Due Process Policy

This Due Process Policy is in place to protect the rights of the psychology doctoral intern and the psychology doctoral intern program, and carries responsibilities for both. This policy is discussed with psychology interns during orientation and provided in written form. This process is implemented in situations in which a supervisor or other faculty or staff member raises a concern about the functioning of a psychology intern or when a psychology intern receives an average score below “3” on any item on their semi-annual evaluations. The Due Process procedure continues in a step-wise fashion engaging higher levels of intervention as a problem increases in persistence, complexity, or level of disruption to the training program. These procedures are not intended to be punitive; rather, they are meant as a structured opportunity for the psychology intern to receive support and assistance to remediate concerns.

Psychology Intern Rights and Responsibilities:

The psychology intern has the right to:

• be afforded with every reasonable opportunity to remediate problems.
• be treated in a manner that is respectful, professional, and ethical.
• participate in the Due Process procedures by having his/her viewpoint heard at each step in the process.
• appeal decisions with which he/she disagrees, within the limits of this policy.

The responsibilities of the psychology intern include:

• engaging with the training program and the institution in a manner that is respectful, professional, and ethical.
• making every reasonable attempt to remediate behavioral and competency concerns.
• striving to meet the aims and objectives of the program.

Psychology Doctoral Intern Program Rights and Responsibilities::

The program has the right to:

• implement these Due Process procedures when they are called for as described below.
• be treated in a manner that is respectful, professional, and ethical (includes its faculty/staff).
• make decisions related to remediation for a psychology intern, including probation, suspension and termination, within the limits of this policy.

The responsibilities of the program include:

• engaging with the psychology intern in a manner that is respectful, professional, and ethical.
• making every reasonable attempt to support psychology intern in remediating behavioral and competency concerns.
• supporting the psychology intern to the extent possible in successfully completing the training program.

Definition of a Problem

For purposes of this document, a problem is defined broadly as an interference in professional functioning, which is reflected in one or more of the following ways:

• an inability and/or unwillingness to acquire and integrate professional standards into one’s repertoire of professional behavior
• an inability to acquire professional skills in order to reach an acceptable level of competency; and/or
• an inability to control personal stress, psychological dysfunctions, and/or excessive emotional reactions that interfere with professional functioning.

It is a professional judgment as to when an issue becomes a problem that requires remediation. Issues typically become identified as problems that require remediation when they include one or more of the following characteristics:

• the psychology intern does not acknowledge, understand, or address the problem when it is identified;
• the problem is not merely a reflection of a skill deficit, which can be rectified by the scheduled sequence of clinical or didactic training;
• the quality of services delivered by the psychology intern is sufficiently negatively affected;
• the problem is not restricted to one area of professional functioning;
• a disproportionate amount of attention by training personnel is required;
• the psychology intern behavior does not change as a function of feedback, and/or time;
• the problematic behavior has potential for ethical or legal ramifications if not addressed;
• the psychology intern behavior negatively impacts the public view of the agency;
• the problematic behavior negatively impacts other trainees;
• the problematic behavior potentially causes harm to a patient; and/or,
• the problematic behavior violates appropriate interpersonal communication with staff.

Informal Review:

When a supervisor or other faculty/staff member believes that a psychology intern’s behavior is becoming problematic or that a psychology intern is having difficulty consistently demonstrating an expected level of competence, the first step in addressing the issue should be to raise the issue with the psychology intern directly and as soon as feasible in an attempt to informally resolve the problem; this may include increased supervision, didactic training, and/or structured readings. The supervisor or faculty/staff member who raises the concern should monitor the outcome.

Formal Review:

If a psychology intern’s problem behavior persists following an attempt to resolve the issue informally, the following process is initiated:

1. Notice: The psychology intern will be notified in writing that the issue will receive a formal level of review, and that a Hearing will be held.
2. Hearing: The supervisor or faculty/staff member will hold a Hearing with the Training Director (TD) and intern within 10 working days of issuing a Notice of Formal Review to discuss the problem and determine what action needs to be taken to address the issue. If the TD is the supervisor who is raising the issue, an additional faculty member who works directly with the psychology intern will be included at the Hearing. The psychology intern will have the opportunity to present his/her perspective at the Hearing and/or to provide a written statement related to his/her response to the problem.
3. Outcome and Next Steps: The result of the Hearing will be any of the following options, to be determined by the TD and other faculty/staff member who was present at the Hearing. This outcome will be communicated to the psychology intern in writing within 5 working days of the Hearing:
   1.  Issue an “Acknowledgement Notice,” which formally acknowledges:
      1. that the faculty is aware of and concerned with the problem;
      1. that the problem has been brought to the attention of the psychology intern;
      1. that the faculty will work with the psychology intern to specify the steps necessary to rectify the problem or skill deficits; and,
      1. that the problem is not significant enough to warrant further remedial action at this time.
   1. Place the psychology intern on a “Remediation Plan,” which defines a relationship such that the faculty, through the supervisors and TD, actively and systematically monitor, for a specific length of time, the degree to which the psychology intern addresses, changes, and/or otherwise improves the problematic behavior or skill deficit. The implementation of a Remediation Plan will represent a probationary status for the psychology intern. The length of the probation period will depend upon the nature of the problem and will be determined by the psychology intern supervisor and the TD. A written Remediation Plan will be shared with the psychology intern in writing and will include:
      1. the actual behaviors or skills associated with the problem;
      1. the specific actions to be taken for rectifying the problem;
      1. the time frame during which the problem is expected to be ameliorated; and,
      1. the procedures designed to ascertain whether the problem has been appropriately remediated.

