When an investigation is needed, an Investigator will be appointed to conduct the process. This person will review all relevant documents, conduct interviews with individuals who have, or are reasonably likely to have, information that is relevant and necessary to the determination of the facts at issue, and provide an opportunity for the Program Director(s) and trainee to understand and respond to the issues to be determined.
The Investigator will make findings of fact, on the balance of probabilities standard, and will provide a copy of their final report to an Academic Review Board (ARB). The ARB will meet in camera to review the Investigator’s report and will determine whether the facts as found by the Investigator support a finding of misconduct. The ARB’s conclusion(s) and reasons shall be reduced to writing.
The ARB shall provide the Program Director and the Resident ('the Parties') with the Investigator’s Report, the ARB’s conclusion(s) and reasons, and shall provide the Parties with a reasonable opportunity to present their views regarding next steps to the ARB. Where the ARB directs the Parties to provide their views in writing, the Parties are required to copy one another on any written submission they may choose to make.
The ARB shall have discretion to redact those portions of the Investigator’s report that contain personal information that is not reasonably required in order to determine whether the Investigator’s conclusions are based on relevant information and supported by the reasons given.
The Resident may have an advisory and/or support person (e.g., PARO representative, or legal counsel) present, but the Resident is expected to directly address any questions of the ARB.
After receiving the input of the Parties, or after the time for the Parties’ response has lapsed, the ARB will decide whether to reinstate the Resident (immediately or after a period of time, with or without conditions), or require the Resident to withdraw. The ARB’s decision, including its reasons, shall be provided in writing to the Parties, with a copy to the Associate Dean, PGME.
Note: The above information has been taken from the PGME Assessment, Promotion, and Appeals (APA) Policy. Please refer to that policy for the most up-to-date information.