Revised 9/04 EMORY UNIVERSITY SCHOOL OF MEDICINE POSTDOCTORAL FELLOWSHIP TRAINING PROGRAM IN PROFESSIONAL PSYCHOLOGY GRIEVANCE AND DUE PROCESS GUIDELINES AND PROCEDURES In this document, we begin with a discussion of the training program, with particular emphasis on program goals, responsibilities, and expectations of the fellows. This is followed by a definition of competence problems and a discussion of principles that guide the due process procedure. This information is provided in an effort to set the stage for a description of the two aspects of our due process guidelines and procedures: (1) grievance procedures by faculty, including supervisory actions, remediation strategies, and the filing of formal grievances; and (2) grievance procedures by fellows. Steps that fellows can take to challenge the aforementioned supervisory actions are outlined. This document reflects annual input from members of the Postdoctoral Fellowship Steering Committee and the class of postdoctoral fellows. It should be noted that fellows and faculty are also expected to abide by the guidelines of the hiring institution. Training Program Goals The Fellowship Program aims to provide the fellow with the opportunity (in terms of setting, experience, and supervision) to begin assuming the professional role of a psychologist consistent with the scientist/practitioner model. This role entails the integration of previous training with a further development of knowledge, skills, and attitudes related to the following competency domains: direct service (psychological assessment, intervention, consultation); scientific foundations and research; supervision; professional development; individual and cultural diversity; and ethical and legal practice. The training program is committed to providing a learning environment in which a fellow can meaningfully explore personal issues that relate to his/her professional functioning. Responsibilities In accordance with these goals, the training program assumes a number of general responsibilities as described below. The training program will provide fellows with information regarding relevant professional standards and guidelines, as well as offer appropriate forums to discuss the implementation of such standards The training program will provide fellows with information regarding relevant legal regulations that govern the practice of psychology, as well as offer appropriate forums to discuss the implementation of such regulations. The training program faculty will continuously provide informal verbal feedback to the fellow in an ongoing fashion (formative feedback). The training program faculty will provide written evaluations of the fellow's progress at six-month intervals (formative and summative feedback). Feedback from the assessments will facilitate fellows' change and growth as professionals, by acknowledging strengths and identifying performance or conduct areas that need improvement. Evaluations will 1 address the fellows' knowledge, skills, and attitudes as related to each of the aforementioned competency domains. These written evaluations will be shared with the fellow in a meeting, and recommendations for continued improvement will be discussed. In the meetings, differences between fellows’ and supervisors’ appraisals are expected to surface, and in most cases will be resolved. After meeting, the supervisor and the fellow will sign the written evaluation and forward it to the Fellowship Director. Following the six-month evaluation, the fellow, the primary supervisors, and the Fellowship Director will meet to review progress, address areas of concern, and make modifications to the fellow’s Postdoctoral Fellowship Contract to better meet his or her training needs and the training program’s requirements. In accepting the above responsibilities, the training program will provide appropriate mechanisms by which behavior that negatively affects professional functioning is brought to the attention of the fellow. The training program also will maintain procedures, including grievance and due process guidelines, to address and remediate perceived problems as they relate to professional standards, professional competency and/or professional functioning. At the beginning of the training year, all postdoctoral fellows will be provided with these Due Process Guidelines, which describe the process that will be followed in the event of a grievance. Rights of Fellows Fellows have the following rights. The right to be trained by professionals who behave in accordance with the APA ethical guidelines. The right to be treated with professional respect, that recognizes the training and experience the fellow brings with him/her. The right to ongoing evaluation that is specific, respectful, and pertinent. The right to engage in an ongoing evaluation of the training program experience. The right to initiate an informal resolution of problems that might arise in the training experience (supervision assignments, etc.) through discussion or request letter to the faculty member concerned and/or to the Fellowship Director. The right to due process and appeal. Service to deal with problems after informal resolution has failed (either with supervisor and/or Fellowship Director) or to determine when rights have been infringed upon. The right to respect for one's personal privacy. Expectations of Fellows The following are the training program’s expectations for the fellows. Prior to the initiation of the postdoctoral fellowship training year, fellows are expected to have attained the minimal standards of competence in the above-noted competency domains. Postdoctoral fellows will complete a Postdoctoral Fellowship Contract in collaboration with their supervisors at the beginning of the training year. This competency-based contract outlines the direct service (psychological assessment, intervention, consultation), scientific foundations and research, supervision, and professional development expectations for the fellow. Within each of the competency domains, attention is paid to knowledge of and conformity to relevant ethical and