (10) working days to appeal the decision. The resident must submit a written request to the Chief Operating Officer of the applicable NewYork-Presbyterian campus. The Chief Operating Officer will review the request, the written decision and any documentation provided to or by the Committee and issue a decision within ten (10) business days of the written request for the appeal. The written decision of the Chief Operating Officer will be provided to the resident, program director, clinical service chief and Director of GME and is a final decision.

Approved by GMEC: September 2010
Approved by The Medical Board: September 2010