POLICY AND PROCEDURE:  Termination

• The Graduate Trainee's Departmental Chairperson shall make the determination regarding  Termination.
• The Departmental Chair shall send written notice to the Graduate Trainee, including the grounds for the termination and notice of the right to request a hearing.
• The Graduate Trainee may request a hearing where he/she and a representative of his/her choice.
• Shall be given the opportunity to refute the grounds for termination, provided he/she makes the request to the Departmental Chair, in writing, within ten (10) days of receipt of the Departmental Chair's notice of termination.  The Graduate Trainee's failure to make the request within such time frame will be considered a waiver of the right to a hearing.
• If a hearing is requested, the Departmental Chair or his/her designee shall schedule the hearing as soon as possible.  Such hearing shall take place before a committee consisting of the Hospital's medical director, who will function as the chair of the hearing committee, and two other attending physicians designated by the medical director or his/her designee, from outside of the Graduate Trainee's department, at least one of whom shall be a New York Medical College faculty member from the same specialty as that of the Graduate Trainee but who is not a staff member at the Hospital.  The Graduate Trainee's Department Chair and/or Program Director, shall participate in the hearing on an ex-officio basis, without vote.  At the request of the Graduate Trainee, a representative of the Committee of Interns and Residents (CIR) shall also participate in the hearing without vote.
• An accurate record of the hearing shall be kept.  The mechanism for recording shall be decided by the hearing committee and may be accomplished by use of a court reporter, electronic recording unit or detailed transcription.  Legal rules of evidence and procedure shall not apply at the hearing.
• Within ten (10) days after the close of the hearing, the hearing committee shall issue a written decision upholding, modifying or rescinding the termination.  In the event of modification, the hearing committee shall specify the terms of the Graduate Trainee's continuation in the program.
• The decision of a majority of the hearing committee shall be binding on the parties regarding the issue of termination.