legal considerations, and 2 professional standards, as well as sensitivity to diversity. This contract also outlines training expectations in terms of participation in supervision, seminars, and Grand Rounds. This contract serves as the basis for the formal evaluations of fellow’s performance. Fellows are expected to make adequate progress in each of these competency domains in training as specified in their fellowship contract and as assessed by periodic evaluations. Within the field of psychology, interpersonal competence is critically important. As such, within a developmental framework, and with due regard for the inherent power difference between students and faculty, fellows are expected to demonstrate sufficient: (a) interpersonal and professional competence (e.g., the ways in which student-trainees relate to clients, peers, faculty, allied professionals, the public, and individuals from diverse backgrounds or histories); (b) self-awareness, self-reflection, and self-evaluation (e.g., knowledge of the content and potential impact of one's own beliefs and values on clients, peers, faculty, allied professionals, the public, and individuals from diverse backgrounds or histories); (c) openness to processes of supervision (e.g., the ability and willingness to explore issues that either interfere with the appropriate provision of care or impede professional development or functioning); and (d) resolution of issues or problems that interfere with professional development or functioning in a satisfactory manner (e.g., by responding constructively to feedback from supervisors or program faculty; by the successful completion of remediation plans; by participating in personal therapy in order to resolve issues or problems). Upon successful completion of the fellowship, the fellow is expected to be able to function independently as a psychologist. Fellows are expected to be cognizant of and abide by the guidelines as stated in the APA Ethical Principles of Psychologists and Code of Conduct; Standards for Providers of Psychological Services; Specialty Guidelines; Guidelines on Multicultural Education, Training, Research, Practice, and Organizational Change for Psychologists; Guidelines for Psychotherapy with Lesbian, Gay, and Bisexual Clients, and any other relevant professional documents or standards that address psychologists' ethical, personal or legal responsibilities. Fellows must be cognizant of and abide by the laws and regulations governing the practice of psychology as included in appropriate legal documents. Such documents include, but are not necessarily limited to, the Georgia State Board of Examiners of Psychologists Law. It is recognized by the training program that mere knowledge of and exposure to the above guidelines and standards are not sufficient. Fellows need to demonstrate the ability to integrate relevant professional standards into their own repertoire of professional and personal behavior, as well as a capacity for ethical decision-making. Examples of such integration include a demonstrated awareness of ethical issues when they arise in work with clients, appropriate decision-making in other ethical situations, and awareness of ethical considerations in their own and other's professional work. Finally, it is recognized by the training program that there is a relation between level of personal functioning and effectiveness as a professional psychologist. Fellows are expected to function at a personal level that allows them to meet all professional, legal, and ethical expectations. When fellows are experiencing personal difficulties that they are aware are interfering with their professional competence, they are expected to inform 3 their supervisors and the Director of the Postdoctoral Fellowship Program in a timely fashion. Competence and Competence Problems Definitions Epstein and Hundert (2002) proffered an excellent definition of professional competence as “the habitual and judicious use of communication, knowledge, technical skills, clinical reasoning, emotions, values, and reflection in daily practice for the benefit of the individual and community being served” (p. 227). They further asserted that competence depends on habits of mind, including attentiveness, critical curiosity, self-awareness, and presence. As such, competence connotes the capability of critical thinking and analysis; the successful exercise of professional judgment in assessing a situation and making decisions about what to do or not do based on that assessment; and the ability to evaluate and modify one’s decisions, as appropriate, through reflective practice. These actions must be executed in accord with ethical principles, standards, guidelines, and values of the profession and require public verification. Competence is developmental as what is expected differs depending on the individual’s stage of professional functioning. Further competence is context dependent, as different competencies, aspects of each competency, and execution of each competency varies depending on the setting and environment. Competencies are composed of knowledge, skills, and attitudes, which as a coherent group are necessary for professional practice. For the Emory University School of Medicine Postdoctoral Fellowship Program in Professional Psychology, the fellow is expected to demonstrate developmentally-appropriate knowledge, skills, and attitudes in the following competency domains: direct service (assessment, intervention, consultation), scientific foundations and research, supervision, professional development, individual and cultural diversity, and ethical and legal practice. An individual’s competence can be viewed on a continuum from highly capable/expert, to competent for independent practice (expected level at the end of the training program), to competent in accord with one’s expected level of professional development (expected throughout the course of the program), to exhibiting behavior indicative of competence concerns, to manifesting behavior suggestive of competence problems. This document focuses primarily on competence problems, with