Due Process Procedures
The following guidelines are consistent
with the general guideline described in the UT School
Psychology Handbook.
Notice, Hearing
and Appeal
Notice and Hearing for Probation
Grievance Procedure (Training or Supervision)
Notice, Hearing and
Appeal
Given the amount of time and the
financial and professional resources that the consortium
participants invest in each intern, it is essential that the
admission process select only those students who are
intellectually and personally qualified to succeed. Thus, it
is assumed that each student admitted to the consortium will
complete it; and that consortium faculty, staff, and students
are jointly responsible for maximizing the probability of
attaining the goal. Ideally, at no point will the following
policies need to be implemented. Realistically, in a limited
number of instances, probation or termination procedures may
need to be instituted. In such cases, it is assumed that all
concerned, especially the intern, are fully aware of the
relevant issues and of the likelihood that disciplinary action
will be taken. The only time when an intern is surprised by a
consortium governing board decision should be when the student
has actively avoided his/her
supervisors.
Notice and Hearing
for Probation
Probation of an intern will be
considered when a student fails to make satisfactory progress
as a result of inadequacies in academic, research, ethical, or
fieldwork performance. The intern's supervisor or one of the
board members can make a recommendation for a probation
hearing. The student will be notified in writing that the
consortium governing board is considering probation. A quorum
of three board members must be present in order to hear the
complaint. A majority vote of the members present is required
for all decisions of the board. Any board member who cannot
hear the evidence fairly and objectively for any reason is
obligated to dismiss himself/herself from the case. An intern
who fails to appear before the board in accordance with proper
notification shall be deemed to have waived his/her rights to
be present during the presentation and to present information
in his/her own behalf.
Interns placed on probation will be
notified in writing as to both the probationary period and the
specific steps that must be taken for its termination.
Identified deficits must be made up before a student can be
removed from probation. Should this occur prior to the end of
the probationary period, the intern may petition the governing
board to be removed from probation.
Notice, Hearing and
Appeal for Termination
Termination of an intern will be
considered when (1) the intern fails to meet the conditions
established by the governing board at the time of the initial
probation decision or (2) an intern not on probation breeches
legal or ethical conduct in his/her collegiate, personal, or
professional behavior. The student will be notified in writing
that the consortium governing board is considering
termination. A quorum of three board members must be present
in order to hear the charges. A majority vote of the members
present is required for all decisions of the board. Any board
member who cannot hear the evidence fairly and objectively for
any reason is obligated to dismiss himself/herself from the
case. An intern who fails to appear before the board in
accordance with proper notification shall be deemed to have
waived his/her rights to be present during the presentation
and to present evidence in person to his/her supervisors, or
any member of the consortium staff. At the determination of
the consortium's governing board, the violation may be
outlined with a written request for corrective action or the
intern may be terminated. Violation of legal, ethical,
personal or professional behavior deemed flagrant without
corrective recourse will result in the governing Board's
recommendation for immediate termination. Ignorance of ethical
and legal standards does not constitute extenuating
circumstances. If the members of the governing board vote to
terminate the intern, a recommendation to that effect will be
conveyed to the intern and a notice sent to the intern's
training program.
When an Intern is being considered for
termination due to any one of the following events: (1) a material
breech of the contract with the consortium; (2) conviction of
intern of a felony or exclusion from participating in any federal
healthcare; (3) failure of the intern to comply with any other
rules and regulations established by federal and state government
agencies, the intern will be immediately suspended, with pay, from
working until the governing board has made a ruling on the issues.
The disciplinary action of the
governing board may be appealed. In all cases,the request
for appeal must be submitted in writing to the director
of training within seven (7) calendar days of written
notice of the board decision. If the seventh day falls
on a weekend or holiday, the time is extended to the next
regular workday. All appeals must be taken upon the record
made before the original board. Pending the outcome of
an appeal, termination will not be imposed. The director
of training will form an appellate board of three members
of licensed psychologists from the community. The intern
has a right to refuse a member for cause. A majority vote
of the members present is required for all decisions of
the board. Any board member who cannot hear the evidence
fairly and objectively for any reason is obligated to
dismiss himself/herself from the case. The appellate board
will review the request for appeal together with any written
briefs or other supporting documents to determine if the
appeal presents a substantial question within the scope
of review. The scope of review shall be limited to the
following:
Appropriateness of
Termination: In cases appealing the appropriateness of
termination, the appeal board shall uphold termination
unless termination is shown to be clearly unreasonable
(i.e., that which has been clearly and fully proven to have
no sound basis or justification in reason).
New Evidence: In cases
appealed on grounds of new evidence, the moving party must
show that such evidence could not have been discovered by
due diligence prior to the original hearing.
Due Process: In cases
appealed on the grounds of denial of due process, the moving
party must show that the adjudicatory process of the initial
hearing was not conducted in conformity with properly
prescribed procedures.
Grievance Procedure (Training
or Supervision)
An intern has the right to
file a grievance by presenting concerns in written form to the
governing Board. The board will respond in writing to the
concern within a 30-day period.
The intern may appeal the board's
decision by so notifying the Board in writing within a
15-day period. Upon receiving the written appeal, the board
will notify the director of The University of Tennessee
School Psychology Training Program.
The UT Director will appoint a three member committee to
review the appeal. The committee members will be selected
from members of the University School Psychology Training
Program. The
co-chairs are nonvoting members of the committee. The
appeal committee shall make a ruling on the appeals within
30 days of the consortium's receiving the written appeal
from the intern. Decisions of the appeal committee shall
be considered final by all parties involved.
While an intern may file a
grievance at any time, it is anticipated that complaints and
grievances about training components will be brought to the
attention of the direct supervisor, the group supervision
supervisor, one of the co-chairs of the consortium, or the
training director and successfully
resolved.
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