College of Dentistry
Exhibit B
Procedures to Appeal Termination, Suspension, Nonrenewal of Dental Residents and Probation
Effective date:      April 20, 2007
This Procedure to Appeal a termination, suspension, nonrenewal of a Resident and probation shall be the only means available to all Residents of The University of Illinois at Chicago College of Dentistry to challenge said actions during the course of his/her dental education and clinical training program.  The term “Resident” shall include any “intern” or “fellow”.
a. Applicability:    The procedures provided under this Exhibit do not apply to the following:
1. Departmental determinations relating to certification and/or evaluation of the Resident's academic performance or clinical competence--Such certification shall be handled according to the standards of the various specialty boards.
2. The nullification of the Resident Agreement as a result of the Resident's failure to meet any or all of the pre-conditions set forth in Section IV of the Resident Agreement--Said nullification is not subject to appeal.
3. Decisions to terminate a resident as a result of his/her name appearing on a federal, state or other mandated governmental exclusions/sanctions listing--Instead, the procedures set forth in GME policy number 38 shall apply.
b. Notice of Corrective Action:  The Department Head shall provide to the Resident written notification of the termination/suspension/nonrenewal/probation within ten (10) days of imposition of that action.  The notice shall include an explanation of the reason(s) for such action and shall advise the Resident of his/her right to request an informal hearing pursuant to this Exhibit.
c. Request for Hearing:  Within fourteen (14) days of issuance of written notification of the action, a Resident may request a hearing before a Committee, as more fully described below.  The Resident's request must be in writing and submitted to the Department Head.
d. Hearing Committee:  The Hearing Committee shall consist of at least three (3) faculty members from the Resident's department.  The Department Head shall not be a member of the Committee.  The Committee shall elect a member from the group to preside as Chair at the hearing.  Each department may have a standing committee to conduct hearings requested under this Exhibit.  If there is no standing committee, an ad hoc committee shall be appointed by the Associate Dean for Academic Affairs for each hearing requested.
e. Conduct of Hearing:
1. The Committee shall convene the hearing within fourteen (14) days of receipt of the Resident's written request and shall notify the Resident in writing of the date, time, and place for the hearing as soon as reasonably possible, but no fewer than 72 hours in advance of the hearing.
2. The Resident and the Department Head or his/her designee shall be present at the hearing and shall each present such information, witnesses or materials (oral or written) as he/she wishes to support his/her position.  No other representatives shall be present during the hearing, with the exception of attorneys who represent the parties or the Hearing Committee.  Attorneys will be allowed to attend only in an advisory role to his/her client and shall not be allowed to address the Hearing Committee, the other party or each other directly.
3. Each party shall be permitted to review all materials submitted to the Committee during the hearing.
4. The Hearing Committee shall have the sole right to determine what information, materials and/or witnesses are relevant to the proceedings and shall consider only that which they deem to be relevant.
f. Hearing Committee Decision:
1. A majority vote of the Committee shall decide the issue(s) before it and the Department shall be bound by the decision.
2. Regardless of the outcome of the hearing, the Committee will provide the Resident and Department Head with a written statement of its decision and the reason(s) for such decision within ten (10) calendar days from the date of the conclusion of the hearing.  If written materials are submitted to the Committee, such materials shall be appended to the Committee's report.
g. Appeal of Hearing Committee Decision:  A Resident may appeal the Committee's decision to the Associate Dean of Academic Affairs within ten (10) days of issuance of the Committee's decision.  The Associate Dean shall review the Committee's decision and any documentation submitted to the Committee, and may conduct his/her own investigation of the matter.  He/she may, but need not appoint another Committee, to review and discuss the matter.  He/she shall render his/her decision in writing within a reasonable time, but not later than thirty (30) days after receipt of the request for appeal.  
h. Final Appeal:  The Resident may appeal the Associate Dean's decision to the Dean of the College of Dentistry within ten (10) days from the date of issuance of the decision.  An appeal to the Dean is permitted only on procedural grounds and a review of the record by the Dean for said appeal shall be limited only to procedural matters.  The Dean shall render his/her decision within ten (10) days after receipt of the request for appeal and such decision shall be final and unappealable.
i. UIC Academic Grievance Procedures:  The UIC Academic Grievance Procedures may not be used to appeal any corrective action, nor to appeal any decision made in accordance with the procedures outlined above.
j. General Provisions:
1. All appeals or requests filed in the course of these procedures must be in writing, must enumerate any previously made findings of fact which are challenged and must state whether and, if so, how the Resident wishes to have modified the previous decision(s).
2. All decisions must be in writing, shall list relevant findings of fact, shall outline the reasons for the conclusions reached, and shall state the decision clearly.
3. All notices and decisions which are to be sent to the Resident shall be sent by messenger, certified mail (return receipt requested) or by some other means wherein the date of delivery/acceptance/refusal can be determined.
4. All references in these Procedures to time periods are to calendar days, not working or business days.