some attention paid to competence concerns. While it is a professional judgment as to when a fellow's behavior is indicative of a competence problem rather than just a “concern”, for purposes of this document, a “concern” refers to a trainee’s performance, behaviors, attitudes, or characteristics that may require remediation, but are not excessive for professionals in training. It is recommended that some of the remediation strategies described below related to addressing competence problems be implemented when an aspect of a fellow’s professional functioning becomes a concern. If a concern does not respond to remediation strategies, it may become a competence problem. For purposes of this document, a competence problem is defined broadly as: (1) an inability to exhibit or acquire the professional knowledge, skills, and attitudes required to reach an acceptable level of performance in each competency-domain outlined in the Postdoctoral Fellow Contract; (2) an inability and/or unwillingness to acquire and integrate professional standards (e.g., ethical, legal, diversity) in one’s professional functioning; and/or (3) an inability to effectively control personal stress, psychological dysfunction, excessive emotional reactions, and/or interpersonal difficulties that interfere with professional functioning. 4 Characteristics of Competence Problems Competence problems may arise because of educational or academic deficiencies, psychological adjustment problems and/or inappropriate emotional responses, inappropriate management of personal stress, inadequate level of self-directed professional development, inappropriate use of and/or response to supervision, etc. Behaviors typically become identified as competence problems when they include one or more of the following characteristics: The behavior is not merely a reflection of a knowledge or skill deficit that can be rectified by academic or didactic training or supervision. The quality of services delivered by the fellow is sufficiently negatively affected. The behavior has potential for ethical or legal ramifications if not addressed. The behavior shows a persistent insensitivity to diversity considerations related to race, ethnicity, gender, sexual orientation, age, disability status, veteran’s status, etc. The fellow’s emotional difficulties interfere with his or her capacity to perform competently. The fellow’s interpersonal style interferes with his or her intraprofessional and interdisciplinary relationships with peers, coworkers, supervisors, and/or subordinates. The fellow does not acknowledge, understand, or address the concern when it is identified. The trainee's behavior does not change as a function of feedback, remediation efforts, and/or time. A disproportionate amount of attention by training personnel is required. The fellow's behavior negatively impacts the public view of the training program or institution. The behavior negatively impacts the fellowship class. Guiding Principles to Ensure Due Process The following principles serve to ensure that decisions made by the training program about fellows are not arbitrary or personally based. These principles ensure that the fellow is provided ongoing and meaningful feedback, opportunities for remediation, and information about appeals procedures. Presenting fellows with written documentation of the program's expectations related to professional and personal functioning. Stipulating the procedures for evaluation, including when and how evaluations will be conducted. Such evaluations should occur at meaningful intervals. Articulating the various procedures and actions involved in making decisions regarding problem behaviors. Communicating with fellows early and often about how to address problem behaviors. Instituting a remediation plan for identified inadequacies, including a time frame for expected remediation and consequences of not rectifying the inadequacies. Providing a written procedure to the fellow that describes how the fellow may appeal the program's action. Ensuring that fellows have sufficient time to respond to any action taken by the program. Using input from multiple professional sources when making decisions or recommendations regarding the fellow's performance. 5 Documenting, in writing and to all relevant parties, the action taken by the program and its rationale. Formally Addressing Competence Problems This section addresses the sequence of supervisory actions to be taken when competence problems are identified. Attention then is paid to remediation strategies that may be used to address these competence problems. Finally, there is a discussion of formal grievance procedures. Supervisory Actions If competence problems are noted by a fellow’s supervisor, the following procedures will be initiated: The fellow's supervisor(s) will meet with the Fellowship Director to discuss the problem and determine what action needs to be taken. The fellow will be notified, in writing, that such a review is occurring and will have the opportunity to provide an oral or written statement. In discussing the problem and the fellow's response, the Fellowship Director may adopt any one or more of the following methods or may take any other appropriate action. o Issue a verbal warning to the fellow that emphasizes the need to engage in recommended amelioration strategies in order to alter the competence concern (as opposed to problem). No record of this action is kept. o Issue a "Performance Notice" which formally indicates that the faculty is aware of and concerned with the fellow’s performance, that the problem has been brought to the attention of the fellow, that the faculty will work with the fellow to specify the steps necessary to rectify the competence problems, and that the behaviors are not significant enough to warrant serious action. Remediation strategies described below should be implemented at this time. A copy of this will be kept in the fellow’s file. o Issue a “Probation Notice” which defines a relationship such that the faculty actively and systematically monitors, for a specific length of time, the