Residents/GME Trainees
Representation of residents/GME trainees at University of California medical schools appealing adverse academic actions
Each of the University of California divisions with medical school - UC Davis, UC Irvine, UCLA, UC San Diego, UC San Francisco – guarantees residents/GME trainees due process in a document titled “Graduate Medical Education Academic Due Process & Administrative Leave Policies and Procedures.” [ For an example, see here starting at p. 15. ]
Under these polices, GME trainees have the right to appeal many, but not all, adverse academic actions. Appealable academic actions include academic probation, suspension, an adverse annual evaluation, a requirement that trainee repeat an academic year, and denial of university certificate of completion. Some UC medical schools also allow a resident to seek a correction or deletion of entries in his/her employee record.
All of the University of California medical schools allow GME trainees to be represented by attorneys at all stages of the appeal process. The process involved in appealing an adverse academic action is complicated, involving several stages and numerous deadlines that must be met on penalty of forfeiting your right to appeal. Considering the consequences of failing to have an adverse academic action overturned on appeal, and the complexities of life/work most residents face, you would be ill-advised to attempt to represent yourself on appeal.
I represented a resident facing dismissal from a GME training program. I was able to negotiate a settlement acceptable to my client the week before the appeal hearing was to begin. Had the case not settled, I was prepared to present witnesses and introduce documentary evidence intended to convince the Ad Hoc Formal Review Committee hearing the appeal to reverse the decision of the Program Director to dismiss my client from the training program.
Representation of residents/GME trainees at private California medical schools appealing adverse academic actions
Medical schools at private California universities (Loma Linda University, University of Southern California, Stanford University) have procedures that allow their residents/GME trainees to appeal adverse academic actions. [ See, for example, here starting at p. 36 for The Keck School of Medicine of the University of Southern California. ]
Contact Me
If you receive a Letter of Probation, a Letter of Dismissal, or Letter of Suspension, a notice of adverse annual evaluation, a notice that you must repeat an academic year, or a notice that you are being denied a university certificate of completion, or if you want to appeal adverse entries in your personal/employee record, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
Often the first response you make colors everything that follows, so you are well advised to take steps to ensure that the first response to an adverse academic action is as strong as it can possibly be.
To schedule a free initial consultation, call me at (805) 845-8223, or email me at mjdeniro7cox.net (please replace the "7" with the "at symbol"), or Click to send me an e-mail.
During the initial consultation, I will gather the relevant facts from you to determine if I can offer legal services that might help you, and then, if you want me to, I will send you a fee agreement showing how much those services would cost you.
I will not offer affirmative advice - do this, don't do that - during the initial consultation. I only do that once you become my client. I don't review documents prior to the initial consultation, I only do that once you become my client. And finally, if your matter does not involve the application of California law or of Federal law to a matter that arose in California, I will inform you during the initial consultation that I cannot provide any advice because by doing so I would be engaging in the unauthorized practice of law, which is forbidden by the Rules of Professional Conduct of the California State Bar.
