GME Policy and Procedure
VII. Resident Agreements
Form
Request for Issuance of Agreement
Resident Agreement Execution
Notification to Resident of Intent to Not Issue a Subsequent Resident Agreement
Withdrawal of Resident Agreement Offer
Advancement
Resident Resignation
Declining to Sign the Resident Agreement
No Restrictive Covenant
  
7.1 Form
A. The form of the resident contract will be developed by the GMEC to comply with all applicable ACGME and University policy, and will be cleared by University Counsel prior to printing.
B. The resident contract will be referred to as the "Resident Agreement."

  
7.2 Request for Issuance of Agreement
A. The Graduate Medical Education Office will prepare resident agreements to be issued to residents upon receipt of the following:
1. A written request by the Program Director that an agreement be issued.  The request will include start and end dates, and will be for no more than 12 months duration, except where a resident has explicitly agreed to start prior to the normal starting date but will advance to the next level at a date consistent with his/her cohort.
2. Confirmation from the Director of Graduate Medical Education that a funding commitment exists for the position the proposed applicant will fill.
3. In the case of a transferring resident, documentation of primary source written or electronic verification of previous educational experiences and a summative competency-based performance evaluation of the transferring resident.
4. A completed file with original application and supporting documents.

  
7.3 Resident Agreement Execution
A. The Office of Graduate Medical Education will issue all Resident Agreements.
B. The Resident Agreement with attachments is the written contract between the University of Illinois and the resident.  The following parties must sign the agreement for it to be valid:
1. The Program Director
2. The Resident candidate
3. The Comptroller and Secretary of the Board of Trustees of the University of Illinois
C. The Resident Agreement shall become valid and binding upon both parties (the Resident and the University) only when all signatures have been placed on said Agreement and an original of that Agreement has been received by both parties.  The Office of Graduate Medical Education will keep one original executed copy of the agreement.   Another original will be given to the resident.

  
7.4 Notification to Resident of Intent to Not Issue a Subsequent Resident Agreement
A. The Program Director will notify any resident at the earliest reasonable date of the program's intent to not issue an agreement for the following training year. This notification must occur no later than four months prior to the end of the resident's current agreement, unless the primary reason for nonrenewal occurs within the four months prior to the end of the agreement.
B. All such notification will be in writing, and copied to the Office of GME.
C. A non-renewal/non-reappointment shall not be considered a termination, but the Resident shall be entitled to the process set forth in Exhibit B of the Resident Agreement to appeal that decision.

  
7.5 Withdrawal of Resident Agreement Offer
A. The Program Director may withdraw an offer for a new Resident Agreement or a renewal Agreement at any time prior to the commencement date of that Agreement if, in the Program Director's judgment, the Resident has failed to meet the program's standards or requirements or if the Program Director finds that the Resident has misrepresented him/herself in any way during the application/interview process (including without limit, providing false or misleading information or failing to provide relevant information).  If the Program Director withdraws an offer for a Resident Agreement before said Agreement has been signed by all parties as described in Policy #7.3 above, the Resident shall have no rights to appeal that decision unless that Agreement is a renewal/reappointment for a current Resident, in which case, the Resident shall be entitled to due process as set forth in Exhibit B of the Resident Agreement (as set forth in Section 7.4.C above).

  
7.6 Advancement
A. Advancement to the following PG-level is not automatic, but must be recommended by the Program Director.  The Program Director may withdraw an offer based on a resident's performance at any time prior to the new agreement date.  If a Resident is on probation at the time the offer for reappointment is made, the Resident must fulfill all the requirements of his/her probation before the commencement date of the new Agreement as a precondition to the renewal.  In the event the Resident fails to meet that precondition, the offer for reappointment shall become null and void and no new contract shall issue.  The Resident shall not have the right to appeal said nullification.

  
7.7 Resident Resignation
A. Any resident wishing to resign must submit a written request for release from the remaining term of their agreement to their Program Director.  The Program Director has the right to delay or specify the actual termination date to ensure coverage of services.
B. The Resident Agreement will terminate on the date agreed to by the Program Director. The paycheck will be issued at the next regular payday, provided the resident has completed the clearance process.

  
7.8 Declining to Sign the Resident Agreement
A resident may choose to decline to renew an offered agreement for the following year by not signing and returning the Agreement.  The resident will remain in good standing during the remainder of the current agreement without prejudice and will perform the usual Resident functions until the end of the term of the agreement.
  
7.9 No Restrictive Covenant
No resident in an ACGME-accredited program may be required to sign a noncompetition guarantee.


Policy and Procedure     VII. Resident Agreements
Approved: July 14, 1992
Joint Committee on Graduate Medical Education
Revised: February 28, 1997 GMEC
May 14, 1999 GMEC
April 6, 2004 GMEC
February 3, 2006
December 7, 2007