degree to which the fellow addresses, changes and/or otherwise improves the problem behavior. The fellow must be provided with a written statement that includes: a description of the actual problem behaviors, the specific recommendations for rectifying the problem, the time frame for the probation during which the problem is expected to be ameliorated, and the procedures designed to ascertain whether the problem has been appropriately rectified. Remediation strategies must be implemented at this time. A copy of this will be kept in the fellow’s file. o Take no further action and inform all parties of this decision. The Fellowship Director will then meet with the fellow to review the action taken. If placed on probation, the fellow may choose to accept the conditions or may challenge the decision. The procedures for challenging the decision are presented below (see Procedures for Appeal by a Fellow). Once the Performance Notice or Probation Status is issued by the Fellowship Director, it is expected that the fellow’s performance will be reviewed no later than the next formal evaluation period or, in the case of probation, no later than the time limits identified in 6 the probation statement. If the problem has been rectified to the satisfaction of the faculty, the fellow and other appropriate individuals will be informed and no further action will be taken. If it is determined that the conditions for revoking the probation status have not been met, the faculty may take any of the following actions: o Continue the probation for a specific time period, with written notice to the fellow of ongoing steps that must be taken to ameliorate the problem in the specified time frame. o Issue a written “Suspension Notice” stating that the fellow is not allowed to continue engaging in certain professional activities until there is evidence that the behavior in question has improved. o Issue a written “Warning Notice” stating that if the problem behavior does not change, the fellow will not meet criteria for fellowship graduation. o Issue a written “Termination Notice” that the fellow will be terminated from the fellowship program as of the date specified in the notice. When a combination of the aforementioned interventions do not, after a reasonable time period, rectify the problem, or when the trainee seems unable or unwilling to alter his/her behavior, the training program may need to take more formal action, including such actions as: Giving the fellow a limited endorsement, including the specification of those settings in which he/she could function adequately. Communicating to the fellow that he or she has not successfully completed the fellowship, with the possibility of continuing an additional year. Terminating the fellow from the training program. This includes issuing of a “Termination Notice.” Remediation Strategies It is important to have meaningful ways to address competence concerns or problems once they have been identified. The training program therefore, in conjunction with the fellow, will formulate strategies for remediation of such problems and will implement such strategies and procedures. Several possible and perhaps concurrent courses of action designed to remediate competence problems include, but are not limited to, the following. These remediation strategies may also be used when addressing competence concerns as well. All of these remediation strategies need to be appropriately documented and implemented in ways that are consistent with due process procedures. Increasing supervision, either with the same or other supervisors. Changing the format, emphasis, and/or focus of supervision. Recommending and/or requiring personal therapy in a way that all parties involved have clarified the manner in which therapy contacts will be used in the fellow evaluation process. Reducing the fellow's clinical or other workload or modifying their schedule in other ways. Requiring specific academic coursework or independent study. Recommending, when appropriate, a leave of absence and/or a second fellowship. Recommending and assisting in implementing a career shift for the fellow. 7 Formal Grievance Procedure Initiated by Faculty There may be extreme instances in which the aforementioned procedures are expedited because of the severity of the problem. This is most likely to occur when the fellow engages in behavior indicative of professional incompetence (consistent with the definition above); violates the APA Ethical Principles of Psychologists and Code of Conduct, legal standards, or the policies set forth by the institution or setting in which the fellow is based; when the fellow behaves in a manner that is insubordinate or exploitative; when the fellow engages in behavior indicative of discriminatory harassment; or when the fellow’s behavior infringes on the rights, privileges, and responsibilities of other trainees, faculty, staff, or clients. In such cases, a faculty member may initiate a formal grievance procedure. Any faculty member may submit to the Fellowship Director, in writing, a grievance against a fellow for violation of professional and ethical standards or laws; professional incompetence; or infringement on the rights, privileges or responsibilities of others. After review by the Fellowship Director, the fellow will receive a written copy of the grievance. The following steps will then occur: The Fellowship Director will convene a Review Panel within 30 days of receiving the complaint. The panel will consist of the Director, two faculty members selected by the Director, and two faculty members selected by the fellow. The faculty member bringing the complaint may not serve on the panel. A review hearing will be conducted, chaired by the Fellowship Director, in which the grievance is heard and the evidence is presented by the faculty making the written complaint. The fellow retains the right to be present at the hearing, to hear all facts, and to dispute or explain his or her behavior. Within 15 days of the completion of the review hearing, the Review Panel files a written report, including any recommendations