At the end of this remediation period, the TD will provide a written statement indicating whether the problem has been remediated. This statement will become part of the psychology intern permanent file. If the problem has not been remediated, the TD may choose to move to the next step below or may choose to extend the Remediation Plan. The extended Remediation Plan will include all the information mentioned above and the extended time frame will be specified clearly.

• Place the psychology intern on suspension, which would include removing the psychology intern from all clinical service provision for a specified period, during which the program may support the psychology intern in obtaining additional didactic training, close mentorship, or engage some other method of remediation. The length of the suspension period will depend upon the nature of the problem and will be determined by the psychology intern supervisor and the TD. A written Suspension Plan will be shared with the psychology intern in writing and will include:
  • the actual behaviors or skills associated with the problem;
  • the specific actions to be taken for rectifying the problem;
  • the time frame during which the problem is expected to be ameliorated; and,
  • the procedures designed to ascertain whether the problem has been appropriately remediated.

At the end of this remediation period, the TD will provide a written statement indicating whether the problem has been remediated to a level that indicates that the suspension of clinical activities can be lifted. The statement may include a recommendation to place the psychology intern on a probationary status with a Remediation Plan. In this case, the process in #2 above would be followed. This statement will become part of the psychology intern’s permanent file.

• If the problem is not rectified through the above processes, or if the problem represents gross misconduct or ethical violations that have the potential to cause harm, the psychology intern placement within the internship program may be terminated. The decision to terminate a psychology intern position would be made by the Training Committee and a representative of Human Resources and would represent a discontinuation of participation by the psychology intern within every aspect of the training program. The Training Committee would make this determination during a meeting convened within 10 working days of the previous step completed in this process, or during the regularly-scheduled monthly Training Committee meeting, whichever occurs first. The TD may decide to suspend a psychology intern clinical activities during this period prior to a final decision being made, if warranted.

All time limits mentioned above may be extended by mutual consent within a reasonable limit.

The TD, Division Chief, Department Chair, the Designated Institutional Official (DIO), the President of the Hospital, the Dean of the College of Medicine, or the Chief of Staff of the Hospital may suspend a psychology intern from patient care responsibilities at any time. The psychology intern will be removed from duty, informed of the reasons for the suspension, and given the opportunity to provide information in response within one week. During suspension, the psychology intern will not provide patient care duties and access to the medical record and patient care areas will be suspended. The psychology intern may be assigned to other duties as determined and approved by the Department Chair. If this occurs, procedures outlined above would be followed with the requirement that the psychology intern will either be reinstated (with or without the imposition of probation or other conditions) or dismissal proceedings will commence by the University against the intern within thirty (30) days of suspension. Any suspension and reassignment of the psychology intern to other duties may continue until final conclusion of the decision making or appeal process.

Appeal Process

If the psychology intern wishes to challenge a decision made at any step in the Due Process procedures, he or she may request an Appeals Hearing before the Training Committee. This request must be made in writing to the TD within 5 working days of notification regarding the decision with which the psychology intern is dissatisfied. If requested, the Appeals Hearing will be conducted by a review panel convened by the TD and consisting of TD (or another supervisor, if appropriate) and at least two other members of the training faculty who work directly with the psychology intern. The psychology intern may request a specific member of the training faculty to serve on the review panel. The Appeals Hearing will be held within 10 working days of the psychology intern request. The review panel will review all written materials and have an opportunity to interview the parties involved or any other individuals with relevant information. The review panel may uphold the decisions made previously or may modify them.

If the psychology intern is dissatisfied with the decision of the review panel, he/she may appeal the decision, in writing, to the Department Chair. If the psychology intern is dissatisfied with the decision of the Department Chair, he/she may appeal the decision, in writing, to the University Department of Human Resources. Each of these levels of appeal must be submitted in writing within 5 working days of the decision being appealed. The Department of Human Resources has final discretion regarding outcome.