Resident Handbook - UC Davis Health System

entitled to a review hearing and appellate review if requested by him in the mannerprescribed.The Residency Director may also determine that privileges should be suspended pendingthe review hearing and appeal process. In this event, the resident shall be entitled to apreliminary review of that decision as soon as it can be arranged before the MedicalDirector and the Chief of Staff of Mercy Medical Center. The decision of the MedicalDirector and the Chief of Staff as to whether or not suspension should remain in effectpending the review hearing and the appeal process shall be final and conclusive upon theresident.Other Disciplinary Actions:Disciplinary action other than or in addition to, temporary suspension or letters describedin Section 4, may be recommended at any time by the Residency Director. The ResidencyDirector shall notify the resident, in writing, of the proposed action which has beenrecommended, the reasons for the recommendation, and a summary of the resident'srights under the provisions of this due process procedure. Upon notification of therecommendation for disciplinary action by the Residency Director, the resident, within aperiod of ten (10) days, may request a review hearing by written request delivered to theResidency Director. In the event that the resident fails to request a review hearing, therecommendation of the Residency Director shall be submitted to the Family PracticeResidency Committee for action, whose decision and judgment on the matter shall befinal and conclusive.Review Hearings:Upon request by the resident for a review hearing, a Review Panel shall be convenedwithin twenty (20) days. The resident shall be notified of the hearing date not less than(10) days prior to the review hearing. The notice of hearing shall include a list of thewitnesses to be called in support of the recommendation of the Residency Director. TheReview Panel will consist of five individuals, all of whom shall be faculty members ofthe residency program. The Medical Director of Mercy Medical Center shall select fourmembers of the panel and the affected resident shall select one. At the hearing, theResidency Director on the one hand, and the affected resident on the other, will each havethe right to call witnesses and present relevant verbal and written evidence of the sort thatresponsible persons are accustomed to rely on in the conduct of serious affairs. Evidenceneed not conform to common law or statutory rules, which might make it inadmissible ina court of law. The resident will be afforded the opportunity to present a personalstatement in his or her own defense. The statement may be presented orally or in writing.The review hearing will be closed and the proceedings shall be recorded by a courtreporter or by other means approved by the panel. Legal counsel may be consulted toassist in preparation for the hearing, but may not directly participate in its proceedings.The Review Panel shall render a recommendation, in writing, to the Family PracticeResidency Committee within ten (10) days of the hearing. The recommendation shallPage 90 of 153C:\Documents and Settings\dhutak\Desktop\rshb13.doc