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Section 7.8 Grievance and Due Process Guidelines

Policy No. 7.8.01 Due Process:

The basic meaning of due process is to inform and provide a framework to respond, act, or dispute a grievance. Due process ensures that the decisions about clinicians-in-training are not arbitrarily or personally based. It requires the Training Program to identify specific evaluative and appeal procedures applied to all clinicians-in-training. All steps need to be appropriately documented and implemented.   

Procedures:

  • Clinicians-in-training will be presented with the program expectations related to professional functioning during orientation. These expectations will be discussed in both group and individual settings.
  • Procedures for evaluation, including when and how evaluations will be conducted, will be clearly communicated during orientation and in the training materials.  At the beginning of their training year, clinicians-in-training will be provided with this training policy and procedures manual for how they may appeal the program’s actions.
  • The training program will articulate the procedures and actions involved in making decisions regarding problematic behaviors or concerns.
  • In compliance with Training Policy 7.5.07, CPS communicates with Academic Departments twice a year regarding evaluation and at other times to coordinate training.  In the case of problematic behaviors or concerns with clinicians-in-training, CPS will seek input from academic programs about how to address such difficulties, in a timely manner, in addition to regularly scheduled communication.
  • CPS will institute, when appropriate, a remediation plan for identified concerns, including the time frame for expected remediation and consequences of not rectifying the concerns.
  • Clinicians-in-training will be allotted sufficient time to respond to any action taken by CPS.
  • Decisions and recommendations regarding the professional performance of clinicians-in-training will be made using input from multiple sources (i.e., supervisors, training staff, front desk staff, etc.), as appropriate.
  • Written documentation of the actions taken by CPS and the rationale for these actions will be provided to all relevant parties. 

Policy No. 7.8.02 Grievances:

If a training issue cannot be resolved between the Training Director, the Assistant Director for Training, and the clinician-in-training, the clinician-in-training may choose to file a grievance.  A grievance is a dispute concerning terms and conditions of training arising from any administrative decision which the clinician-in-training claims is in violation of their rights under established University and/or CPS personnel regulations, standards, policiesprocedures, or practices.  

Procedures:

  • In the event a clinician-in-training encounters any difficulties or problems (e.g. poor supervision, unavailability of supervisor, evaluations perceived as unfair, workload issues, personality clashes, and other staff conflict) during their training experiences, a clinician-in-training can:
    • Discuss the issue with the staff members involved
    • If the issue cannot be resolved informally, the clinician-in-training should discuss the concern with the TD, ADT, or other member of the senior staff
    • If the TD, ADT, or member of the senior staff cannot resolve the issue, the clinician-in-training can formally challenge any action or decision taken by the TD, ADT, the supervisor, or any member of the training staff by following this procedure:
      • The clinician-in-training should file a formal complaint, in writing with all supporting documents, with the TD, or with the Director if the complaint concerns the TD. 
      • If the clinician-in-training is challenging a formal evaluation, the clinician-in-training must do so within five workdays of receipt of the evaluation.
      • Within three workdays of a formal complaint, the TD must consult with the Director and implement Review Panel procedures as described in Policy 7.8.03
  • If a staff member has a specific concern about a clinician-in-training, the staff member should: 
    • Discuss the issue with the clinician(s)-in-training involved
    • Consult with the TD and ADT
    • If the issue is not resolved informally, the staff member may seek resolution of the concern by written request, with all supporting documents, to the TD for a review of the situation.
      • When this occurs, TD will consult with the Director and implement Review Panel Procedures described in 7.8.03, within three workdays of the formal complaint.  

Policy No. 7.8.03 Review Panel and Process:

When needed, the Director will convene a Review Panel.  The panel will consist of three staff members selected by the Director with recommendations from TD and the clinician-in-training involved in the dispute. The clinician-in-training has the right to hear all facts with the opportunity to dispute or explain the behavior of concern.  

Procedures:

  • Within five workdays, a hearing will be conducted in which the challenge is heard, and relevant material presented. 
  • Within three workdays of the completion of the review, the Review Panel submits a written report to the Director, including any recommendations for further action.
  • Recommendations made by the Review Panel will be made by a majority vote.
  • Within three workdays of receipt of the recommendation, the Director will either accept or reject the Review Panel’s recommendations. 
    • If the Director rejects the panel’s recommendations, due to an incomplete or inadequate evaluation of the dispute, the Director may refer the matter back to the Review Panel for further deliberation and revised recommendations or may make a final decision.
    • If referred back to the panel, the Review Panel will report back to the Director within five workdays of the receipt of the Director’s request for further deliberation. The Director then makes a final decision regarding what action is to be taken.
  • The TD informs the clinician-in-training, staff members involved, the clinician-in-training's academic department, and members of the training staff of the decision and any actions resulting from the decision.
  • If the clinician-in-training disputes the Director’s final decision, the clinician-in-training has the right to contact OHIO Human Resources or the Ombudsperson to discuss the situation.