for further action. Decisions made by the Review Panel will be made by majority vote of the five panel members. The fellow is informed of the recommendations by the Fellowship Director and through receipt of a copy of the panel report. If the Review Panel finds in favor of the fellow, no further action against the fellow is taken. The Fellowship Director will consult with the faculty member making the complaint concerning the decision. If the Review Panel finds in favor of the faculty member bringing the grievance, it may issue to the fellow a written Probation Notice, Suspension Notice, Warning Notice, or Termination Notice as described above. Decisions of the Review Panel may be appealed to an Appeal Committee consisting of the Dean of the Emory University School of Medicine and the Chair of the Emory Medical School department that employs the fellow. The decision of the Appeal Committee is final. Procedures for Appeal by a Fellow Fellows who wish to contest supervisory actions and decisions must submit a written challenge to the Fellowship Director within 10 days of receipt of the faculty decision. Failure to submit a written challenge within 10 days will be taken as assent to the supervisory actions and decisions. Once a written challenge is received, the following steps will occur: The Fellowship Director will convene a Review Panel consisting of the Director, two faculty members selected by the Director, and two faculty members selected by the fellow. The faculty supervisor involved in the dispute may not serve on the panel. 8 A review hearing will be conducted, chaired by the Fellowship Director, in which evidence is heard from the faculty supervisor. The fellow retains the right to be present at the hearing, to hear all facts, and to dispute or explain his or her behavior. Within 15 days of the completion of the review hearing, the Review Panel files a written report, including any recommendations for further action. Decisions made by the Review Panel will be made by majority vote of the five panel members. The fellow is informed of the recommendations by the Fellowship Director and through receipt of a copy of the panel report. If the Review Panel finds in favor of the fellow, no further action against the fellow is taken. The Fellowship Director will consult with the faculty supervisor concerning the decision. If the Review Panel finds in favor of the faculty supervisor, the original supervisory action is implemented. The Review Panel may, at its discretion, find neither in favor of the supervisor nor the fellow. It may instead modify the original supervisory action or issue and implement its own action. In this instance, the Fellowship Director will consult with both the faculty supervisory and the fellow concerning the decision. Decisions of the Review Panel may be appealed to an Appeal Committee consisting of the Dean of the Emory University School of Medicine and the Chair of the Emory Medical School Department that employs the fellow. The decision of the Appeal Committee is final. Grievances Initiated by Fellows Situations may arise in which a fellow has a complaint or grievance against a faculty member, staff member, other trainee, or the program itself, and in which the fellow wishes to file a formal grievance. The following steps are intended to provide the fellow with a means to resolve perceived conflicts that cannot be resolved by informal means. Fellows who pursue grievances in good faith will not experience any adverse personal or professional consequences. Nothing here precludes attempted resolution of difficulties by adjudication at a clinic, hospital, or university level. Prior to filing a formal grievance, the fellow should raise the issue with the supervisor, staff member, other trainee, or Fellowship Director in an effort to resolve the problem. If the matter cannot be resolved, if it is inappropriate to raise the matter with the other individual, or if the fellow fears potential repercussions, the issue should be brought to the attention of the Fellowship Director. If the Fellowship Director is involved in the grievance or is unavailable, the issue should be raised with the Associate Director, who may function as the Director in responding to the complaint. The Fellowship Director will initially attempt to mediate the complaint between the parties involved. If the Fellowship Director can not resolve the matter, the Fellowship Director will choose an agreeable faculty member, agreeable to the Fellow, and request that individual to mediate the matter. Written material will be sought from both parties. If mediation fails, the Fellowship Director will convene a Review Panel within 30 days of receiving the written complaint. The panel will consist of the Director, two faculty members selected by the Director, and two faculty members selected by the fellow. Any 9 party involved in the dispute may not serve on the panel. The Review Panel will review all written materials (from the fellow, other party, mediation). A review hearing will be conducted, chaired by the Fellowship Director, in which evidence is heard. All parties in the dispute retain the right to be present at the hearing, to hear all facts, and to dispute any evidence or claims presented. Within 15 days of the completion of the review hearing, the Review Panel files a written report, including any recommendations for further action. Decisions made by the Review Panel will be made by majority vote of the five panel members. The fellow is informed of the recommendations by the Fellowship Director and receives a copy of the panel report. Recommendations of the Review Panel are forwarded to the appropriate University, Clinic, or Hospital administrator for review and response. It is the responsibility of the Fellowship Director to follow-up on the response to these recommendations. Decisions of the Review Panel may be appealed to an Appeal Committee consisting of the Dean of the Emory University School of Medicine and the Chair of the Emory Medical School Department that employs the fellow. The decision of the Appeal Committee is final. 10