The procedures delineated in this policy shall apply to the harassment of students, residents, fellows, and faculty in the UASOM. The UASOM expressly prohibits inappropriate conduct including but not limited to the following, which may be indicative of harassing behavior:

All allegations of student and resident abuse shall be investigated by the appropriate University officials. Since medical students, graduate students, and resident physicians are governed by different University organizations, the procedure for handling allegations of abusive behavior will be determined by the status of the parties. Allegations of medical student abuse must be reported to the Associate Dean for Undergraduate Medical Education. Allegations of graduate student abuse must be reported to the Dean of the Graduate School. Allegations of resident physician abuse must be reported to the Associate Dean for Graduate Medical Education. The following procedure applies only to allegations of medical student abuse.*

Preliminary Review

Upon notification of an allegation of medical student abuse, the Associate Dean for Undergraduate Medical Education will be responsible for the initial review of the charge and for obtaining any supporting facts. If the initial review indicates that the allegation of harassment is lacking merit, the charge will be dismissed. If the facts indicate the charge warrants further review, the accused will receive written notification from the Associate Dean, which shall include the specific charge, the School of Medicine policy and procedure regarding medical student abuse, and notice of the accused’s right to a hearing. A confidential copy of the notification will go to the accused’s department chair (for accused faculty and resident physicians) and training program director (for accused resident physicians).

The Associate Dean will refer the charge and supporting facts to a faculty committee to consider the charge, and to make appropriate recommendations to the Associate Dean. If the accused declines a hearing before the committee, he/she may submit a written rebuttal of the charge for the committee’s review. The committee may receive evidence by written documents and/or by oral testimony.

Within two weeks of a determination that a charge of harassment warrants further review, the Associate Dean will convene a committee of five School of Medicine tenured faculty members. The faculty committee will select a chair from among the five members. The chairperson will be responsible for conducting the meeting and providing a written statement to the Associate Dean of the committee’s findings of fact and recommendation(s). Disciplinary action, if appropriate, will be determined by the Associate Dean and must be consistent with the applicable policies of the University of Alabama at Birmingham.

Committee proceedings and all other related processes will be conducted with strict attention to confidentiality. During the committee proceedings or hearing, the faculty committee will receive written documentation and/or oral testimony. The accused will be allowed to attend the hearing and will be provided an opportunity to rebut the charge(s). The accused will be allowed to bring a non-participating advisor to the hearing. In the event the accused is unable to participate directly in the proceedings, the accused’s advisor may be allowed to participate directly on behalf of the accused.

Within five working days of the conclusion of the committee proceedings, the chair will send a written report of the committee’s findings of fact and recommendation(s) to the Associate Dean. The Associate Dean will be responsible for providing written notification to the accused of his/her decision within five working days of receipt of the committee report. The Associate Dean’s decision shall generally reflect the findings and recommendation(s) of the committee unless significant evidence exists in support of a different outcome. The Associate Dean may determine appropriate disciplinary action consistent with University of Alabama at Birmingham policy.

An adverse decision may be appealed consistent with the established policies of the University of Alabama at Birmingham. If the party charged is a faculty member, the appeal must conform to the appeal process established in the University of Alabama at Birmingham Faculty Handbook.

If the party charged is a resident physician or medical student, the Associate Dean for Undergraduate Medical Education and the Dean of the School of Medicine must receive a written notice of intent to appeal an adverse decision. This written notice must be received within five working days of the notification of an adverse action. Failure to give timely written notice of intent to appeal will cause the decision of the Associate Dean to become final and no longer subject to appeal. If the party charged (physician or student) submits a written notice of intent to appeal, any disciplinary action will be stayed pending the outcome of the appeal. An appeal review will be conducted as soon as practicable following receipt of the written notice of intent to appeal. The Dean of the School of Medicine or the Dean’s delegate(s) will review the preceding process, as well as any new facts the accused student or resident physician wishes to offer for consideration, and may schedule a meeting as deemed necessary. The Dean or the Dean’s designee will notify the individual of the appeal outcome in writing, within five working days of his/her decision. The School of Medicine offers no further appeal.

The foregoing processes are not legal proceedings. They constitute an opportunity for the accused individual to be heard by the faculty and the Dean of the School of Medicine. Accompaniment by legal counsel is permitted only with prior written notification to the respective faculty committee and/or the Dean of the School of Medicine. If legal counsel will be present for the accused, the School of Medicine reserves the right to have legal counsel present as well. Neither legal counsel nor other advisor may actively participate in the proceeding described herein, except as specifically provided.

* Footnote: Resident physicians are considered University of Alabama Hospital employees and are subject to the policies and procedures of the UAB Human Resource Management. The Associate Dean for Graduate Medical Education in conjunction with the UAB Human Resource Management will handle allegations of resident physician abuse. Predoctoral graduate students and postdoctoral fellows are enrolled in the School of Graduate Studies, and the Dean of the Graduate School will handle allegations of graduate student abuse.